Common use of Consolidated Net Worth Clause in Contracts

Consolidated Net Worth. Borrower will at the end of each fiscal quarter maintain Consolidated Net Worth in an amount of not less than the sum of (i) $625,000,000 plus (ii) fifty percent (50%) of the aggregate Consolidated Net Income, if positive, for the period beginning January 1, 2005 and ending on the last day of such fiscal quarter.

Consolidated Net Worth. The Borrower will at the end of each fiscal quarter all times maintain a Consolidated Net Worth in an amount of not less than the sum of (ia) $625,000,000 355,000,000 plus (iib) fifty percent (50%) % of Consolidated Net Income of the aggregate Borrower for each fiscal quarter of the Borrower ending on or after March 31, 2007, for which such quarterly Consolidated Net IncomeIncome is a positive amount (i.e., if positive, there shall be no reduction to the minimum amount of Consolidated Net Worth required to be maintain hereunder for the period beginning January 1, 2005 and ending on the last day of any fiscal quarter in which such fiscal quarterConsolidated Net Income is less than zero).

Consolidated Net Worth. The Borrower will maintain at the end of each fiscal quarter maintain all times Consolidated Net Worth in an amount of equal to not less than the sum of (i) $625,000,000 2,216,253,000 plus (ii) fifty percent (50%) 25% of the aggregate Borrower’s Consolidated Net Income, if positive, for the period beginning January 1each fiscal quarter ending after September 30, 2005 and ending on the last day of such fiscal quarter2001.

Consolidated Net Worth. Borrower will at the end of each fiscal quarter maintain Consolidated Net Worth in an amount of not less than the sum of (i) $625,000,000 475,000,000 plus (ii) fifty percent (50%) of the aggregate Consolidated Net Income, if positive, for the period beginning January April 1, 2005 2003 and ending on the last day of such fiscal quarter.

Consolidated Net Worth. Borrower will at the end of each fiscal quarter maintain Consolidated Net Worth in an amount of not less than the sum of (i) $625,000,000 plus 425,000,000 and (ii) fifty percent (50%) of the aggregate Consolidated Net Income, if positive, for the period beginning January April 1, 2005 2002 and ending on the last day of such fiscal quarter.

Consolidated Net Worth. Borrower will will, at the end of each fiscal quarter quarter, maintain Consolidated Net Worth in an amount of not less than the sum of (i) $625,000,000 plus (ii) fifty percent (50%) of the aggregate Consolidated Net Income, Income (if positive, ) for the period beginning January 1September 30, 2005 2006 and ending on the last day of such fiscal quarter.

Consolidated Net Worth. Borrower will at the end of each fiscal quarter maintain Consolidated Net Worth in an amount of not less than the sum of (i) $625,000,000 550,000,000 plus (ii) fifty percent (50%) of the aggregate Consolidated Net Income, if positive, for the period beginning January April 1, 2005 2004 and ending on the last day of such fiscal quarter.

Consolidated Net Worth. The Borrower will at maintain, as of the end of each fiscal quarter maintain Fiscal Year commencing with the Fiscal Year ending April 30, 2019, its Consolidated Net Worth in an amount of not less than the sum of (i) $625,000,000 plus (ii) fifty percent (50%) of the aggregate Consolidated Net Income, if positive, for the period beginning January 1, 2005 and ending on the last day of such fiscal quarter50,000,000.

Consolidated Net Worth. The Borrower will maintain at the end of each fiscal quarter maintain all times ---------------------- Consolidated Net Worth in an amount of equal to not less than the sum of (i) $625,000,000 2,216,253,000 plus (ii) fifty percent (50%) 25% of the aggregate Borrower's Consolidated Net Income, if positive, for the period beginning January 1each fiscal quarter ending after September 30, 2005 and ending on the last day of such fiscal quarter2001.

Consolidated Net Worth. The Borrower will at the end of each fiscal quarter all times keep and maintain Consolidated Net Worth in at an amount of not less than the Minimum Net Worth. For purposes of this Section, “Minimum Net Worth” (a) for the fiscal quarter of the Borrower ending March 31, 2006, shall be $135,000,000 and (b) for each fiscal quarter thereafter shall be the sum of (i) $625,000,000 the Minimum Net Worth for the immediately preceding fiscal quarter plus (ii) fifty percent (50%) % of the aggregate Consolidated Net Income, if positive, Income for such fiscal quarter (but without deduction in the period beginning January 1, 2005 and ending on the last day case of any deficit in Consolidated Net Income for such fiscal quarter).

