“Acquired EBITDA” means, with respect to any Acquired Entity or Business or any Converted Restricted Subsidiary for any period, the amount for such period of Consolidated EBITDA of such Acquired Entity or Business or Converted Restricted Subsidiary (determined as if references to the Borrower and the Restricted Subsidiaries in the definition of Consolidated EBITDA were references to such Acquired Entity or Business and its Subsidiaries or to such Converted Restricted Subsidiary and its Subsidiaries), as applicable, all as determined on a consolidated basis for such Acquired Entity or Business or Converted Restricted Subsidiary, as applicable.
“Acquired EBITDA” means, with respect to any Acquired Entity or Business or any Converted Restricted Subsidiary for any period, the amount for such period of Consolidated EBITDA of such Acquired Entity or Business or Converted Restricted Subsidiary (determined as if references to the Lead Borrower and the Restricted Subsidiaries in the definition of Consolidated EBITDA were references to such Acquired Entity or Business and its Subsidiaries or to such Converted Restricted Subsidiary and its Subsidiaries), as applicable, all as determined on a consolidated basis for such Acquired Entity or Business or Converted Restricted Subsidiary, as applicable.
“Acquired EBITDA” means, with respect to any Acquired Entity or Business or any Converted Restricted Subsidiary for any period, the amount for such period of Consolidated EBITDA of such Acquired Entity or Business or Converted Restricted Subsidiary (determined as if references to the Borrower and the Restricted Subsidiaries in the definition of Consolidated EBITDAthe term “Consolidated EBITDA” were references to such Acquired Entity or Business and its Subsidiaries or to such Convertedsubsidiaries which will become Restricted Subsidiary and its Subsidiaries), as applicable, all as determined on a consolidated basis for such Acquired Entity or Business or Converted Restricted Subsidiary, as applicable.Business.
“Acquired EBITDA” means, with respect to any Acquired Entity or Business or any Converted Restricted Subsidiary for any period,Test Period, the amount for such periodTest Period of Consolidated EBITDA of such Acquired Entity or Business or Converted Restricted Subsidiary (determined as if references to the Borrower and the Restricted Subsidiaries in the definition of Consolidated EBITDA were references to such Acquired Entity or Business and its Subsidiaries or to such Converted Restricted Subsidiary and its Subsidiaries), as applicable,Business, all as determined on a consolidated basis for such Acquired Entity or Business or Converted Restricted Subsidiary, as applicable.Business.
“Acquired EBITDA” means, with respect to any AcquiredPro Forma Entity or Business or any Converted Restricted Subsidiary for any period, as the amount for such period of Consolidated EBITDA of such AcquiredPro Forma Entity or Business or Converted Restricted Subsidiary (determined as if references to Holdings, the BorrowerBorrowers and the Restricted Subsidiaries in the definition of Consolidated EBITDAthe term “Consolidated EBITDA” were references to such AcquiredPro Forma Entity or Business and its Subsidiaries or to such Convertedwhich will become Restricted Subsidiary and its Subsidiaries), as applicable, all as determined on a consolidated basis for such Acquired Entity or Business or Converted Restricted Subsidiary, as applicable.Pro Forma Entity.
“Acquired EBITDA” means, with respect to any Acquired EntityPerson or Business or any Converted Restricted Subsidiarybusiness acquired in a Material Acquisition for any period, the amount for such period of Consolidated EBITDA of such Acquired EntityPerson or Business or Converted Restricted Subsidiarybusiness (determined as if references to the BorrowerHoldings and the Restricted Subsidiaries in the definition of Consolidated EBITDAthe term “Consolidated EBITDA” were references to such Acquired EntityPerson or Businessbusiness and its Subsidiaries or to such Converted Restricted Subsidiary and itssubsidiaries which become Subsidiaries), as applicable, all as determined on a consolidated basis for such Acquired EntityPerson or Business or Converted Restricted Subsidiary, as applicable.business.
