AEBITDA definition
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.