Consolidated Net Worth. Borrower will at the end of each fiscal quarter maintain Maintain Consolidated Net Worth in an amount of not less than the sum of One Hundred Million Dollars (i$100,000,000) $625,000,000 plus (ii) fifty percent (50%) of the aggregate Consolidated Net IncomeBorrower's cumulative positive annual net income (on a consolidated basis) for each fiscal quarter from June 30, if positive2000 onwards, for plus seventy-five percent (75%) of the period beginning January 1net proceeds received by the Borrower (or any of the Borrower's Subsidiaries) from the issuance of new equity securities issued after May 31, 2005 and ending on the last day of such fiscal quarter.2000; and

Consolidated Net Worth. The Borrower will at shall maintain a Consolidated Net Worth, calculated as of the end last day of each fiscal quarter maintain Consolidated Net Worth in an amount quarter, of not less than the sum of (i) $625,000,000 725,000,000 plus (ii) fifty seventy-five percent (5075%) of the aggregate proceeds received by the Borrower (net of customary related fees and expenses) in connection with any offering of stock in either of the General Partners after June 30, 2000 and on or prior to the date such determination of Consolidated Net Income, if positive, for the period beginning January 1, 2005 and ending on the last day of such fiscal quarterWorth is made.

Consolidated Net Worth. The Borrower will at the end of each fiscal quarter all times keep and maintain Consolidated Net Worth in at an amount of not less than the sum Minimum Net Worth. For purposes of this Section, “Minimum Net Worth” (i) for the fiscal quarter of the Borrower ending March 31, 2004, shall be $625,000,000 plus 110,000,000 and (ii) fifty percent (50%) for each fiscal quarter thereafter shall be the sum of the aggregate Minimum Net Worth for the immediately preceding fiscal quarter plus 50% of Consolidated Net Income, if positive, Income for such fiscal quarter (but without deduction in the period beginning January 1, 2005 and ending on the last day case of any deficit in Consolidated Net Income for such fiscal quarter).

Consolidated Net Worth. The Borrower will maintain at the end of each fiscal quarter maintain all times ---------------------- Consolidated Net Worth in an amount of equal to not less than the sum of (i) $625,000,000 1,575,000,000 plus (ii) fifty percent (50%) 25% of the aggregate Borrower's Consolidated Net Income, if positive, for the period beginning January 1each fiscal quarter ending after June 30, 2005 and ending on the last day of such fiscal quarter1997.

Consolidated Net Worth. The Borrower will maintain at the end of each fiscal quarter maintain all times Consolidated Net Worth in an amount of not less than the sum of (ia) $625,000,000 90% of Consolidated Net Worth as of December 31, 2008, plus (iib) fifty percent an amount equal to 50% of Consolidated Net Income (50%not less than zero dollars [$0.00]) for all periods subsequent to the Fiscal Quarter ending December 31, 2008, plus (c) an amount equal to 100% of the Net Proceeds of all equity offerings (including conversions of debt securities into common stock) of the aggregate Consolidated Net IncomeBorrower subsequent to December 31, if positive, for the period beginning January 1, 2005 and ending on the last day of such fiscal quarter2008.

Consolidated Net Worth. Borrower will at maintain a ---------------------- Consolidated Net Worth of not less than $800,000,000 as of the end of each fiscal quarter maintain Consolidated Net Worth in an amount of not less than the sum of (i) $625,000,000 plus (ii) fifty percent (50%) of the aggregate Consolidated Net Income, if positive, for the period beginning January 1, 2005 and ending on the last day of such fiscal quarterFiscal Quarter.