“Acquired EBITDA” means, with respect to any Acquired Entity or Business or any Converted Restricted SubsidiaryThere shall be included in determining Consolidated EBITDA for any period, without duplication, # the amount forAcquired EBITDA of any Person, property, business or asset acquired by the Borrower or any Restricted Subsidiary during such period (but not the Acquired EBITDA of Consolidatedany related Person, property, business or assets to the extent not so acquired), to the extent not subsequently sold, transferred or otherwise disposed by the Borrower or such Restricted Subsidiary during such period (each such Person, property, business or asset acquired and not subsequently so disposed of, an “Acquired Entity or Business”) and the Acquired EBITDA of any Unrestricted Subsidiary that is converted into a Restricted Subsidiary during such period (each, a “Converted Restricted Subsidiary”), based on the actual Acquired EBITDA of such Acquired Entity or Business or Converted Restricted Subsidiary (determined as if referencesfor such period (including the portion thereof occurring prior to such acquisition) and # for the Borrower and the Restricted Subsidiaries inpurposes of the definition of the term “Permitted Acquisition,” compliance with the covenant set forth in [Section 7.11] and the calculation of the Consolidated EBITDA were referencesFirst Lien Net Leverage Ratio, the Consolidated Secured Net Leverage Ratio, the Consolidated Total Net Leverage Ratio, and the Consolidated Interest Coverage Ratio, an adjustment in respect of each Acquired Entity or Business equal to the amount of the Pro Forma Adjustment with respect to such Acquired Entity or Business and its Subsidiaries orfor such period (including the portion thereof occurring prior to such Convertedacquisition) as specified in a certificate executed by a Responsible Officer and delivered to the and the Administrative Agent. There shall be excluded in determining Consolidated EBITDA for any period the Disposed EBITDA of any Person, property, business or asset (other than an Unrestricted Subsidiary) sold, transferred or otherwise disposed of or, closed or classified as discontinued operations (but if such operations are classified as discontinued due to the fact that they are subject to an agreement to dispose of such operations, only when and to the extent such operations are actually disposed of) by the Borrower or any Restricted Subsidiary during such period (each such Person, property, business or asset so sold or disposed of, a “Sold Entity or Business”) and its Subsidiaries)the Disposed EBITDA of any Restricted Subsidiary that is converted into an Unrestricted Subsidiary during such period (each a “Converted Unrestricted Subsidiary”), as applicable, all as determinedbased on a consolidated basis forthe actual Disposed EBITDA of such AcquiredSold Entity or Business or Converted Restricted Subsidiary, as applicable.Unrestricted Subsidiary for such period (including the portion thereof occurring prior to such sale, transfer or disposition).
“AcquiredDisposed EBITDA” means, with respect to any AcquiredSold Entity or Business or any Converted RestrictedUnrestricted Subsidiary for any period, the amount for such period of Consolidated EBITDA of such AcquiredSold Entity or Business or Converted Restricted Subsidiary (determined as if references to the Borrower and the Restricted Subsidiaries in the definition of Consolidated EBITDA (and in the component definitions used therein) were references to such AcquiredSold Entity or Business and its Subsidiaries or to such Converted RestrictedUnrestricted Subsidiary and its Subsidiaries), as applicable, or such Converted Unrestricted Subsidiary, all as determined on a consolidated basis for such AcquiredSold Entity or Business or such Converted Restricted Subsidiary, as applicable.Unrestricted Subsidiary.
provided, further, that Consolidated EBITDA for any period shall be calculated so as to include (without duplication of any adjustment referred to above or made pursuant to [Section 1.09], if applicable) the Acquired EBITDA” means, with respectEBITDA of any Person, property, business or asset acquired by the Borrower or any Restricted Subsidiary during such period (other than any Unrestricted Subsidiary) in a Material Acquisition to the extent not subsequently sold, transferred or otherwise disposed of (but not including the Acquired EBITDA of any Acquiredrelated Person, property, business or asset to the extent not so acquired) (each such Person, property, business or asset acquired, including pursuant to a transaction consummated prior to the Effective Date, and not subsequently so disposed of, an “Acquired Entity or Business orBusiness”) for the entire period determined on a historical pro forma basis and the Acquired EBITDA of any ConvertedUnrestricted Subsidiary that is designated as a Restricted Subsidiary for any period, the amount forduring such period of Consolidated(each, a “Converted Restricted Subsidiary”), in each case based on the Acquired EBITDA of such Acquired Entity or Business or Converted Restricted Subsidiary (determined as if references tofor such period (including the Borrower and the Restricted Subsidiaries in the definition of Consolidated EBITDA were referencesportion thereof occurring prior to such Acquired Entityacquisition or Business and its Subsidiaries or to such Converted Restricted Subsidiary and its Subsidiaries), as applicable, all asconversion) determined on a consolidatedhistorical pro forma basis and, for suchthe avoidance of doubt, Acquired Entity or Business or Converted Restricted Subsidiary, as applicable.EBITDA that does not constitute a Material Acquisition may be included by the Borrower, at its option; and
“AcquiredDisposed EBITDA” means, with respect to any AcquiredSold Entity or Business or any Converted RestrictedUnrestricted Subsidiary for any period, the amount for such period of Consolidated EBITDA of such AcquiredSold Entity or Business or Converted RestrictedUnrestricted Subsidiary (determined as if references to Holdings, the BorrowerBorrowers and the Restricted Subsidiaries in the definition of Consolidated EBITDAthe term “Consolidated EBITDA” (and in the component financial definitions used therein) were references to such AcquiredSold Entity or Business and its Subsidiariessubsidiaries or to such Converted RestrictedUnrestricted Subsidiary and its Subsidiaries)subsidiaries), as applicable, all as determined on a consolidated basis for such AcquiredSold Entity or Business or Converted Restricted Subsidiary, as applicable.Unrestricted Subsidiary.
AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.
And AllDrafts generates clean Word and PDF files from any draft.