EBITDA of $ Clause Samples

EBITDA of $. [$XXXXXXXX] (the “2010 EBITDA Target”) — The Company EBITDA Bonus will be earned if the Company achieves a minimum EBITDA for Fiscal 2010 equal to the 2010 EBITDA Target, in accordance with and subject to the following. None of the Company EBITDA Bonus will be earned if the Company achieves EBITDA for Fiscal 2010 equal to or less than 90% of the 2010 EBITDA Target. If the Company achieves EBITDA for Fiscal 2010 greater than 90% and less than or equal to 100% of the 2010 EBITDA Target, then the percentage of the Company EBITDA Bonus earned will equal approximately (i) 10, times (ii) a percentage equal to (a) the actual amount of EBITDA for Fiscal 2010 divided by the 2010 EBITDA Target, minus (b) 0.9. If the Company achieves EBITDA for Fiscal 2010 in excess of 100% of the 2010 EBITDA Target, then the percentage of the Company EBITDA Bonus earned will equal 100% plus an amount (the “Additional Company EBITDA Bonus”) equal to 6.8% of the Company EBITDA Bonus for every .1% by which the EBITDA for Fiscal 2010 exceeds the 2010 EBITDA Target. For purposes of this paragraph, EBITDA shall mean net profit before taxes, interest expense (net of capitalized interest expense), depreciation expense and amortization expense, all in accordance with GAAP, excluding stock-based compensation expense, incentive compensation expense, cumulative effect of accounting changes and one-time, nonrecurring items; provided, however, that for purposes of calculation of the Additional Company EBITDA Bonus, EBITDA shall be adjusted for the amount of any Additional Company Revenue Bonus and Additional Company EBITDA Bonus payable under this Agreement or any other compensation agreement between the Company and an executive officer.