EBITDA shall mean for any Person for any period, Net Income of such Person and its Subsidiaries for such period plus, without duplication and to the extent reflected as a charge in the statement of such Net Income for such period, the sum of (a) income tax expense, (b) Interest Expense of such Person and its Subsidiaries, amortization or write off of debt discount and debt issuance costs and commissions, discounts and other fees and charges associated with Indebtedness, (c) depreciation and amortization expense and (d) amortization of intangibles (including, but not limited to, goodwill) and organization costs.
Effective Date shall mean the date upon which the conditions precedent set forth in Section 3(a) shall have been satisfied.
Electronic Record shall mean Record and Electronic Record, both as defined in E-Sign, and shall include, but not be limited to, recorded telephone conversations, fax copies or electronic transmissions, including, without limitation, those involving the EverBank Warehouse Electronic System.
Electronic Signature shall have the meaning set forth in E-Sign.
Electronic Tracking Agreement shall mean an Electronic Tracking Agreement among Buyer, Seller, MERS and MERSCORP, Inc., as the same may be amended from time to time.
Electronic Transactions shall mean transactions conducted using Electronic Records and/or Electronic Signatures or fax copies of signatures.
Eligible Mortgage Loan shall mean a Mortgage Loan which (a) is an Approved Mortgage Product, (b) complies with the representations and warranties set forth on Schedule 1 hereto, (c) is not a Defective Mortgage Loan, and (d) is not a Delinquent Mortgage Loan.
EO13224 shall have the meaning set forth in Section 11(aa) hereof.
ERISA shall, with respect to any Person, mean the Employee Retirement Income Security Act of 1974, as amended from time to time and any successor thereto, and the regulations promulgated and rulings issued thereunder.
ERISA Affiliate shall, with respect to any Person, mean any Person which is treated as a single employer under Section 414(b) or (c) of the Code, or solely for purposes of Section 302 of ERISA and Section 412 of the Code is treated as a single employer described in Section 414 of the Code.
ERISA Liability Threshold shall have the meaning specified in the Pricing Letter.
Escrow Amount shall mean any amounts paid by the Mortgagor or retained by Seller with respect to the Mortgage Loan that constitute escrowed funds, which shall include any amounts representing Escrow Payments or unapplied principal prepayments.
Escrow Payments shall mean, with respect to any Mortgage Loan, the amounts constituting ground rents, taxes, assessments, water rates, sewer rents, municipal charges, mortgage insurance premiums, fire and hazard insurance premiums, condominium charges, and any other payments required to be escrowed by the Mortgagor with the mortgagee pursuant to the Mortgage or any other document.
Existing Subordinated Debt shall mean all Subordinated Debt, if any, existing as of the Effective Date, as set forth on Schedule 6 to the Pricing Letter.