EBITDA Positive definition

EBITDA Positive means that the earnings before interest, taxes, depreciation and amortization, during any such quarter exceeds Expenses for such quarter. “Expenses” mean costs actually paid or accrued in accordance with U.S. GAAP. Buyer shall use all reasonable efforts to cause the Business to become and remain EBITDA Positive, and shall not take any action, or cause or permit to be done any action with the purpose, in part or whole, of avoiding or reducing earn out payments under this Section 1.04(d).
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Examples of EBITDA Positive in a sentence

  • The Company shall not increase the compensation payable in any form to any of its Chief Executive Officer, President and Chief Strategy Officer from the Issuance Date until the EBITDA Positive Quarter has occurred.

  • The Company shall give notice to the holder of the occurrence of the EBITDA Positive Quarter and once it shall have given such notice shall pay the amounts so withheld, without interest, to the respective officers in equal monthly installments during the 12-month period following such EBITDA Positive Quarter so long as such officer continues to be employed by the Company during such 12-month period.

  • If Buyer does not give such an Error Notice, the estimated amount of the EBITDA and the applicable EBITDA Positive Amount or EBITDA Negative Amount notified by Seller under this Section 3.7 shall be the EBITDA and applicable EBITDA Positive Amount or EBITDA Negative Amount, as the case may be, to be applicable under the Purchase Agreement for purposes of the calculation of the Purchase Price payable by Buyer at the Closing Date.

  • The Company shall give notice to the holder of the occurrence of the EBITDA Positive Quarter and once it shall have given such notice shall pay the amounts so withheld, without interest, to the respective officers in equal monthly installments during the 12-month period following such EBITDA Positive Quarter so long as such officer continues be employed by the Company during such 12-month period.

  • The Members may elect to accept a lower earn out payment if the Business fails to be EBITDA Positive, in which case the EBITDA Positive formula will then be re-calculated.

  • Buyer shall use all reasonable efforts to cause the Business to become and remain EBITDA Positive, and shall not take any action, or cause or permit to be done any action with the purpose, in part or whole, of avoiding or reducing earn out payments under this Section 1.04(d).

  • The Company shall use its best efforts to design, develop, manufacture and market the display, subsystem and personal display systems, and focus on funded research business consistent with Company’s business plan in effect on the Issuance Date of Other Notes and shall limit new market business development until the EBITDA Positive Quarter has occurred.