Consolidated or consolidated. With reference to any term defined herein, shall mean that term as applied to the accounts of the Borrower and its Subsidiaries, consolidated in accordance with GAAP.
Consolidated or consolidated. With reference to any term defined herein, shall mean that term as applied to the accounts of MCRC and its subsidiaries (including the Borrower and its Subsidiaries) or MCRLP and its subsidiaries, as the case may be, consolidated in accordance with GAAP, excluding the effects of consolidation of investments in non-wholly owned subsidiaries under Accounting Standard Codification 810 of the Financial Accounting Standards Board. Consolidated Adjusted Net Income. For any period, an amount equal to the consolidated net income of MCRC, the Borrower and their respective Subsidiaries for such period, as determined in accordance with GAAP, before (a) gains (or losses) from the sale of real property or interests therein, debt restructurings, extinguishment or forgiveness of debt, write-ups or write-downs, deduction of acquisition costs for consummated acquisitions, non-cash valuation charges and other extraordinary or non-recurring items, (b) minority interests of said Persons in other Persons and (c) income taxes; plus (w) interest expense, (x) depreciation and amortization, (y) the noncash portion of executive stock award rights and stock purchase rights included in written executive employment agreements, written employee plans or other written non-monetary employment compensation provisions, and (z) certain non-recurring cash payments made pursuant to certain written employment agreements, written employee plans or other written employment compensation provisions with key management individuals existing as of the date hereof and described on Schedule EMPL hereto and their successors (as such agreements, plans and provisions may be amended from time to time) in an amount not to exceed $20,000,000 in the aggregate during any fiscal year; minus a recurring capital expense reserve in an amount equal to (x) in the case of office, office-flex and industrial properties, one and one-half percent (1.5%) of consolidated total revenue (excluding interest income) of MCRC, the Borrower and their respective Subsidiaries and (y) in the case of multi-family residential properties, $250 per apartment unit for each fiscal year; all after adjustments to eliminate the effect of the straight-lining of rents; and all after adjustments for unconsolidated partnerships, joint ventures and other entities. Consolidated Capitalized NOI. As of any date of determination, an amount equal to Revised Consolidated Adjusted Net Income for the most recent two (2) completed fiscal quarters multipli...
Consolidated or consolidated. With reference to any term defined herein, shall mean that term as applied to the accounts of the Borrower and all of its Subsidiaries, consolidated in accordance with generally accepted accounting principles. CONSOLIDATED CASH FLOW. For any period, the sum of (a) the Consolidated Net Income of the Borrower and its Subsidiaries for such period, MINUS (b) Tax Distributions made and cash taxes paid during such period, PLUS (c) to the extent deducted in the calculation of Consolidated Net Income, depreciation and amortization for such period, PLUS (d) Consolidated Total Interest Expense for such period, PLUS (e) to the extent deducted in the calculation of Consolidated Net Income, income tax expense for such period, PLUS (f) income of a non-wholly-owned Subsidiary of the Borrower which is properly attributable to minority interest and which has been deducted in the calculation of Consolidated Net Income but which has not been distributed by such Subsidiary, PLUS (g) to the extent deducted in the calculation of Consolidated Net Income and without duplication, other non-cash charges, if any, for such period, MINUS (h) the aggregate amount of Maintenance Capital Expenditures made during such period, PLUS (i) to the extent deducted in the calculation of Consolidated Net Income and without duplication, nonrecurring noncapitalized transaction expenses relating to the Repurchase and the transactions contemplated hereby. CONSOLIDATED EBITDA. For any period, the sum of (a) the Consolidated Net Income of the Borrower and its Subsidiaries for such period, PLUS (b) income of a non-wholly-owned Subsidiary of the Borrower which is properly attributable to minority interest and which has been deducted in the calculation of Consolidated Net Income but which has not been distributed by such Subsidiary, PLUS (c) Consolidated Total Interest Expense for such period, PLUS (d) to the extent deducted in the calculation of Consolidated Net Income, income tax expense for such period, PLUS (e) to the extent deducted in the calculation of Consolidated Net Income, depreciation and amortization for such period, PLUS (f) to the extent deducted in the calculation of Consolidated Net Income and without duplication, other non-cash charges of the Borrower and its Subsidiaries for such period PLUS (g) to the extent deducted in the calculation of Consolidated Net Income and without duplication, nonrecurring noncapitalized transaction expenses relating to the Repurchase and the transactions cont...
Consolidated or consolidated. With reference to any term defined herein, shall mean that term as applied to the accounts of the Borrower and its Subsidiaries, consolidated in accordance with Generally Accepted Accounting Principles.
