"How a company is doing based on net earnings and outstanding shares" (see full definition at The Legal Dictionary).
"EBITDA" means, with respect to any fiscal period, the sum of (a) Net Income for that period, plus (b) any extraordinary loss reflected in such Net Income, minus (c) any extraordinary gain reflected in such Net Income, plus (d) interest expense of Borrower and its Subsidiaries for that period, including net payment obligations pursuant to Interest Rate Protection Agreements plus (e) the aggregate amount of federal and state taxes on or measured by income of Borrower and its Subsidiaries for that period (whether or not payable during that period), minus (f) the aggregate amount of federal and state credits against taxes on or measured by income of such Borrower and its Subsidiaries for that period (whether or not usable during that period), plus (g) depreciation, amortization and Engine or Equipment write-downs of Borrower and its Subsidiaries for that period, in each case as determined in accordance with GAAP, consistently applied, plus (h) any non-recurring expenses, charges, accruals, reserves, transaction costs, fees, losses, expenses (including expenses for third party professional advisors) and intangibles (including those with respect to any amendment or waiver of loan documents governing Permitted Indebtedness or Indebtedness of any Excluded Subsidiary) payable in connection with a Permitted Change in Control; provided that "EBITDA" shall not include any gains or losses resulting from changes in the fair market value of derivative instruments (within the meaning of SFAS 133).
“EBITDA” means the amount of earnings before interest, income taxes, depreciation and amortization for the year ending December 31, 2014 reflected in Green Dot’s consolidated statements of operations excluding employee stock-based compensation expense, stock-based retailer incentive compensation expense and other non-recurring items. Other non-recurring items to be excluded for purposes of computing EBITDA are subject to the review and approval of the Committee. Furthermore, the Committee may exercise discretion to exclude certain items from the calculation of EBITDA for purposes of the Plan. The Committee shall establish the EBITDA target and communicate it to Participants.
“EBITDA” means, in respect of the Earnout Period, without duplication, net income or loss to the extent reflected in the consolidated operating results of the Company and its Subsidiaries, (a) plus (i) interest expense in accordance with GAAP (including amortization or write-off of debt discount, debt issuance and debt extinguishment costs and commissions, discounts and redemption premiums and other fees, costs and expenses associated with Indebtedness) for such period, plus (ii) depreciation and amortization expense, plus (iii) income taxes (and franchise tax in the nature of income tax) (including federal, state, local and foreign income tax) expense and foreign withholding tax expense and any state single business unitary or similar tax, plus (iv) any expenses related to extraordinary items as defined in accordance with GAAP, plus (v) any non-cash impairment charges related to long-lived assets, plus (vi) any non-cash deductions related to purchase accounting measured in accordance with GAAP, plus (vii) any reasonable, documented, out-of-pocket transaction expenses or fees incurred in connection with the Transaction through the Closing Date, including Company Transaction Expenses, plus (viii) losses resulting from the sale or disposition of any asset or any subsidiary outside the ordinary course of business up to $250,000, (ix) non-cash losses related to ownership of joint ventures, plus (x) non-cash expenses resulting from the grant, periodic re-measurement or acceleration of vesting of any equity-related instruments, plus (xi) losses during such period in connection with the extinguishment, retirement or write-off of indebtedness, plus (xii) the amount of management, monitoring, consulting and advisory fees and related indemnities and expenses paid or accrued under any management agreement with any Affiliate of Seller through the Closing Date, plus (xiii) the amount by which cash rental expense is less than rental expense calculated in accordance with GAAP for such period, plus (xiv) any expenses or losses associated with the Earnout Payment, as well as any expenses associated with the accounting therefor, and (b) minus the sum of, in each case to the extent included in the calculation net income and without duplication, (i) any credit for federal income taxes or other taxes measured by net income, (ii) any interest income, (iii) any gain from extraordinary items as defined in accordance with GAAP, (iv) any non-cash gain or income related to purchase accounting measured in accordance with GAAP, (v) gains resulting from the sale or disposition of any asset or any subsidiary outside the ordinary course of business up to $250,000, (vi) non-cash income related to ownership of joint ventures, (vii) non-cash income or gains resulting from the grant, periodic re-measurement or acceleration of vesting of any equity-related instruments, (viii) income or gains during such period in connection with the extinguishment, retirement or write-off of indebtedness, (ix) any income or gain associated with the Earnout Payment, as well as any income or gain associated with the accounting therefor and (x) the amount by which cash rental expense in such period is greater than rental expense calculated in accordance with GAAP for such period, in each case to the extent reflected in the consolidated operating results of the Company and its Subsidiaries.
"EBITDA" means, with respect to any period, the sum of (i) Consolidated Net Income for such period without giving effect to extraordinary gains and losses, gains and losses resulting from changes in GAAP or one time non-recurring income and expenses resulting from acquisitions, plus (ii) to the extent deducted in the calculation of Consolidated Net Income, the amount of all interest expense, depreciation expense, amortization expense, income tax expense and non-cash stock-based compensation expense; provided that EBITDA will include or exclude, as applicable, acquisitions and divestitures of Restricted Subsidiaries or other business units on a pro forma basis as if such acquisitions or divestitures occurred on the first day of the applicable period.
