Nautilus 2005 Annual Report Download - page 84

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“Consolidated EBITDAR” shall mean, for any period, as determined on a Consolidated basis and in accordance with GAAP,
Consolidated Net Earnings for such period plus the aggregate amounts deducted in determining such Consolidated Net Earnings in respect of
(a) Consolidated Interest Expense, (b) Consolidated Income Tax Expense, (c) Consolidated Depreciation and Amortization Charges,
(d) (i) extraordinary or unusual non-cash losses not incurred in the ordinary course of business but that were counted in the net income
calculation for such period, minus (ii) extraordinary or unusual non-cash gains not incurred in the ordinary course of business but that were
counted in the net income calculation for such period, and (e) Consolidated Rent Expense.
“Consolidated Fixed Charges” shall mean, for any period, as determined on a Consolidated basis and in accordance with GAAP, the
aggregate of (a) Consolidated Interest Expense (including, without limitation, the “imputed interest” portion of capital leases, synthetic leases
and asset securitizations, if any), (b) Consolidated Income Tax Expense paid in cash, (c) Consolidated Rent Expense, (d) current maturities of
long-term Indebtedness (excluding the Loans and Letters of Credit), and (e) Capital Distributions.
“Consolidated Funded Indebtedness” shall mean, at any date, all Indebtedness (including, but not limited to, current, long-term and
Subordinated Indebtedness, if any) of Borrower, as determined on a Consolidated basis and in accordance with GAAP.
“Consolidated Income Tax Expense” shall mean, for any period, all provisions for taxes based on the gross or net income of Borrower
(including, without limitation, any additions to such taxes, and any penalties and interest with respect thereto), and all franchise taxes of
Borrower, as determined on a Consolidated basis and in accordance with GAAP.
“Consolidated Interest Expense” shall mean, for any period, the interest expense of Borrower for such period, as determined on a
Consolidated basis and in accordance with GAAP.
“Consolidated Net Earnings” shall mean, for any period, the net income (loss) of Borrower for such period, as determined on a
Consolidated basis and in accordance with GAAP.
“Consolidated Net Worth” shall mean, at any date, the stockholders’ equity of Borrower, determined as of such date on a Consolidated
basis and in accordance with GAAP.
“Consolidated Rent Expense” shall mean, for any period, as determined on a Consolidated basis and in accordance with GAAP, the
amount of (a) all fixed rental expenses of Borrower arising under all operating leases of real property for such period, less (b) any sublease
(operating) rents received by Borrower for such period for the sublease to persons other than Affiliates of any such real property. In the case of
any lease or sublease covering both real property and personal property, the component of rental expense or rental income relating to the
personal property (other than fixtures) shall be excluded from the determination of Consolidated Rent Expense.
“Control Agreement” shall mean a Deposit Account Control Agreement or a Securities Account Control Agreement.
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