Consolidated or consolidated. With reference to any term defined herein, shall mean that term as applied to the accounts of CAI and its Subsidiaries, consolidated in accordance with GAAP. Consolidated EBITDA. With respect to any fiscal period, an amount equal to the sum of (a) Consolidated Net Income (or Deficit) of CAI and its Subsidiaries for such fiscal period, plus (b) in each case to the extent deducted in the calculation of such Person’s Consolidated Net Income and without duplication, (i) depreciation and amortization for such period, plus (ii) income tax expense for such period, plus (iii) Consolidated Total Interest Expense paid or accrued during such period, plus (iv) other noncash charges for such period, plus (c) principal payments received by CAI or any of its Subsidiaries during such period with respect to Direct Finance Leases, all as determined in accordance with GAAP.
Consolidated or consolidated. With reference to any term defined herein, shall mean that term as applied to the accounts of the Borrowers consolidated in accordance with GAAP.
Consolidated or consolidated. With reference to any term defined herein, shall mean that term as applied to the accounts of the Transaction Parties, consolidated in accordance with generally accepted accounting principles.
Consolidated or consolidated. With reference to any term defined herein, shall mean that term as applied to the accounts of CAI and its Subsidiaries, consolidated in accordance with GAAP.
Consolidated or consolidated. With reference to any term defined herein, shall mean that term as applied to the accounts of CompuDyne and its Subsidiaries, consolidated in accordance with generally accepted accounting principles. Consolidated Cash Flow. ---------------------- With respect to any fiscal period, an amount equal to the sum of Consolidated Net Income for such fiscal period plus depreciation and all other noncash charges made in calculating Consolidated Net Income, all as determined on a consolidated basis in accordance with generally accepted accounting principles. Consolidated Financial Obligations. ---------------------------------- With respect to any fiscal period, an amount equal to the sum of all payments on Indebtedness that become due and payable or that are to become due and payable during such fiscal period pursuant to any agreement or instrument to which CompuDyne or any of its Subsidiaries is a party relating to the borrowing of money or the obtaining of credit or in respect of Capitalized Leases. Demand obligations shall be deemed to be due and payable during any fiscal period during which such obligations are outstanding. Consolidated Net Income (or Deficit). ----------------------------------- The consolidated net income (or deficit) of CompuDyne and its Subsidiaries, after deduction of all expenses, taxes, and other proper charges, determined in accordance with generally accepted accounting principles, after eliminating therefrom all extraordinary nonrecurring items of income. Credit Agreement. ---------------- This Credit Agreement, including the Schedules and Exhibits hereto. Current Assets. -------------- All assets of CompuDyne and its Subsidiaries on a consolidated basis that, in accordance with generally accepted accounting principles, are properly classified as current assets, provided that (a) notes and accounts receivable shall be included only if good and collectible as determined by the Borrowers in accordance with established practice consistently applied and, with respect to such notes, only if payable on demand or within one year from the date as of which Current Assets are to be determined and if not directly or indirectly renewable or extendible at the option of the debtors, by their terms, or by the terms of any instrument or agreement relating thereto, beyond such year, and, with respect to such accounts receivable, only if payable and outstanding not more than 90 days after the date of the shipment of goods or other transaction out of whi...
Consolidated or consolidated. With reference to any term defined herein, shall mean that term as applied to the accounts of BGI and its Subsidiaries, consolidated in accordance with GAAP. Consolidated EBITDA. With respect to any period, an amount equal to the sum of (a) Consolidated Net Income of BGI and its Subsidiaries for such period (excluding (i) all extraordinary nonrecurring items of income, but not losses (except to the extent (x) such extraordinary cash losses are offset by extraordinary cash income or (y) such extraordinary non-cash losses are offset by extraordinary non-cash income) and (ii) income or loss of any Joint Venture to which BGI or any of its Subsidiaries is a party to the extent such income or loss would otherwise have been included in Consolidated Net Income), plus (b) in each case to the extent deducted in the calculation of such Person’s Consolidated Net Income and without duplication, (i) depreciation and amortization for such period, plus (ii) income tax expense for such period, plus (iii) Consolidated Total Interest Expense paid or accrued during such period, all as determined in accordance with GAAP, provided, however, that there shall be excluded in calculating Consolidated Net Income for purposes of this definition any losses attributable to the use of a fair value methodology for recognition and measurement of impairment of goodwill not identified with impaired assets in accordance with Accounting Principles Board Opinion No. 142.
