eTrade 2005 Annual Report Download - page 470

“
Company
” means the party named as such in the first paragraph of the Indenture or any successor obligor under the Indenture and
the Notes pursuant to Article 5.
“
Consolidated EBITDA
” means, for any period, Adjusted Consolidated Net Income for such period plus, to the extent such amount
was deducted in calculating such Adjusted Consolidated Net Income:
(1) Consolidated Interest Expense;
(2) income taxes;
(3) depreciation expense;
(4) amortization expense; and
(5) all other non-cash items reducing Adjusted Consolidated Net Income (other than items that will require cash payments and for
which an accrual or reserve is, or is required by GAAP to be, made), less all non-cash items increasing Adjusted Consolidated Net
Income, all as determined on a consolidated basis for the Company, its Restricted Subsidiaries and its Regulated Subsidiaries in
conformity with GAAP;
provided
that, if any Restricted Subsidiary or Regulated Subsidiary is not a Wholly Owned Restricted Subsidiary, or Wholly Owned
Regulated Subsidiary, as the case may be, Consolidated EBITDA shall be reduced (to the extent not otherwise reduced in accordance
with GAAP) by an amount equal to (A)the amount of the Adjusted Consolidated Net Income attributable to such Restricted Subsidiary
or Regulated Subsidiary multiplied by (B)the percentage of Common Stock of such Restricted Subsidiary or Regulated Subsidiary not
owned on the last day of such period by the Company or any of its Restricted Subsidiaries or any of its Wholly Owned Regulated
Subsidiaries.
“
Consolidated Fixed Charge Coverage Ratio
” means, with respect to any Person, the ratio of Consolidated EBITDA of such Person
during the most recent four full fiscal quarters (the “Four Quarter Period”), for which financial statements are available, ending on or
prior to the date of the transaction giving rise to the need to calculate the Consolidated Fixed Charge Coverage Ratio (the “Transaction
Date”), to Consolidated Fixed Charges of such Person for the Four Quarter Period. In addition to and without limitation of the
foregoing, for purposes of this definition, Consolidated EBITDA and Consolidated Fixed Charges shall be calculated after giving effect
on a pro forma basis for the period of such calculation to:
(1) the incurrence or repayment of any Indebtedness of such Person or any of its Restricted Subsidiaries or Regulated Subsidiaries
(and the application of the proceeds thereof) giving rise to the need to make such calculation and any incurrence or repayment of other
Indebtedness
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2006. EDGAR Online, Inc.