Audited EBITDA definition
Examples of Audited EBITDA in a sentence
The Actual Payment Amount shall be equal to nine (9) times the average of (i) the Audited EBITDA for the fiscal year ended December 31, 2000 and (ii) the Audited EBITDA for the fiscal year ending December 31, 2001, as adjusted for any reconciliation of the Purchase Price Reduction or Purchase Price Increase, as the case may be, under Section 3 below.
If any unresolved objections are submitted to an accounting firm for resolution as provided above, the fees and expenses of such accounting firm shall be borne (i) by Maker, in the event such accounting firm determines that the Audited EBITDA is 100% or more of the amount calculated by Maker, or (ii) by Holder, in the event such accounting firm determines that the Audited EBITDA is less than 100% of the amount calculated by Maker.
The Audited EBITDA shall be used to recalculate the Adjusted Base Salary and Bonus.
For purposes of this Section IV, if Holder has any objection to the Audited EBITDA, as calculated by Maker for any Calculation Period, Holder shall deliver to Maker a detailed statement describing Holder’s objections within 30 days after receiving the Audited EBITDA (and if Holder does not object within such 30-day period, then Holder shall be deemed to have accepted the Audited EBITDA as calculated by Maker for such Calculation Period).
So long as the PCF Investors collectively beneficially own, in the aggregate, at least fifty percent (50%) of the total number of Initially Issued Shares, without the approval of the Majority PCF Investors, the Company shall not, and shall cause its subsidiaries not to, incur any additional indebtedness for borrowed money that would result in the Company’s and its subsidiaries’ aggregate indebtedness exceeding an amount equal to seven times (7x) the most recent Audited EBITDA.