“EBITDA” means, with respect to any Person for any period, the Consolidated Net Income of such Person for such period increased (without duplication) by the following, in each case (other than with respect to clauses (h) and (k)) to the extent deducted (and not added back) in determining Consolidated Net Income for such period: provision for taxes based on income or profits or capital, including, without limitation, federal, state, franchise and similar taxes and foreign withholding taxes (including any future taxes or other levies which replace or are intended to be in lieu of such taxes and any penalties and interest related to such taxes or arising from tax examinations) and the net tax expense associated with any adjustments made pursuant to clauses (1) through (16) of the definition of “Consolidated Net Income”; plus Fixed Charges of such Person for such period (including (x) net losses or Hedging Obligations or other derivative instruments entered into for the purpose of hedging interest rate risk, (y) bank fees and other financing fees and (z) costs of surety bonds in connection with financing activities, plus amounts excluded from Consolidated Interest Expense as set forth in clauses (1)(q) through (z) in the definition thereof); plus Consolidated Depletion, Depreciation and Amortization Expense of such Person for such period; plus the amount of any severance, relocation costs and expenses, integration costs, transition costs, pre-opening, opening, consolidation and/or closing costs for facilities, costs incurred in connection with any non-recurring strategic initiatives, costs incurred in connection with acquisitions and Investments and non-recurring product and intellectual property development, other business optimization expenses (including costs and expenses relating to business optimization programs and new systems design and implementation costs), project start-up costs, restructuring charges, accruals or reserves (including restructuring costs related to acquisitions and to closure/consolidation of facilities, retention charges, systems establishment costs and excess pension charges); plus any other non-cash charges, including any write-offs or write-downs reducing Consolidated Net Income for such period (provided that if any such non-cash charges represent an accrual or reserve for potential cash items in any future period, (A) the Company may elect not to add back such non-cash charge in the current period and (B) to the extent the Company elects to add back such non-cash charge, the cash payment in respect thereof in such future period shall be subtracted from EBITDA to such extent, and excluding amortization of a prepaid cash item that was paid in a prior period); plus the amount of any non-controlling interest or minority interest expense consisting of Subsidiary income attributable to minority equity interests of third parties in any non-Wholly-Owned Subsidiary; plus the amount of management, monitoring, consulting, advisory fees and other fees (including termination fees) and indemnities and expenses paid or accrued in such period under the Management Fee Agreement or otherwise to the Investors to the extent otherwise permitted under “—Certain Covenants—Transactions with Affiliates”; plus the amount of “run rate” cost savings, operating expense reductions and synergies projected by the Company in good faith to result from actions taken, committed to be taken or expected in good faith to be taken no later than 12 months after the end of such period (calculated on a pro forma basis as though such cost savings, operating expense reductions and synergies had been realized on the first day of such period for which EBITDA is being determined and as if such cost savings, operating expense reductions and synergies were realized during the entirety of such period), net of the amount of actual benefits realized during such period from such actions; provided, that such cost savings and synergies are reasonably identifiable and factually supportable (it is understood and agreed that “run-rate” means the full recurring benefit for a period that is associated with any action taken, committed to be taken or expected to be taken, net of the amount of actual benefits realized during such period from such actions); plus the amount of loss on sale of receivables, Securitization Assets and related assets to any Securitization Subsidiary in connection with a Qualified Securitization Facility; plus any costs or expense incurred by the Company or a Restricted Subsidiary pursuant to any management equity plan or stock option plan or any other management or employee benefit plan or agreement or any stock subscription or shareholder agreement, to the extent that such cost or expenses are funded with cash proceeds contributed to the capital of the Company or net cash proceeds of an issuance of Equity Interest of the Company (other than Disqualified Stock) solely to the extent that such net cash proceeds are excluded from the calculation set forth in clause (3) of the first paragraph under “—Certain Covenants—Limitation on Restricted Payments”; plus cash receipts (or any netting arrangements resulting in reduced cash expenditures) not representing EBITDA or Consolidated Net Income in any period to the extent non-cash gains relating to such income were deducted in the calculation of EBITDA pursuant to clause (2) below for any previous period and not added back; plus any net loss from disposed, abandoned or discontinued operations; plus accretion of asset retirement obligations in accordance with Statement of Financial Accounting Standards No. 143, Accounting for Asset Retirement Obligations; plus interest income or investment earnings on retiree medical and intellectual property, royalty or license receivables; decreased (without duplication) by the following, in each case to the extent included in determining Consolidated Net Income for such period: non-cash gains increasing Consolidated Net Income of such Person for such period, excluding any non-cash gains to the extent they represent the reversal of an accrual or reserve for a potential cash item that reduced EBITDA in any prior period and any non-cash gains with respect to cash actually received in a prior period so long as such cash did not increase EBITDA in such prior period; plus any net income from disposed, abandoned or discontinued operations.
“EBITDA” means with respect to any Business, the net income of such Business as reflected in its financial statements for the relevant period, excluding any extraordinary gains or losses, and increased by the amount reflected in such financial statements as expenses incurred for interest, income taxes, depreciation, amortization of any intangible assets, but only to the extent that such items were deducted in computing the net income of the Business.
“EBITDA” means a Club’s earnings for its fiscal year, before interest, taxes, depreciation and amortization, as calculated and reported in accordance with Part I, Schedule I, Section D, Line 45 of the annual Financial Information Questionnaire (“FIQ”), which each Club must submit to the Office of the Commissioner after the close of each fiscal year. For the purposes of this Debt Service Rule, each Club shall calculate its annual EBITDA net of the Club’s net receipts or net payments under any revenue sharing arrangements then in effect among the Major League Clubs.