Actual EBITDA has the meaning set forth in the Credit Agreement dated as of July 30, 2004 by and among Foundation PA Coal Company, as borrower, FC 2 Corp. and Foundation Coal Corporation, as guarantors, and the lenders named therein as in effect on the date hereof.

Actual EBITDA means, for any fiscal year of the Company, the EBITDA of the Company and its consolidated subsidiaries for such fiscal year as reflected on the Company’s financial statements for such fiscal year; and (iii) “Budgeted EBITDA” shall mean, for any fiscal year of the Company, the EBITDA for the Company and its consolidated subsidiaries for such fiscal year set forth in the budget for such fiscal year adopted by the Board.

Actual EBITDA means the Consolidated EBITDA of the Company and its Subsidiaries for any particular four fiscal quarter period, derived from the Company's consolidated financial statements for such four fiscal quarter period certified by the Company's chief financial officer.

Examples of Actual EBITDA in a sentence

Milestones: Actual EBITDA as a % of the approved budgetVariable Compensation PayableLess than 80% of the budgetNilBetween 80% and 90% of the budget0.5% of the EBITDABetween 90% and 100% of the budget1.0% of the EBITDAGreater than budget1.5% of the EBITDA Proposed remuneration: - Fixed remuneration (Cost To Company) of Rs. 1.90 Crores (Rupees One Crore and Ninety Lakhs) per annum.
If the Operator terminates the contract, or the Corporation terminates without cause, the Corporation must pay the Operator a Compensation fee calculated as the greater of the net present value of 10% of the Operator fee or Operator’s Actual EBITDA for the preceding twelve months.
If the Aligned Parties’ Representative accepts the EBITDA Calculations, or if the Aligned Parties’ Representative fails to give notice to the Buyer of any objection within ten (10) days after receipt of the EBITDA Calculations, the EBITDA Calculations shall be the final and binding calculation of the Actual EBITDA Amount for the respective Earnout Period.
Actual EBITDA margin percentage of 19.2% resulted in the maximum assessment of funding of 125% of target.
No Variable Compensation on the Qualitative Performance shall be payable if the Actual EBITDA (as computed in 2(a) above) is less than 85% of the Approved Budget for the Financial Year.

More Definitions of Actual EBITDA

Actual EBITDA means the Company's and Sleepmaster L.L.C.'s ("Sleepmaster's") consolidated EBITDA for a particular Fiscal Year as set forth on the Company's audited consolidated financial statements for such Fiscal Year; provided, that for purposes of calculating the Company's and Sleepmaster's consolidated EBITDA for a particular Fiscal Year, the Company shall give effect to any acquisition of all of the capital stock or all, or substantially all, of the consolidated assets of an unaffiliated Person (an "Acquired Business") by the Company or Sleepmaster (whether such Acquired Business was acquired by means of a merger, consolidation, asset purchase, security purchase or otherwise) on an actual basis, as though such acquisition had occurred on the first day of such Fiscal Year.

Actual EBITDA shall have the meaning as set forth in Section 2.13(e).

Actual EBITDA means actual EBITDA for the Measurement Period attributable to the accounts purchased hereunder (and the accounts purchased pursuant to that certain Asset Purchase Agreement by and between Buyer and Buyer’s Affiliate, Patriot Risk Services, Inc., and Seller’s affiliate, Risk Control Associates, Inc.) and any new business added by Seller or Equity Holders during the Measurement Period.

Actual EBITDA for the applicable fiscal year ended shall mean operating earnings plus depreciation and amortization of the Xxxxxx Business Unit and plus any upstream management fees charged to the Xxxxxx Business Unit for the applicable fiscal year as shown in the pro forma financial chart presented to the Board of Directors of Euramax at the first meeting of the Board of Directors of Euramax following completion of such fiscal year.

Actual EBITDA means the amount of the Corporation’s earnings for fiscal year 2016, determined in accordance with general accepted accounting principles (“GAAP”), adjusted for interest expense, income taxes, depreciation and amortization expense, debt extinguishment and accelerated maintenance expense for new international deployments.

Actual EBITDA means, for any fiscal year of the Company, the EBITDA of the Company and its subsidiaries for such fiscal year as derived from the Company’s financial statements for such fiscal year; provided, however, that all amounts (i) paid to Brazos Equity Advisors II, L.P. (or an affiliate thereof) pursuant to the terms of the Monitoring and Oversight Agreement to be entered into by and among Parent, the Company and Brazos Equity Advisors II, L.P. (or an affiliate thereof) and (ii) paid to Mxxx X. Xxxxx as a director fee, shall be added back to Actual EBITDA. For purposes of this Agreement, the “EBITDA Target” shall mean, (i) for the fiscal year 2006, $22,000,000, and (ii) for any fiscal year of the Company thereafter, such EBITDA target as is determined by the Board after consultation with the Company’s management and based on the Company’s historical performance and projected growth based on the projections prepared by the Company and attached hereto as Exhibit A.