Actual EBITDA Clause Samples
The 'Actual EBITDA' clause defines how a company's earnings before interest, taxes, depreciation, and amortization are calculated for a specific period. It typically outlines the precise accounting methods, adjustments, and inclusions or exclusions—such as extraordinary items or non-recurring expenses—that must be considered when determining EBITDA. This clause ensures that all parties have a clear, consistent basis for measuring financial performance, which is crucial for evaluating covenants, performance targets, or earn-out payments in financial agreements.
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Actual EBITDA. “EBITDA” as defined in the Credit Agreement dated as of July 30, 2004 by and among Foundation PA Coal Company, as borrower, FC 2 Corp. and Foundation Coal Corporation, as guarantors, and the lenders named therein, as amended and as in effect on the date hereof (the “Credit Agreement”). More specifically defined as income (or loss) from continuing operations, plus interest expense, net of interest income, income tax expense (benefit), accretion on asset retirement obligations, and depreciation, depletion and amortization plus or minus other adjustments as specified in the Credit Agreement.
Actual EBITDA. “EBITDA” as defined in the Credit Agreement dated as of July 30, 2004 by and among Foundation PA Coal Company, as borrower, FC 2 Corp. and Foundation Coal Corporation, as guarantors, and the lenders named therein as in effect on the date hereof. More specifically defined as income (or loss) from continuing operations, plus interest expense, net of interest income, income tax expense (benefit), accretion on asset retirement obligations, and depreciation, depletion and amortization plus or minus other adjustments as specified in Foundation Coal’s bank credit agreement.
Actual EBITDA. “EBITDA” as defined in the Operating Company’s 2005 Annual Bonus Plan.
Actual EBITDA. For the Plan Year, the consolidated net income of the Company, plus (i) interest expense of the Company plus (ii) federal and state income taxes of the Company plus (iii) all depreciation and amortization of capitalized cost of the Company plus (iv) actual closing costs expensed in an amount not to exceed $500,000 incurred by the Company in connection with the purchase of Extrinsic plus (v) the amount of the management fees expensed for Taglich Brothers, Inc., as determined by BG in accordance with generally accepted accounting principles and BG policy consistently applied.
Actual EBITDA. Quarter Ending: __/__/__ ________(e) __/__/__ ________(f) __/__/__ ________
Actual EBITDA. The Company shall, as of the last day of each calendar quarter (commencing with the calendar quarter ending December 31, 1996), maintain the ratio (the "Cash Flow Shrinkage Ratio") of Adjusted Actual EBITDA for the four calendar quarters then ended to the relevant Adjusted Base EBITDA in an amount not less than 0.85 to 1 (provided that the Cash Flow Shrinkage Ratio shall be computed: as of December 31, 1996, for the period of two calendar quarters then ended; and as of March 31, 1997, for the period of three calendar quarters then ended).
Actual EBITDA. “EBITDA” as defined in the Credit Agreement dated as of July 30, 2004 by and among Foundation PA Coal Company, as borrower, FC 2 Corp. and Foundation Coal Corporation, as guarantors, and the lenders named therein as in effect on the date hereof.