Amendment Fee Definitions Sample Clauses

Amendment Fee Definitions. (i) The term "Operators' Free Cash Flow" shall mean, for any period, Operators' EBITDARM for such period, plus any Liquidity Deposits and Additional Liquidity Deposits refunded to PHCM during such period, less, without duplication, the following expenditures incurred by the Operators relating to the operation of the Facilities: (a) interest (including, without limitation, payments in the nature of interest) added to the Operators' Net Income in computing Operators' EBITDARM; (b) the Base Management Fee, to the extent that the Base Management Fee has been added back in the calculation of Operators' EBITDARM pursuant to clause (b)(6) of the definition of that term hereinbelow; (c) all capital expenditures (subject to a maximum amount of $600 per bed for the Facilities); (d) income taxes (or, if greater, income tax actually paid during the period); (e) all pre-petition real property taxes, critical vendor payments and other expenses relating to the Facilities actually paid by or for the account of the Operators after the Petition Date; (f) all expenses incurred and payments made by the Mariner Entities in closing the sale of the Ciena Facilities (whether paid prior to, at or after Closing), including, without limitation, closing costs, and amounts paid to Ciena to cover accrued and unpaid wages and fringe benefits; and (g) any portion of the Operators' Free Cash Flow used to fund the Liquidity Deposit Installments and, if applicable, any Additional Liquidity Deposits, required under the Amended Omega Loan Documents. Payments of principal and interest on the Maintenance Obligation Note are not related to the operation of the Facilities and therefore shall not be deducted in determining Operators' Free Cash Flow. Post-December 31, 1999 Interest and Past Due Interest (without duplication) shall be added back to Operators' Net Income in computing Operators' EBITDARM only for the fiscal years ending September 30, 2001 and September 30, 2002, and therefore shall be deducted in determining Operators' Free Cash Flow only for those fiscal years. Interest on Past Due Interest shall be deducted in determining Operators' Free Cash Flow for the applicable periods during which it is deducted in computing Net Income.
View Source

Related to Amendment Fee Definitions

  • Amended Definitions The following definitions in Section 1.01 of the Credit Agreement shall be and they hereby are amended and restated in their respective entireties to read as follows:

  • Amended Definition The following definition in Section 1.1 of the Credit Agreement shall be and it hereby is amended and restated in its entirety to read as follows:

  • Special Definitions For purposes of this Section, the following specialized terms will have the following meanings:

  • Deleted Definitions Subject to Section 2.01 hereof, the Indenture is hereby amended by deleting any definitions from the Indenture with respect to which references would be eliminated as a result of the amendment of the Indenture pursuant to Section 1.01 hereof.

  • SECTION I - DEFINITIONS As used in this Agreement, the following terms shall have the meanings ascribed herein unless otherwise stated or reasonably required by the Agreement, and other forms of any defined words shall have a meaning parallel thereto.