Cash Earnings definition

Cash Earnings means the Company’s Net Profit for each Fiscal Quarter, (i) exclusive of any net income as so computed of the Company’s non-United States subsidiaries that has not been distributed by such subsidiaries to the Company or the Company’s United States subsidiaries, (ii) increased by depreciation, amortization, cost recovery allowances and other non-cash charges deducted in determining the Company’s Net Profit, and (iii) decreased by any income or franchise taxes (including without limitation withholding or branch profits taxes on distributions made or deemed made to the Company) imposed on the Company (as distinguished from income taxes imposed on the Members), to the extent not already deducted in computing Net Profit.

Cash Earnings means the (i) base salary payable to a participant by the Company and/or Designated Subsidiary during such individual's period of participation in one or more Offering Periods under the Plan plus (ii) all overtime payments, bonuses, commissions, current profit-sharing distributions and other incentive-type payments. Such Cash Earnings shall be calculated before deduction of (A) any income or employment tax withholdings or (B) any pre-tax contributions made by the participant to any Code Section 401(k) salary deferral plan or any Code Section 125 cafeteria benefit program now or hereafter established by the Company or any corporate affiliate. However, Cash Earnings shall NOT include any contributions (other than Code Section 401(k) or Code Section 125 contributions) made on the participant's behalf by the Company or any corporate affiliate to any employee benefit or welfare plan now or hereafter established.

Cash Earnings in Section 1.1 of the Original Agreement is hereby amended in its entirety to read as follows:

Examples of Cash Earnings in a sentence

• The payroll deduction authorized by the Participant for purposes of acquiring shares of Common Stock during an offering period may be any multiple of one percent (1%) of the Cash Earnings paid to the Participant during each Purchase Interval within that offering period, up to a maximum of fifteen percent (15%).

• The payroll deduction authorized by the Participant for purposes of acquiring shares of Common Stock during an offering period may be any multiple of one percent (1%) of the Cash Earnings paid to the Participant during each Purchase Interval within that offering period, up to a maximum of ten percent (10%).

• Such Cash Earnings shall be calculated before deduction of (A) any income or employment tax withholdings or (B) any pre-tax contributions made by the Participant to any Code Section 401(k) salary deferral plan or any Code Section 125 cafeteria benefit program now or hereafter established by the Corporation or any Corporate Affiliate.

• The payroll deduction authorized by the Participant for purposes of acquiring shares of Common Stock under the Plan may be any multiple of one percent (1%) of the Cash Earnings paid to the Participant during each purchase period, up to a maximum of ten percent (10%).

• The Plan Administrator shall have the discretion, exercisable prior to the start date of any offering period under the Plan, to determine whether the payroll deductions authorized by Participants during such offering period shall be calculated as a percentage of Base Salary or Cash Earnings.

More Definitions of Cash Earnings

Cash Earnings means as of the end of any Fiscal Quarter, Borrower's Consolidated net income for such Fiscal Quarter, minus nonrecurring gains and plus nonrecurring losses for such Fiscal Quarter, plus other non cash charges taken into account in determining such net income, minus any cash dividend that has been declared, has accrued or has been paid on common or preferred stock during such Fiscal Quarter (but in no event shall any such dividend be included more than once for purposes of this definition)."

Cash Earnings means as of the end of any calendar month, Borrower's Consolidated net income for the twelve (12) consecutive calendar months then ended PLUS (i) nonrecurring losses for such calendar month, (ii) other non-cash charges taken into account in determining such net income and (iii) exploration expenses taken into account in determining such net income, but only to the extent that exploration expenses exceed $3,000,000, MINUS (iv) nonrecurring gains taken into account in determining such net income, and (v) any cash dividends that have been declared, accrued or paid (without duplication) on common or preferred stock during such twelve-month period.

Cash Earnings means gross base salary (excluding overtime, commissions, bonuses or other special payments, except to the extent specifically included by the Committee) payable to the Participant by one or more Participating Companies during the individual's period of participation in the Plan.

Cash Earnings means the Company's consolidated, unrestricted cash and cash equivalents at the end of the calendar year, minus

Cash Earnings means at the date of determination for the applicable period an amount equal to:

Cash Earnings means [NTD: TO BE INSERTED].

Cash Earnings means as of the end of any Fiscal Quarter, Borrower's Consolidated net income for for the two consecutive Fiscal Quarters then ended plus Borrower's projected Consolidated net income for the immediately succeeding two Fiscal Quarters as set forth in the cash flow projections delivered to Agent and approved by Majority Lenders in accordance with Section 2.8(b) plus (i) nonrecurring losses taken into account in determining such net income and (ii) exploration expenses taken into account in determining such net income, but only to the extent that exploration expenses exceed $3,000,000, minus (iii) nonrecurring gains taken into account in determining such net income and (iv) any cash dividends that have been declared, accrued or paid (without duplication) on common or preferred stock during such Fiscal Quarter.