Earned Equity definition

Earned Equity means, as of the last day of each calendar quarter, in respect of each Business pursuant to which Borrower has acquired Pledged Assets (other than Pledged Assets acquired by Borrower during such calendar quarter), the result of the (a)(i) aggregate EBITDA for the related Testing Period of all such Businesses as of the last day of such calendar quarter minus (ii) aggregate EBITDA for the related Testing Period of all such Businesses as of the end of the calendar quarter immediately preceding such calendar quarter, multiplied by (b) the lesser of (1)(i) the aggregate Underlying Business Purchase Price of all such Businesses divided by (ii) aggregate Underlying Business Purchase Price EBITDA of all such Businesses and (2) 4.00.
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Examples of Earned Equity in a sentence

  • The Additional Earned Equity Referee shall render a written report detailing the basis for and assumptions used in reaching his or her determination.

  • Rentech will consult with Peabody in good faith in the evaluation of the tax structuring for the purpose of minimizing Peabody’s federal taxes in the Additional Earned Equity; provided, however, the Parties acknowledge and agree that the ultimate structure shall be determined by Rentech in its sole discretion.

  • As an alternative to termination for not meeting Sales Performance Goals as stated here, Supplier may in its sole discretion convert the License granted by this Agreement by Supplier to Distributor from an Exclusive License to a Non-Exclusive License, and/or discontinue the Earned Equity participation of Distributor.

  • If Rentech fails to deliver an Objection Notice to Peabody within such fifteen (15)-day period, Rentech shall be deemed to have concurred with the Additional Earned Equity Statement and its calculation of the related Peabody Cost Savings shall become final and binding on all Parties.

  • The Additional Earned Equity Referee shall act as an expert and not as an arbitrator, and shall resolve only matters in dispute.

  • Harriscope does -------------------------------- not own, directly or indirectly, any capital stock of any corporation or have any direct or indirect equity or ownership interest of any kind in any Person, other than the ▇▇▇▇▇▇▇▇▇▇.▇▇▇ Preclosing Earned Equity.

  • The opinion of the Additional Earned Equity Referee of the amount of the Additional Earned Equity shall be final and binding absent manifest error or fraud.

  • The costs of the Additional Earned Equity Referee shall be borne equally by Rentech and Peabody.

  • If Rentech and Peabody come to a resolution regarding the Additional Earned Equity Statement, such resolution shall be binding on all Parties, and no Party shall raise any objection thereto.

  • The Additional Earned Equity Referee shall be given copies of this Agreement and amendments hereto, if any, and shall be entitled to consider the provisions of this Agreement along with any other factors he or she may deem appropriate in reviewing the Additional Earned Equity Statement.