Consolidated Net Worth. The Borrower will and its Subsidiaries shall at all times maintain Consolidated Net Worth, determined as of the end of each fiscal quarter maintain Consolidated Net Worth in an amount quarter, of not less than the sum $160,000,000 plus 50% of (i) $625,000,000 plus (ii) fifty percent (50%) of the aggregate Consolidated cumulative Net Income, if positive, Income for the period beginning January commencing on February 1, 2005 and ending on 1998 through the last day end of such fiscal quarter plus 75% of any Net Proceeds obtained from any public equity offering. (In the event that the Borrower and its Subsidiaries have a consolidated net loss for any fiscal quarter, Net Income for purposes of this Section shall be deemed zero for such fiscal quarter).

Consolidated Net Worth. The Borrower will at the end all times maintain its Consolidated Net Worth, determined as of each fiscal quarter maintain Consolidated Net Worth in an amount Covenant Computation Date, of not less than at least the sum of (ia) $625,000,000 74,261,000 plus (iib) fifty percent (50%) % of the aggregate Borrower's cumulative Consolidated Net Income, but, in each case, only if positiveConsolidated Net Income is a positive number, for each completed fiscal quarter beginning the period beginning January 1fiscal quarter ended December 31, 2005 and ending on the last day of such fiscal quarter1998."

Consolidated Net Worth. The Borrower will at the end of each fiscal quarter all times keep and maintain Consolidated Net Worth in at an amount of not less than the Minimum Net Worth. For purposes of this Section, “Minimum Net Worth” (a) for the fiscal quarter of the Borrower ending March 31, 2012, shall be $275,000,000 and (b) for each fiscal quarter thereafter shall be the sum of (i) $625,000,000 the Minimum Net Worth for the immediately preceding fiscal quarter plus (ii) fifty percent (50%) % of the aggregate Consolidated Net Income, if positive, Income for such fiscal quarter (but without deduction in the period beginning January 1, 2005 and ending on the last day case of any deficit in Consolidated Net Income for such fiscal quarter).

Consolidated Net Worth. Beginning with the Fiscal Quarter ending December 31, 2005, the Borrower will maintain at the end of each fiscal quarter maintain all times Consolidated Net Worth in an amount of not less than the sum of (ia) $625,000,000 125,000,000.00, plus (iib) fifty percent an amount equal to 75% of Consolidated Net Income (50%not less than zero dollars [$0.00]) for all periods subsequent to the Fiscal Quarter ending December 31, 2005, plus (c) an amount equal to 100% of the Net Proceeds of all equity offerings (including conversions of debt securities into common stock) of the aggregate Consolidated Net IncomeBorrower subsequent to December 31, if positive, for the period beginning January 1, 2005 and ending on the last day of such fiscal quarter2005.

Consolidated Net Worth. The Borrower will maintain at the end of each fiscal quarter maintain all ---------------------- times Consolidated Net Worth in an amount of equal to not less than the sum of (i) $625,000,000 1,500,000,000 plus (ii) fifty percent (50%) 25% of the aggregate Borrower's Consolidated Net Income, if positive, for the period beginning January 1each fiscal quarter ending after June 30, 2005 and ending on the last day of such fiscal quarter1996.

Consolidated Net Worth. The Borrower will at the end of each fiscal quarter all times maintain a Consolidated Net Worth in an amount of not less than the sum of (ia) $625,000,000 350,000,000 plus (iib) fifty percent (50%) % of Consolidated Net Income of the aggregate Borrower for each fiscal quarter of the Borrower ending on or after March 31, 2006, for which such quarterly Consolidated Net IncomeIncome is a positive amount (i.e., if positive, there shall be no reduction to the minimum amount of Consolidated Net Worth required to be maintain hereunder for the period beginning January 1, 2005 and ending on the last day of any fiscal quarter in which such fiscal quarterConsolidated Net Income is less than zero).

Consolidated Net Worth. The Borrower will at maintain, as of the end of each fiscal quarter maintain Fiscal Year, commencing with the Fiscal Year ending April 30, 2012, its Consolidated Net Worth in an amount of not less than the sum of (i) $625,000,000 plus (ii) fifty percent (50%) of the aggregate Consolidated Net Income, if positive, for the period beginning January 1, 2005 and ending on the last day of such fiscal quarter50,000,000.

