T R A V E L C E N T E R SO FA M E R I C A P R OF O R M AF I N A N C I A LI N F O R M AT I O NA N DR E C O N C I L I AT I O N O FN O N - G A A PF I N A N C I A LM E A S U R E S( C o n t i n u e d ) 1)EBITDA, Adjusted EBITDA and Adjusted EBITDAR are non-GAAP financial measures calculated as presented in the tables above. TA believes EBITDA, Adjusted EBITDA and Adjusted EBITDAR provide useful information to investors because by excluding the effects of certain amounts, such as income tax expense, depreciation and amortization, incremental share based compensation expense, certain legal expenses, certain transaction fees, federal tax credits and rent expense, these non-GAAP measures may facilitate a comparison of current operating performance with TA’s historical operating performance and the performance of other travel center businesses. EBITDA, Adjusted EBITDA and Adjusted EBITDAR do not represent cash generated by operating activities in accordance with GAAP and should not be considered alternatives to net income, net income attributable to common shareholders, operating income or site level gross margin in excess of site level operating expenses or as an indicator of TA’s financial performance or as a measure of TA’s liquidity. These measures should be considered in conjunction with net income, net income attributable to common shareholders, operating income and site level gross margin in excess of site level operating expenses as presented in TA’s condensed consolidated statements of income. Also, other companies may calculate EBITDA, Adjusted EBITDA, and Adjusted EBITDAR differently than we do. 2)Incremental share based compensation expense. As part of TA's retirement agreements with certain former officers, TA agreed to accelerate the vesting of previously granted share awards. This acceleration resulted in incremental share based compensation expense of $2.6 million for the twelve months ended June 30, 2018. For more information regarding the retirement agreements TA entered into with certain former officers refer to TA’s Quarterly Report on Form 10-Q for the period ended June 30, 2018, or the Quarterly Report. 3)Comdata legal expenses. During the twelve months ended June 30, 2018, TA incurred $1.0 million of legal fees in connection with its litigation with Comdata. TA's attorneys' fees and costs related to this matter totaled $10.6 million through June 30, 2018. On April 9, 2018, the Court of Chancery of the State of Delaware, or the Court, entered its final order and judgment, or the Order. Pursuant to the Order, Comdata was required to, among other things, reimburse TA for attorneys' fees and costs, together with interest, in the amount of $10.7 million, which TA collected in May 2018. As a result, TA recognized a $10.1 million reduction in selling, general and administrative expenses and $0.6 million of interest income for the twelve months ended June 30, 2018. For more information regarding TA’s litigation with Comdata, refer to the Quarterly Report. 4)Comdata excess transaction fees. From February 1, 2017, until mid-September 2017, Comdata unilaterally withheld increased fees from transaction settlement payments due to TA under an agreement between TA and Comdata under which TA agreed to accept Comdata issued fuel cards through January 2, 2022, for certain purchases by TA's customers in exchange for fees payable by TA to Comdata, or the Merchant Agreement. During the twelve months ended June 30, 2018, TA incurred $2.3 million of excess transaction fees. On September 11, 2017, the Court issued its post-trial Memorandum Opinion. The Court found that TA was entitled to, among other things, an order requiring Comdata to specifically perform under the Merchant Agreement, and awarded damages to TA and against Comdata for the difference between the higher transaction fees paid to Comdata since February 1, 2017, and what TA would have paid during this period under the fee structure in the Merchant Agreement. In November 2017, TA recovered $6.9 million for the amount of excess transaction fees. For more information regarding TA’s litigation with Comdata, refer to the Quarterly Report. 5)Federal biodiesel tax credit. On February 8, 2018, legislation was passed that retroactively reinstated the 2017 federal biodiesel tax credit. The federal biodiesel tax credit for 2017 was $23.3 million and was recognized in the twelve months ended June 30, 2018. For more information regarding the biodiesel tax credit, refer to the Quarterly Report.