Drawing Document Clause Samples

Drawing Document any Letter of Credit or other document presented for purposes of drawing under any Letter of Credit. EBITDA: for any period of determination, the sum of (without duplication), the following determined on a consolidated basis: (a) Consolidated Net Income during such period; plus (b) to the extent deducted from Consolidated Net Income in such period: (i) income tax expense, (ii) franchise tax expense, (iii) Consolidated Interest Expense, (iv) amortization and depreciation during such period, (v) all non-cash charges and adjustments, (vi) non-recurring cash expenses related to the Transactions, (vii) non-recurring cash expenses relating to transactions permitted pursuant to Section 10.2.9(k) provided that the aggregate expenses added back pursuant to this clause (vii) shall not exceed $10,000,000 through the Revolver Termination Date, (viii) expenses incurred in connection with the FCPA Matter during the Fiscal Quarters ending March 31, 2015, June 30, 2015, September 30, 2015 and December 31, 2015; provided that expenses added back pursuant to this clause (viii) may not exceed in any such Fiscal Quarter the dollar amount set forth below opposite such Fiscal Quarter: March 31, 2015 $ 18,000,000 June 30, 2015 $ 10,000,000 September 30, 2015 $ 5,000,000 December 31, 2015 $ 5,000,000 provided, that to the extent the Maximum FCPA Expense Addback in any of the above Fiscal Quarters is not fully used, the unused amount may be carried forward to any subsequent Fiscal Quarter ending on or prior to December 31, 2016; and (ix) the amount of any settlement of the FCPA Matter; minus (c) the amount of any cash payment of any settlement of the FCPA Matter in excess of the Net Liquidity, determined immediately prior to such cash payment; provided, that if the Company or any Consolidated Subsidiary shall acquire or dispose of any Property in an aggregate amount of at least $15,000,000 during such period (other than (A) pursuant to clauses (a), (b), (d), (e), (f), (h) and (i) of Section 10.2.9 and (B) acquisitions and dispositions of Equipment in the Ordinary Course of Business), then EBITDA shall be calculated, with calculation in form and substance reasonably satisfactory to Administrative Agent, after giving pro forma effect to such acquisition or disposition, as if such acquisition or disposition had occurred on the first day of such period (provided that Administrative Agent is reasonably satisfied with the form and substance of the related projections). Notwithstanding a...