First Data 2007 Annual Report Download - page 243

(x) to the extent covered by insurance and actually reimbursed, or, so long as the Borrower has made a determination that there exists
reasonable evidence that such amount will in fact be reimbursed by the insurer and only to the extent that such amount is (A) not denied by the
applicable carrier in writing within 180 days and (B) in fact reimbursed within 365 days of the date of such evidence (with a deduction for any
amount so added back to the extent not so reimbursed within such 365 days), expenses with respect to liability or casualty events or business
interruption,
(xi) the amount of losses on Dispositions of receivables and related assets in connection with any Permitted Receivables Financing,
(xii) extraordinary losses and unusual or non-recurring charges (including litigation and regulatory settlements, and spin-off costs relating
to divestitures of subsidiaries, including without limitation from the spin-off of The Western Union Company),
(xiii) to the extent included in Consolidated Net Income, the negative EBITDA of IPS and IPS Canada, and
(xiv) with respect to any Joint Venture, an amount equal to the proportion of those items described in clauses (ii) and (iii) above relating to
such Joint Venture corresponding to the Borrower's and the Restricted Subsidiaries' proportionate share of such Joint Venture's Consolidated Net
Income (determined as if such Joint Venture were a Restricted Subsidiary),
less
(b) without duplication and to the extent included in arriving at such Consolidated Net Income, the sum of the following amounts for such period:
(i) extraordinary gains and unusual or non-recurring gains,
(ii) non-cash gains (excluding any non-cash gain to the extent it represents the reversal of an accrual or reserve for a potential cash item
that reduced Consolidated Net Income or Consolidated EBITDA in any prior period),
(iii) gains on asset sales (other than asset sales in the ordinary course of business),
(iv) any net after-tax income from the early extinguishment of Indebtedness or hedging obligations or other derivative instruments, and
(v) cash expenditures (or any netting arrangements resulting in increased cash expenditures) not deducted in arriving at Consolidated
EBITDA or Consolidated Net Income in any period to the extent non-cash losses relating to such income were added in the calculation of
Consolidated EBITDA pursuant to paragraph (a) above for any previous period and not deducted,
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