Common use of EBIT Clause in Contracts

EBIT. (in accordance with the definition of EBIT as set forth in the Agreement) A. Net earnings of the Company and its Subsidiaries on a Consolidated basis for the calculation period as determined in accordance with GAAP To the extent deducted in the calculation of such net earnings for such calculation period, the sum, without duplication, of the following: B. + Interest Expense and financing costs C. + Provisions for income taxes D. + Extraordinary or nonrecurring noncash charges and expenses (including any impairment charges or write-offs or write-downs with respect to goodwill or other intangible assets and including any noncash restructuring charges) E. + Extraordinary or nonrecurring cash charges and expenses in an aggregate amount not exceeding $50,000,000 after the date of the Agreement F. + Any negative impact on net earnings of the Arbitration Award (including all amounts required to be paid by ▇▇▇▇▇▇▇ under the Arbitration Award), in an aggregate amount not exceeding $500,000,000 G. To the extent included in the calculation of such net earnings for the calculation period, nonrecurring non cash gains and any positive impact on net earnings of the Arbitration Award (including recovery of any amounts required to be paid thereunder), in an aggregate amount not exceeding $500,000,000 (or, if less, the aggregate amount added back in any prior period, without duplication, pursuant to F above) EBITDAR