Negative EBITDA Sample Clauses

Negative EBITDA. From January 1, 1998 to December 31, 1998, the Borrower's cumulative negative EBITDA shall not exceed $5,000,000, and during the period from January 1, 1998 through December 31, 1999 cumulative negative EBITDA of Borrower shall not exceed $7,000,000.
Sample 1
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Negative EBITDA. UPCF agrees that negative EBITDA attributable to New Services shall not exceed Euro 50,000,000 in aggregate for the period from 30 June 1999 to 30 June 2001 unless funded by UPC by means of a new cash Subordinated Shareholder Loan or by a cash subscription for equity share capital of UPCF which Subordinated Shareholder Loan or subscription for equity share capital is made no later than 45 days after the date on which such limit was exceeded.
Sample 1
Negative EBITDA. Section 6.01(c) of the Credit Agreement is hereby amended to read in its entirety as follows:
Sample 1
Negative EBITDA. During the period from January 1, 1998 through the Financial Covenant Date cumulative negative EBITDA of the Borrower at the end of any fiscal quarter shall not exceed $35,000,000."
Sample 1
Negative EBITDA. During the period from January 1, 1998 through December 31, 2000 cumulative negative EBITDA of the Borrower at the end of any fiscal quarter shall not exceed the sum of (i) $7,000,000 and (ii) an amount, not to exceed $8,000,000, which is equal to the amount by which the aggregate principal amount of unsecured Indebtedness of the Borrower to SDI outstanding at the end of such quarter (or, in the case of the quarter ending June 30, 1999, outstanding on July 31, 1999) as a result of advances by SDI in accordance with Section 6.03 (h) hereof exceeds $10,000,000; provided, that if, on any date in any fiscal quarter commencing with the fiscal quarter in which the Preliminary Acceptance Date occurs, the amount of unsecured Indebtedness to SDI outstanding in accordance with Section 6.03 (h) hereof is less than $25,000,000, the maximum amount of cumulative negative EBITDA (the EBITDA Cap") permitted by the preceding terms of this Section 6.01 (c) at the end of such quarter will be reduced by an amount equal to (A) the difference between $25,000,000 and the principal amount of such unsecured Indebtedness to SDI outstanding at the end of such quarter minus amounts by which the EBITDA Cap previously has been so reduced under this proviso divided by (B) four minus the number of fiscal quarters in which the EBITDA Cap previously has been so reduced. In the event that the amount of such unsecured Indebtedness to SDI increases subsequent to one or more such reductions to the EBITDA Cap, the amount of such increase shall be restored to the EBITDA Cap on a one-for-one basis up to the amount of such previous reductions. In no event shall the EBITSA Cap be reduced below $7,000,000.
Sample 1
Negative EBITDA. As of June 30, 2001, as of the last day of the fiscal quarter immediately preceding the quarter in which the Keep Well Period Termination Date occurs (unless the Keep Well Period Termination Date is July 1, 2002) and as of the last day of the fiscal quarter in which the Keep Well Period Termination Date occurs, cumulative negative EBITDA of the Borrower for the period from January 1, 1998 through such date shall not exceed $37,500,000.
Sample 1
Negative EBITDA. Permit EBITDA as of the end of any Measurement Period to be less than $0.00. All Guaranties and other Indebtedness permitted pursuant to Sections 7.02(e), 7.02(g), and 7.02(h) shall be excluded from the calculation of this financial covenant at all times that such Indebtedness remains contingent and which are not letters of credit (including any Letters of Credit issued by the Lender) or reflected as liabilities on Borrower’s balance sheet in accordance with GAAP.
Sample 1
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Related to Negative EBITDA

  • Minimum Consolidated EBITDA (a) The Borrower will not permit Consolidated EBITDA (i) for the Borrower's fiscal quarter ending closest to June 30, 1997 to be less than $2,500,000 and (ii) for any Test Period ending on the last day of a fiscal quarter of the Borrower set forth below to be less than the amount set forth opposite such fiscal quarter below: Fiscal Quarter Ending Closest To Amount ----------------- ------ September 30, 1997 $5,000,000 December 31, 1997 $5,000,000 March 31, 1998 $5,000,000 June 30, 1998 $5,000,000 September 30, 1998 $5,000,000 December 31, 1998 $5,000,000 March 31, 1999 $5,000,000 June 30, 1999 $5,000,000 -64- September 30, 1999 $ 5,000,000 December 31, 1999 $ 5,000,000 March 31, 2000 $ 5,000,000 June 30, 2000 $10,000,000 September 30, 2000 $15,000,000 December 31, 2000 $15,000,000 March 31, 2001 $15,000,000 June 30, 2001 $15,750,000 September 30, 2001 $16,500,000 December 31, 2001 $16,500,000 March 31, 2002 $16,500,000 June 30, 2002 $16,500,000

  • Adjusted EBITDA The 2019 adjusted EBITDA for the Affiliated Club Sellers shall total an aggregate of not less than $10,700,000.

