EBITDA Test definition
Examples of EBITDA Test in a sentence
Thereafter, not later than the twentieth (20th) day of each month after the month in which this Agreement is executed, the Company shall furnish Parent with the calculation of the Hospital-Level EBITDA for the applicable Hospital-Level EBITDA Test Period.
If the consolidated EBITDA of the Subsidiaries for the full fiscal year ended June 25, 2005 (the “2005 EBITDA”) is determined pursuant to this Section 2.11 to be at least $14,280,000, Seller shall be entitled to payment from escrow under the EBITDA Test Escrow Agreement of $7,000,000 of the EBITDA Test Escrow Amount plus all accrued interest or other income earned on such portion of the EBITDA Test Escrow Amount.
If Seller fails to deliver an EBITDA Test Stock Notice within such 10 business day period or if Seller notifies the Company within such 10 business day period that it will not deliver an EBITDA Test Stock Notice, then the Company shall make the Contingent Payment in cash to Seller pursuant to subparagraph (i) above.
Holder desires to waive the increase in the Dividend Rate with respect to the Dividend Period ending on December 30, 2004 as a result of the EBITDA Test Failure for the September 30, 2004 Dividend Payment Date.
For each fiscal quarter the Notes are outstanding, the Issuer shall not permit the EBITDA to be less than the EBITDA Floor, and a Responsible Officer shall certify to the Holders, within 45 days of the end of each quarter, that the Minimum EBITDA Test has been met.
The Company agrees that if Executive receives any form of non-cash compensation under (b) above and the EBITDA Test mutually agreed upon by the parties is not satisfied, the Company shall make a loan to Executive in an amount sufficient to pay Executives federal income tax, state income tax and employment tax, using Executives highest marginal tax rates with an interest rate equal to the applicable federal rate for determining imputed income.
The Borrower will maintain a Consolidated EBITDA of at least the amount set forth below for the Test Period ending on each date listed below: Minimum EBITDA Test Period ($ Thousands) ----------- ------------- March 31, 1998 .
Based on the EBITDA Certificate, Holder hereby waives, for all purposes under the Articles, any increase in the Dividend Rate with respect to the Dividend Period ending on December 30, 2004 as a result of the EBITDA Test Failure for the September 30, 2004 Dividend Payment Date.
Buyer shall calculate the Extended Nektar EBITDA as soon as practicable (and in any event within fifteen (15) days) following the end of each monthly period ending on or before the Extended Nektar EBITDA Test Termination Date.
The Borrower will maintain a Consolidated EBITDA of at least the amount set forth below for the Test Period ending on each date listed below: Minimum EBITDA Test Period ($ Millions) ----------- ------------ September 30, 1997 ......................