Definition of Consolidated EBITDA. Clause (a) of the definition of “Consolidated EBITDA” contained in Section 1.01 of the Existing Credit Agreement is hereby amended by adding new clauses (viii) and (ix) to the end of such clause (a) to read as follows, and making the appropriate grammatical changes thereto:
Definition of Consolidated EBITDA. The definition of “Consolidated EBITDA” contained in Section 1.01 of the Credit Agreement is hereby amended and restated in its entirety as follows:
Definition of Consolidated EBITDA. The definition of "Consolidated EBITDA" in Section 1.01 of the Existing Agreement shall be amended by (x) deleting the proviso at the end thereof in its entirety and (y) substituting the following therefor: "provided that the Borrower may add back to Consolidated EBITDA any non-cash charges incurred in connection with plant closings, restructurings and downsizings which do not exceed $30,000,000 in the aggregate and any non-cash charges relating to the carrying value of goodwill or deferred tax assets.".
Definition of Consolidated EBITDA. The definition of “Consolidated EBITDA” is hereby amended by (i) inserting the text “and all other non-recurring non-cash charges for such period, to the extent approved by the Administrative Agent, which approval will not be unreasonably withheld” in the sixth line after the text “intangible assets”, (ii) inserting the text “in any such case” after the word “excluding” in the seventh line thereof and (iii) inserting the text “, minus, to the extent included in Consolidated Net Income for such period, all non-recurring non-cash gains for such period.”
Definition of Consolidated EBITDA. Consolidated EBITDA Quarter Ended Quarter Ended Quarter Ended Quarter Ended Twelve Months Ended Consolidated Net Income + Consolidated Interest Charges + federal, state, local and foreign income taxes + depreciation expense + amortization expense + non-cash compensation charges arising from any grant of stock, stock options or other equity-based awards + employee severance and other restructuring charges in connection with the Company’s margin acceleration program8 +/- pro forma adjustments for Acquisitions and Dispositions = Consolidated EBITDA 8 Not to exceed (i) $20 million for the fourth quarter of fiscal year 2015, (ii) $14.8 million for the first fiscal quarter of 2016, (iii) $10.4 million for the second fiscal quarter of 2016, (iv) $5 million for the third fiscal quarter of 2016, and (v) $5 million for the fourth fiscal quarter of 2016. EXHIBIT E
Definition of Consolidated EBITDA. The last sentence in the definition of “Consolidated EBITDA” in Section 1.1 is deleted and the following is inserted in its place: “In addition, the Lenders agree that (i) the Company’s Consolidated EBITDA for Fiscal Year 2004 will be increased by up to $5,900,000 of costs incurred in connection with the closing of six supermarkets, the closing of which was announced by the Company on February 27, 2004, as and when such costs are recorded by the Company, and (ii) the Company’s Consolidated EBITDA for Fiscal Year 2005 will be increased by up to $1,200,000 of costs incurred in connection with the closing of two supermarkets, as and when such costs are recorded by the Company.”
Definition of Consolidated EBITDA. The definition of "CONSOLIDATED EBITDA" in Section 1.01 of the Credit Agreement is amended:
Definition of Consolidated EBITDA. Section 1.1.29 is hereby amended by adding the following at the end: “For the period of July 2014 to October 2014, losses incurred on investments for Maudore Minerals Ltd. shares and receivables in connection with its gold division sale shall be added back to Consolidated EBITDA to a maximum of $1,478,000.”
Definition of Consolidated EBITDA. Section 1.1.29 is hereby amended by deleting it in its entirety and replacing it with the following:
Definition of Consolidated EBITDA. Tyson has also requested that the definition of Consolidated EBITDA be amended to conform to the amendment of such term in the 364-Day Credit Agreement by replacing each reference in the last sentence thereof to "$100,000,000" with a reference to "250,000,000". The effect of this amendment is to increase threshold level for acquisitions or dispositions required to be included in the calculation of Consolidated EBITDA on a pro forma basis from the first day of the calculation period (regardless of when during such period the relevant transaction occurred).