Consolidated Net Worth. Borrower will Assure that at as of the end of each fiscal quarter maintain of the Borrower set forth below the Consolidated Net Worth in an amount of the Borrower is not less than the sum of (i) $625,000,000 plus (ii) fifty percent (50%) 250.0 million for each fiscal quarter of the aggregate Consolidated Net Income, if positive, for Borrower ending after the period beginning January 1, date of this Agreement through and including the third fiscal quarter of 2004; $265.0 million as of the end of the fourth fiscal quarter of 2004 through and including the third fiscal quarter of 2005; and $275.0 million as of the end of the fourth fiscal quarter of 2005 and ending on the last day of such fiscal quarterthereafter.

Consolidated Net Worth. Borrower will Maintain Consolidated Net Worth at all times equal to at least the sum of (A) $354,350,000 plus (B) on a cumulative basis as of the end of each fiscal quarter maintain of the Borrower, commencing with the fiscal quarter ending March 31, 2005, an amount equal to 50% of Consolidated Net Worth in Income (to the extent positive) for the fiscal quarter then ended, after giving effect to the payment of dividends for such period plus (C) an amount of not less than the sum of (i) $625,000,000 plus (ii) fifty percent (50%) equal to 75% of the aggregate Consolidated Net Income, if positive, for the period beginning January 1, 2005 and ending on the last day net cash proceeds of such fiscal quarterany Equity Issuance.

Consolidated Net Worth. The Borrower will at the end of each fiscal quarter all times keep and maintain Consolidated Net Worth in at an amount of not less than the sum Minimum Net Worth. For purposes of this Section 8.7, “Minimum Net Worth” (i) for the fiscal quarter of the Borrower ending March 31, 2001, shall be $625,000,000 plus 72,000,000 and (ii) fifty percent (50%) for each fiscal quarter thereafter shall be the sum of the aggregate Minimum Net Worth for the immediately preceding fiscal quarter plus 50% of Consolidated Net Income, if positive, Income for such fiscal quarter (but without deduction in the period beginning January 1, 2005 and ending on the last day case of any deficit in Consolidated Net Income for such fiscal quarter).

Consolidated Net Worth. The Borrower will at all times maintain, tested as of the end of each of the Borrower’s fiscal quarters beginning with the quarter maintain ending September 30, 2003, a Consolidated Net Worth in an amount of not less than the sum of (i) $625,000,000 387,493, plus (ii) fifty percent (50%) % of the aggregate Consolidated Net Income, Borrower’s net income (if positive) for each subsequent quarter, for plus 85% of the period beginning January 1, 2005 and ending on net proceeds to the last day Borrower of such fiscal any equity capital transaction received during any subsequent quarter.

Consolidated Net Worth. The Borrower will maintain at the end of each fiscal quarter maintain all times ---------------------- Consolidated Net Worth in an amount of equal to not less than the sum of (i) $625,000,000 1,500,000,000 plus (ii) fifty percent (50%) 25% of the aggregate Borrower's Consolidated Net Income, if positive, for the period beginning January 1each fiscal quarter ending after June 30, 2005 and ending on the last day of such fiscal quarter1996.

Consolidated Net Worth. The Borrower will at the end of each fiscal quarter all times keep and maintain Consolidated Net Worth in at an amount of not less than the Minimum Net Worth. For purposes of this Section, “Minimum Net Worth” (a) for the fiscal quarter of the Borrower ending March 31, 2010, shall be $300,000,000 and (b) for each fiscal quarter thereafter shall be the sum of (i) $625,000,000 the Minimum Net Worth for the immediately preceding fiscal quarter plus (ii) fifty percent (50%) % of the aggregate Consolidated Net Income, if positive, Income for such fiscal quarter (but without deduction in the period beginning January 1, 2005 and ending on the last day case of any deficit in Consolidated Net Income for such fiscal quarter).

Consolidated Net Worth. The Borrower will at the end of each fiscal quarter all times ---------------------- maintain Consolidated Net Worth in an amount of not less than the sum of (ia) $625,000,000 95,000,000, plus (iib) fifty percent (50%) 75% of the aggregate cumulative Consolidated Net Income, if positive, positive for the period beginning January 1, 2005 and ending on the last day of such ---- any fiscal quarter, i.e., exclusive of negative Consolidated Net Income for any fiscal quarter, after the Third Restatement Date, plus (c) all Net Proceeds of ---- each Equity Issuance after the Third Restatement Date.