  • EBITDA The term “EBITDA” shall mean, with respect to any fiscal period, “Consolidated EBITDA” as defined in the Credit Agreement, provided that the following should also be excluded from the calculation of EBITDA to the extent not already excluded from the calculation of Consolidated EBITDA under the Credit Agreement: (i) Non-Cash Charges (as defined in the Credit Agreement) related to any issuances of equity securities; (ii) fees and expenses relating to the Acquisition; (iii) financing fees (both cash and non-cash) relating to the Acquisition; (iv) covenant-not-to-compete payments to certain members of the Company’s senior management and related expenses; (v) expenses (or any portion thereof) incurred outside of the ordinary course of business that are approved by the Board which the Board determines in its good faith discretion are in the best interest of the Company but which will have a disproportionately adverse impact on the Company’s short term financial performance, affecting the Company’s ability to achieve financial targets related to the vesting of the Class C Units under the Incentive Unit Subscription Agreements or the Company’s annual bonus plan; (vi) costs and expenses incurred in connection with evaluating and consummating acquisitions not contemplated by the Company’s annual plan, as such plan is approved by the Board in good faith; (vii) related party expenditures that are subject to the prior written consent of the Majority Executives pursuant to Section 2.3(a) of the Securityholders Agreement but have failed to receive such consent; (viii) advisors’ fees and expenses incurred outside the ordinary course of business related solely to Vestar’s activities that are unrelated to the Company; (ix) costs associated with any put option or call option contemplated by any Rollover Subscription Agreement or Incentive Unit Subscription Agreement; (x) costs associated with any proposed initial Public Offering or Sale of the Company (as such terms are defined in the Securityholders Agreement); (xi) expenses related to any litigation arising from the Acquisition; (x) management fees and costs related to the activities giving rise to such fees that are paid to, paid for or reimbursed to Vestar and its Affiliates; and (xii) material expenditures or incremental expenditures inconsistent with prior practice (to the extent that prior practice is relevant) required by Board (where Management Managers (as defined in the Securityholders Agreement) unanimously dissent) unless such expenditures are reasonably likely to result in any benefit (whether economic or non-economic) to the Company as determined by the Board in its good faith discretion.

  • Minimum Adjusted EBITDA As of any date of determination from and after April 1, 2008, if Borrowers do not have Net Debt in an amount less than $4,000,000 at all times during the most recently completed fiscal quarter, then Borrowers shall not fail to achieve Adjusted EBITDA, measured on a quarter-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto (and the failure to do so shall be deemed an Event of Default): Applicable Amount Applicable Period $(1,234,000) For the 3 month period ending March 31, 2008 $(1,246,000) For the 6 month period ending June 30, 2008 $(200,000) For the 9 month period ending September 30, 2008 $(839,000) For the 12 month period ending December 31, 2008 $(750,000) For the 12 month period ending March 31, 2009 17 Applicable Amount Applicable Period $(500,000) For the 12 month period ending June 30, 2009 $(150,000) For the 12 month period ending September 30, 2009 $150,000 For the 12 month period ending December 31, 2009 $350,000 For the 12 month period ending March 31, 2010 $550,000 For the 12 month period ending June 30, 2010 $750,000 For the 12 month period ending September 30, 2010 $950,000 For the 12 month period ending December 31, 2010 and for each 12 month period ending as of the last day of each fiscal quarter thereafter

  • Maximum Total Leverage Ratio Permit the Total Leverage Ratio of Borrower on a Consolidated Basis, measured for each period of four consecutive fiscal quarters, on the last day of each fiscal quarter (each a “Measurement Date”), to be greater than the ratio set forth below for the corresponding period at any time: Period Ratio Closing Date through September 30, 2017 5.00:1.00 December 31, 2017 through March 31, 2018 4.75:1.00 June 30, 2018 through September 30, 2018 4.50:1.00 December 31, 2018 through March 31, 2019 4.25:1.00 June 30, 2019 and thereafter 4.00:1.00

  • Cash Flow Leverage Ratio The Borrower will not permit the Cash Flow Leverage Ratio on the last day of any fiscal quarter to exceed 3.50 to 1.00.

  • Consolidated EBITDA With respect to any period, an amount equal to the EBITDA of Borrower and its Subsidiaries for such period determined on a Consolidated basis.

  • Maximum Consolidated Leverage Ratio The Consolidated Leverage Ratio at any time may not exceed 0.75 to 1.00; and

  • Funded Debt to EBITDA Section 10.2 of the Loan Agreement is hereby amended and restated in its entirety to read as follows:

  • Total Net Leverage Ratio Maintain as of the end of each fiscal quarter, a Total Net Leverage Ratio for Quantum and its Subsidiaries, on a consolidated basis, of not greater than the ratio set forth below for each four (4) consecutive fiscal quarter period then ended set forth below: Fiscal Quarter Ending Maximum Total Net Leverage Ratio September 30, 2021 4.25:1.00 December 31, 2021 4.25:1.00 March 31, 2022 Not Tested June 30, 2022 3.50:1.00 September 30, 2022 3.50:1.00 December 31, 2022 3.50:1.00 March 31, 2023 3.50:1.00 June 30, 2023 3.00:1.00 September 30, 2023 3.00:1.00 December 31, 2023 3.00:1.00 March 31, 2024 3.00:1.00 June 30, 2024 3.00:1.00 September 30, 2024 3.00:1.00 December 31, 2024 3.00:1.00 March 31, 2025 3.00:1.00 June 30, 2025 3.00:1.00 December 31, 2025 and each fiscal quarter ending thereafter 3.00:1.00”

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