200806452 - Laserfiche WebLink

Browse

200806452 "Consolidated Cash Flow" means, for any period, the Consolidated Net Income of the Company for such period, without duplication: (1) plus depreciation, depletion, amortization (including amortization of intangibles) and other non-cash expenses (excluding any such non-cash expense to the extent that it represents an accrual of or reserve for cash expenses in any future period) of the Company for such period to the extent that such depreciation, amortization and other non-cash expenses were deducted in computing such Consolidated Net Income; (2) less any non-cash items of income to the extent such non-cash items of income were included in computing such Consolidated Net Income; (3) plus cash received during such period related to mark-to-market activities; (4) less cash paid during such period related to mark-to-market activities; provided, however, that for purposes of this definition, any mark-to-market earnings or losses shall be excluded from the calculation of Consolidated Cash Flow to the extent taken into account in calculating Consolidated Net Income for such period. "Consolidated Net Income" shall mean, with respect to any specified Person for any period, the aggregate of the Net Income of the Company for such period, on a consolidated basis, determined in accordance with GAAP; provided that: (a) the Net Income of any Person that is accounted for by the equity method of accounting will be included only to the extent of the amount of dividends or similar distributions (including pursuant to other intercompany payments) paid in cash to the specified Person; (b) the cumulative effect of a change III accounting principles will be excluded; and (c) any non-cash impairment charges incurred subsequent to the Issue Date shall be excluded. "Consolidated Net Worth" shall mean, with respect to a specified Person as of any date, the assets of such Person less the liabilities of such Person all as determined on a consolidated basis in accordance with GAAP. "Construction Funt!' shall mean the fund by that name created and established III Section 5.01 of the Indenture. "Costs of Issuance" shall mean all costs and expenses incurred by the Issuer or the Company in connection with the issuance and sale of the Bonds, including, without limitation, (a) fees and reasonable expenses of accountants, attorneys, engineers and financial advisors, (b) materials, supplies and printing and engraving costs, (c) recording and filing fees, (d) Rating Service fees, (e) compensation to the Underwriter, whether paid as a fee or as a discount from 4834-8191-0786.7 7