Net Income Available for Fixed Charges definition

Net Income Available for Fixed Charges for any period means Consolidated Adjusted Net Income during such period plus, to the extent deducted in determining Consolidated Adjusted Net Income, (a) all provisions for any Federal, state or other income taxes made by the Borrower and its Restricted Subsidiaries during such period, and (b) Fixed Charges of the Borrower and its Restricted Subsidiaries during such period.

Net Income Available for Fixed Charges means, for any period, the sum of Consolidated Net Income for such period plus (to the extent included in determining such Consolidated Net Income), (a) all provisions for any Federal, state, provincial or other income taxes made by the Restricted Group during such period, (b) Fixed Charges for such period, (c) all amortization expenses of the Restricted Group and (d) all depreciation of the Restricted Group.

Net Income Available for Fixed Charges means, for any period, (a) -------------------------------------- the net income (or deficit) of the Borrowers and their Restricted Subsidiaries determined on a consolidated basis in accordance with GAAP after eliminating all non-cash or nonrecurring items (whether cash or non-cash and whether or not deemed extraordinary in accordance with GAAP) for such period, plus (b) the sum ---- of the following amounts, in each case to the extent deducted in arriving at the amount determined in accordance with the foregoing subdivision (a): (i) Interest Expense, (ii) provisions for taxes imposed on or measured by income or excess profits, (iii) Operating Lease Rentals accrued (whether or not actually paid), and (iv) provision for depreciation and amortization; provided, however, that in -------- ------- determining the net income (or deficit) of the Borrowers and their Restricted Subsidiaries pursuant to the foregoing subdivision (a) for any period during which JPFDI shall have sold or otherwise disposed of the Xxxxxxx Facility, losses from such sale or other disposition shall be disregarded to the extent the aggregate amount of all such losses (computed without regard to Closing Date Intangibles attributable to such facility) does not exceed $3,300,000 on an after tax basis.

Examples of Net Income Available for Fixed Charges in a sentence

• The Company and its consolidated Subsidiaries shall maintain a ratio, without duplication, of Consolidated Net Income Available for Fixed Charges to Consolidated Fixed Charges of at least 2.25 to 1.00 for the most recently-ended period of four fiscal quarters for which financial statements were required to be delivered, commencing with the fiscal quarter ended as of March 31, 2018 through the Availability Period.

• Maintain at the end of each fiscal quarter a ratio of Net Income Available for Fixed Charges to Fixed Charges for the 4 consecutive quarters then ending of not less than 1.50 to 1.00.

• The Company and its consolidated Subsidiaries shall maintain a ratio, without duplication, of Consolidated Net Income Available for Fixed Charges to Consolidated Fixed Charges of at least 1.75 to 1.00 for the most recently-ended period of four fiscal quarters for which financial statements were required to be delivered, commencing with the fiscal quarter ended as of September 30, 2013 through the Availability Period.

• Borrower will not permit, as at the end of each fiscal quarter, the ratio of Net Income Available for Fixed Charges (as defined in the Note Agreement) to Fixed Charges (as defined in the Note Agreement) for the period of four consecutive fiscal quarters then ending to be less than 1.50 to 1.00.

• The Company shall not at any time permit the ratio of Consolidated Net Income Available for Fixed Charges (calculated in respect of the period of eight (8) consecutive fiscal quarters of the Company then most recently ended) to Consolidated Fixed Charges (calculated in respect of such period) to be less than (a) 1.00 to 1.00 during the Suspension Period and (b) 1.50 to 1.00 at all times after the Suspension Period.

More Definitions of Net Income Available for Fixed Charges

Net Income Available for Fixed Charges means, as of the date of any determination thereof, the sum of the following for the twelve (12) full consecutive calendar months immediately preceding such date of determination:

Net Income Available for Fixed Charges contained in Section 1.01 of the Credit Agreement is hereby amended to read as follows:

Net Income Available for Fixed Charges for any period shall mean the sum of (a) Consolidated Net Income during such period plus (b) (to the extent taken into account in determining Consolidated Net Income), all provisions for any foreign, Federal, state or other income taxes made by the Company and its Subsidiaries during such period plus (c) Fixed Charges (to the extent taken into account in determining Consolidated Net Income) during such period, plus (d) (to the extent taken into account in determining Consolidated Net Income) in the case of the period of time prior to October 2, 1998, special charges not to exceed $5,000,000 taken in respect of certain distribution center closings and, if Uwatec A.G. is acquired, certain plant closings, in each case during such period.

Net Income Available for Fixed Charges for any period shall mean the sum of (a) Consolidated Net Income during such period plus (to the extent deducted in determining Consolidated Net Income), (b) all provisions for any Federal, state or other income taxes made by the Company and its Restricted Subsidiaries during such period, plus (c) Fixed Charges during such period, plus (d) in the case of any fiscal quarter ending on or before October 2, 1998, special charges not to exceed $5,000,000 taken in respect of the closing of certain distribution centers, and, if Uwatec A.G. is acquired, the closing of certain plants, during such period.

Net Income Available for Fixed Charges for any period means Consolidated Adjusted Net Income during such period plus, to the extent deducted in determining Consolidated Adjusted Net Income, (a) all provisions for any Federal, state or other income taxes made by the Borrower and its Restricted Subsidiaries during such period, (b) Fixed Charges of the Borrower and its Restricted Subsidiaries during such period, (c) depreciation, amortization and non-cash share based compensation expenses during such period and (d) positive or negative non-cash

Net Income Available for Fixed Charges means, for any period, the sum of (i) consolidated Net Income of the Company and its Subsidiaries during such period plus (ii) to the extent deducted in determining Net Income, all provisions for all federal, state or other income taxes made by the Company and its Subsidiaries during such period plus (iii) consolidated Fixed Charges of the Company and its Subsidiaries during such period.

Net Income Available for Fixed Charges means, for any period, --------------------------------------- net income (or net deficit, as the case may be) before taxes for such period, as determined in accordance with generally accepted accounting principles consistent with those applied in the preparation of the financial statements referred to in Section 4.01(e), plus amounts which, in the determination of net income for such period, have been deducted for (i) the items referred to in the definition of "Fixed Charges" in this Section 1.01, (ii) depreciation, (iii) in the case of any such period that includes the month of April 1992, the $50,000,000 special provision which was established by the Borrower in the third quarter of Fiscal Year 1992, (iv) in the case of any such period that includes the fiscal month ending May 2, 1993 (A) the cumulative effect through May 2, 1993 of the accounting changes adopted by the Borrower, effective as of August 1, l992, as described in the Borrower's Form 10-Q filed with the Securities and Exchange Commission for third Fiscal Quarter 1993, and (B) the provisions and charges, not in excess of $38 million in the aggregate, established by the Borrower in the third Fiscal Quarter of Fiscal Year 1993, (v) non-cash expenses, in an amount not to exceed $10 million in the aggregate from November 1, 1995 through the Termination Date, that are incurred by Borrower in connection with one or more exchanges by Borrower of shares of its common stock for all or any portion of Borrower's Convertible Subordinated Notes due 2004 or Borrower's Convertible Subordinated Debentures due 2012 and (vi) non-cash expenses, in an amount not to exceed Six Million Dollars ($6,000,000), incurred by the Borrower in connection with the sale of Xxxx Credit Corporation."