Consolidated Net Worth. Borrower will Assure that at as of the end of each fiscal quarter maintain of Borrower ending after the date of this Agreement, the Consolidated Net Worth in an amount of Borrower is not less than the sum of (i) $625,000,000 plus (ii) fifty percent (50%) of the aggregate Consolidated Net Income, if positive, for the period beginning January 1, 2005 and ending on the last day of such fiscal quarter550.0 million.

Consolidated Net Worth. The Borrower will and its Subsidiaries shall at all times maintain Consolidated Net Worth, determined as of the end of each fiscal quarter maintain Consolidated Net Worth in an amount quarter, of not less than the sum $150,000,000 plus 50% of (i) $625,000,000 plus (ii) fifty percent (50%) of the aggregate Consolidated cumulative Net Income, if positive, Income for the period beginning January 1commencing on August 3, 2005 and ending on 1996 through the last day end of such fiscal quarter plus 75% of any net proceeds obtained from any public equity offering. (In the event that the Borrower and its Subsidiaries have a consolidated net loss for any fiscal quarter., Net Income for purposes of this Section shall be deemed zero for such fiscal quarter). 6.21

Consolidated Net Worth. The Borrower will maintain at the end of each fiscal quarter maintain all times Consolidated Net Worth in an amount of not less than the sum of (ia) $625,000,000 90% of Consolidated Net Worth as of the date hereof ($ ), plus (iib) fifty percent an amount equal to 50% of Consolidated Net Income (50%not less than zero dollars [$0.00]) for all periods subsequent to the Fiscal Quarter ending June 30, 2008, plus (c) an amount equal to 100% of the Net Proceeds of all equity offerings (including conversions of debt securities into common stock) of the aggregate Consolidated Net IncomeBorrower subsequent to June 30, if positive, for the period beginning January 1, 2005 and ending on the last day of such fiscal quarter2008.

Consolidated Net Worth. Borrower The Borrowers will at the end of each fiscal quarter maintain Consolidated Net Worth in an amount at all times of not less than the sum of $51,000,000 plus 75% of the consolidated net income (i) $625,000,000 plus (ii) fifty percent (50%after taxes) of the aggregate Trust and its Subsidiaries, as determined in accordance with the Agreement Accounting Principles, such 75% of Consolidated Net IncomeIncome to be added as of the end of each fiscal year of the Trust, provided that if positivesuch income is negative in any fiscal year, the amount added for the period beginning January 1, 2005 and ending on the last day of such fiscal quarteryear shall be zero and it shall not reduce the amount to be added for any other fiscal year.

Consolidated Net Worth. The Borrower will at the end of each fiscal quarter all times maintain Consolidated Net Worth in an amount of not less than the sum of (ia) Five Hundred Million Dollars ($625,000,000 500,000,000) plus (iib) fifty twenty-five percent (5025%) of the aggregate positive Consolidated Net Income for each completed fiscal year ending after December 31, 1998. The term "Consolidated Net Income, if positive" means, for any period, the period beginning January 1sum of the following, 2005 calculated without duplication: (a) Net Income (as defined in Section 9.3) plus (b) the income (or loss) of all Insurance Subsidiaries and ending on the last day of such fiscal quarterCredit Subsidiaries.

Consolidated Net Worth. The Borrower will at the end of each fiscal quarter all times maintain Consolidated Net Worth in an amount of not less than the sum of (i) $625,000,000 plus 7,000,000 as of December 24, 1995 and (ii) fifty percent (50%) of the aggregate cumulative total of all Consolidated Net Income, if positive, Income earned in each fiscal quarter thereafter (without deduction for the period beginning January 1, 2005 and ending on the last day of such any net loss incurred in any fiscal quarter).

Consolidated Net Worth. Borrower will at Permit Consolidated Net Worth as of the end of each any fiscal quarter maintain Consolidated Net Worth in an amount of not the Borrower, commencing with the fiscal quarter ending December 31, 2007, to be less than the sum (on a cumulative basis) of (i) $625,000,000 80% of Net Worth as of September 30, 2007 plus (ii) fifty percent an amount equal to 60% of Consolidated Net Income (50%to the extent positive) for the fiscal quarter then ended plus (iii) 100% of the aggregate Consolidated Net Income, if positive, for the period beginning January 1, 2005 and ending on the last day proceeds of such fiscal quarterall Equity Issuances.

