AEBITDA definition

AEBITDA means Adjusted Earnings Before Interest, Taxes, Depreciation and Amortization as reported by Company in its filings with the Securities and Exchange Commission as adjusted to eliminate foreign exchange impacts and as further adjusted by the Board pursuant to Section 6 hereof.

AI-Powered Contracts

Draft, Review & Redline at the Speed of AI

AEBITDA means earnings before interest, taxes, depreciation and amortization, one-time restructuring costs and non-cash compensation and expenses, with restructuring costs not to exceed $3,000,000 annually and expenses incurred in connection with litigation matters as disclosed in accordance with Section 5.8 not to exceed $3,000,000 annually.

AEBITDA means earnings (or loss) from continuing operations before interest expense, income taxes, depreciation and amortization, and amortization of non-cash stock-based compensation, non-recurring acquisition and restructuring expenses and goodwill impairment charges;

Examples of AEBITDA in a sentence

The AEBITDA Statement shall not be binding upon the Infringed Party if the Infringed Party timely exercises its right to dispute the AEBITDA Statement in accordance with the procedures set forth in Section 4.8(c) below.
If 2020 Adjusted EBITDA is between 2017 Adjusted EBITDA and $250 million, the number of AEBITDA PRSUs that vest shall be determined based on linear interpolation from 0% of the target number of AEBITDA PRSUs if 2020 Adjusted EBITDA equals 2017 Adjusted EBITDA to 100% of the target number of AEBITDA PRSUs if 2020 Adjusted EBITDA equals or exceeds $250 million.
The Applicable Licensee (i) shall make reasonably available to the Infringed Party upon reasonable advance notice prior to the Infringed Party’s acceptance of the AEBITDA Statement any additional financial statements and any work papers that were used by the Applicable Licensee in preparation of the AEBITDA Statement and (ii) shall respond promptly to the Infringed Party’s requests for additional information with respect to the Adjusted EBITDA calculation.
The AEBITDA PRSUs shall be forfeited in their entirety if 2020 Adjusted EBITDA does not exceed 2017 Adjusted EBITDA, and shall vest at target if 2020 Adjusted EBITDA equals or exceeds $250 million.
The Applicable Licensee shall revise the AEBITDA Statement if necessary and as appropriate to reflect the resolution of any objections thereto, if any, pursuant to this Section 4.8(c).
For purposes of determining the vesting of, and the payment, if any, to be made with respect to, the Performance Units, the Performance Units are based on two independent and alternative metrics: (1) AEBITDA, and (2) Stock Price Achievement.
ANNUAL GROWTH will be determined for each fiscal year during the Performance Period by determining the growth in A-EBITDA for the completed fiscal year versus the prior fiscal year’s A-EBITDA, and then measured on the table below to determine the achieved percentage (the “ACHIEVED PERCENTAGE”) for such fiscal year.
Borrower shall maintain a maximum AEBITDA loss of ($500,000) for the quarter ending March 31, 2009, and for each quarter thereafter, a minimum AEBITDA of $1,000,000.
Thereafter, for subsequent fiscal years of the Performance Period, A-EBITDA will be measured on the combined enterprise.
Sellers acknowledge and agree that the achievement of any earn-out amounts pursuant to this Section 2.7 is contingent upon the AEBITDA with respect to Seller’s Operations as a whole after the Closing Date and neither Purchaser nor its Representatives is guaranteeing that any level of AEBITDA will be achieved or that any of the earn-out amounts will be earned by Sellers.

More Definitions of AEBITDA

AEBITDA has the meaning set forth in the AEBITDA Schedule.

AEBITDA for a Measurement Period means (i) earnings before interest, taxes, depreciation and amortization of the Operating Subsidiaries (or such divisions of Purchaser or any such Operating Subsidiaries that operate the applicable Sellers’ Operations after Closing) for such Measurement Period, plus (ii) any Excluded Expenses for such Measurement Period, less (iii) any Excluded Revenues for such Measurement Period. AEBITDA shall be determined in accordance with GAAP, consistently applied

AEBITDA means net income before interest, taxes, depreciation, amortization and stock-based compensation and restructuring costs of the Company; (b) ”Revenue” means annual revenue of the Company; (c) “2024 Revenue” means actual Revenue achieved during the 12 month period from January 1, 2024 to December 31, 2024, as set forth in the Company’s audited year-end financial statements; and (d) “2024 AEBITDA” means actual AEBITDA achieved during the 12 month period from January 1, 2024 to December 31, 2024, as set forth in the Company’s audited year-end financial statements (collectively, the “Target Definitions”). Both Revenue and AEBITDA, and the determination of whether or not the applicable Revenue and AEBITDA targets above have been met will be determined based on the audited financial statements of the Company filed with the Securities and Exchange Commission in the Company’s Annual Report on Form 10-K for the year ended December 31, 2025, and shall be determined on the date such Annual Report on Form 10-K is filed publicly with the Securities and Exchange Commission (the “Date of Determination”). Any Sign-On RSUs or Sign-On Cash Bonus not vested in accordance with the above vesting schedules will be forfeited immediately and not eligible for further vesting as of the date of determinations. Except as provided herein, the Sign-On RSUs will be subject to the provisions of the Company’s 2023 Equity Incentive Plan, as amended and restated from time to time (the “Equity Plan”), and the applicable form of restricted stock unit agreement entered into between the Executive and the Company (the “RSU Award Agreement”).