Aggregate Cap definition

Aggregate Cap means (x) with respect to any four fiscal quarter period through and including the four fiscal quarter period ended after the consummation of the Empire Acquisition, 20% and (y) thereafter, 15%, in each case, of Consolidated EBITDA for the relevant Test Period (calculated prior to giving effect to any add-backs subject to the Aggregate Cap).

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Aggregate Cap has the meaning set forth in Section 20.1A.

Aggregate Cap means *** U.S. Dollars (U.S.$***).

Examples of Aggregate Cap in a sentence

• If the Aggregate Adjustment Amount exceeds the Aggregate Cap (the amount by which the Aggregate Adjustment Amount exceeds the Aggregate Cap, the “Excess Adjustment Amount”), then (1) RMT Partner shall, in its sole discretion, be entitled to further increase the RMT Partner Special Dividend up to the Excess Adjustment Amount; and (2) the Company shall, in its sole discretion, be entitled to further decrease the amount of the SpinCo Cash Distribution up to the Excess Adjustment Amount.

• If the Aggregate Adjustment Amount exceeds the Aggregate Cap and the sum of (i) the increase in clause (1) of the prior sentence and (ii) the absolute value of the decrease in clause (2) of the prior sentence is less than the Excess Adjustment Amount, then the Exchange Ratio shall not be increased as contemplated by Section 3.1(c)(i), and neither the Company nor RMT Partner shall be obligated to consummate the transactions contemplated to occur at the Closing.

More Definitions of Aggregate Cap

Aggregate Cap means [****].

Aggregate Cap is defined in Section 8.3(c)(i).

Aggregate Cap has the meaning set forth in Section 6.04(b).

Aggregate Cap means 10% of Consolidated EBITDA for the relevant Test Period (calculated prior to giving effect to any add-backs subject to the Aggregate Cap).

Aggregate Cap has the meaning assigned to it in Section 9.2(b).

Aggregate Cap means an amount equal to $2,226,000,000.00.

Aggregate Cap means, in respect of each Warrantor, the amount set out against such Warrantor’s name in column (4) of the table in Schedule 4.