Testing Period means, with respect to a PARTICIPANT, the period of consecutive years (not exceeding five) of SERVICE during which the PARTICIPANT had the greatest aggregate compensation from the EMPLOYER. The testing period shall not include any year of SERVICE not included as a year of SERVICE as defined in paragraph (4) below. The testing period shall also not include any year of SERVICE that ends in a PLAN YEAR beginning before January 1, 1984 or during which the PLAN was not a top-heavy plan.
Testing Period means, for each unit of the Facility, the period commencing on the date on which, in the opinion of Seller and as set forth in a certificate to be delivered by Seller to Purchaser, such unit is capable of producing energy for sale to Purchaser (whether or not Purchaser has completed construction of the interconnection described in Section 8.2) and ending on the Commercial Operation Date for such unit.
Testing Period means (a) for any determination made during the -------------- period from and including Closing Date through fiscal quarter ending March 31, 2002, a single period consisting of the fiscal quarter of Lessee last ended, utilizing annualized results for the period from and including the Closing Date through such fiscal quarter end, and (b) for any determination made from and including April 1, 2002, and at all times thereafter, a single period consisting of the four consecutive fiscal quarters of Lessee then last ended (whether or not such quarters are all within the same fiscal year); provided, however, that -------- ------- if a particular provision of the Revolver indicates that a Testing Period shall be a different specified duration, such Testing
Testing Period means for any calendar week (the “subject week”) with respect to which compliance with Section 5.04(c) is being calculated, the period commencing with the first day of the first calendar week of the DIP Budget and ending with the last day of such subject week.
Testing Period means the period from the Closing Date until the date upon which the earliest of the following shall have occurred: (a) delivery of the financial statements in accordance with Section 5.1(a) and (b) demonstrating Consolidated EBITDA for the last twelve-month period then ended of at least $40,000,000, (b) the Borrower having issued and received the proceeds of equity securities or convertible securities of at least $50,000,000 in the aggregate or (c) the Term Loan having been repaid in full.
Testing Period means (i) for determinations made with reference to any period ended December 31, 1998, or earlier, amounts determined on an annualized basis based on the fiscal year to date through the fiscal quarter then last ended, and (ii) for any determinations made thereafter a single period consisting of the four consecutive fiscal quarters of the Borrower then last ended (whether or not such quarters are all within the same fiscal year), except that if a particular provision of this Agreement indicates that a Testing Period shall be of a different specified duration, such Testing Period shall consist of the particular fiscal period or periods of the Borrower then last ended which are so indicated in such provision.
Testing Period means a period (a) commencing on the date (i) when Availability has been, for 3 consecutive Business Days including such date, less than the Availability Limit or (ii) on which Availability is less than $20,000,000, and (b) continuing until the date when Availability has been, for 20 consecutive calendar days including such date, greater than $35,000,000.