Consolidated Net Worth. The Borrower will maintain at the end of each fiscal quarter maintain all times ---------------------- Consolidated Net Worth in an amount of not less than the sum of (i) $625,000,000 267,000,000 plus (ii) as ---- of the end of each fiscal quarter beginning with the fiscal quarter ended March 31, 2000, an amount equal to fifty percent (50%) of the aggregate Consolidated Net Income, if Income (to the extent positive, ) for the period beginning January 1, 2005 and ending on the last day of such fiscal quarter, such increases to be cumulative, plus (iii) an amount equal to one hundred percent (100%) of the net proceeds ---- from Equity Transactions occurring after the Closing Date.

Consolidated Net Worth. Borrower will at As of the end of each fiscal quarter maintain quarter, Borrower's Consolidated Net Worth in an amount of shall not be less than $275,000,000, plus the sum of (i) $625,000,000 plus (ii) fifty percent (50%) of the aggregate Consolidated Net Income, if positive, for the period beginning January 1, 2005 and ending on the last day of such fiscal quarter.Worth Adjustment. [Section 8.2]

Consolidated Net Worth. Borrower will at the end of each fiscal quarter maintain Consolidated Net Worth in an amount of not less than the sum of (i) $625,000,000 plus 375,000,000 and (ii) fifty percent (50%) of the aggregate Consolidated Net Income, if positive, for the period beginning January 1June 30, 2005 2001 and ending on the last day of such fiscal quarter.

Consolidated Net Worth. Borrower will and its Subsidiaries shall at all times maintain Consolidated Net Worth , determined as of the end of each fiscal quarter maintain Consolidated Net Worth in an amount quarter, of not less than the sum $150,000,000 plus 50% of (i) $625,000,000 plus (ii) fifty percent (50%) of the aggregate Consolidated cumulative Net Income, if positive, Income for the period beginning January 1commencing on August 3, 2005 and ending on 1996 through the last day end of such fiscal quarter plus 75% of any net proceeds obtained from any public equity offering. (In the event that Borrower and its Subsidiaries have a consolidated net loss for any fiscal quarter, Net Income for purposes of this section shall be deemed zero for such fiscal quarter).

Consolidated Net Worth. The Borrower will at the end of each fiscal quarter all times keep and maintain Consolidated Net Worth in at an amount of not less than the Minimum Net Worth. For purposes of this Section, “Minimum Net Worth” (a) for the fiscal quarter of the Borrower ending March 31, 2010, shall be $275,000,000 and (b) for each fiscal quarter thereafter shall be the sum of (i) $625,000,000 the Minimum Net Worth for the immediately preceding fiscal quarter plus (ii) fifty percent (50%) % of the aggregate Consolidated Net Income, if positive, Income for such fiscal quarter (but without deduction in the period beginning January 1, 2005 and ending on the last day case of any deficit in Consolidated Net Income for such fiscal quarter).

Consolidated Net Worth. The Borrower will at shall maintain a Consolidated Net Worth, calculated as of the end last day of each fiscal quarter maintain Consolidated Net Worth in an amount quarter, of not less than the sum of (i) $625,000,000 725,000,000 plus (ii) fifty seventy-five percent (5075%) of the aggregate proceeds received by the Borrower (net of customary related fees and expenses) in connection with any offering of stock in either of the General Partners after the Closing Date and on or prior to the date such determination of Consolidated Net Income, if positive, for the period beginning January 1, 2005 and ending on the last day of such fiscal quarterWorth is made.

Consolidated Net Worth. Borrower will at the end of each fiscal quarter maintain Consolidated Net Worth in an amount of not less than the sum of (i) $625,000,000 425,000,000 plus (ii) fifty percent (50%) of the aggregate Consolidated Net Income, if positive, for the period beginning January April 1, 2005 2002 and ending on the last day of such fiscal quarter.

Consolidated Net Worth. Borrower will Consolidated Net Worth shall not at any time be less than the sum of (A) $1,150,000,000 plus (B) on a cumulative basis as of the end of each fiscal quarter maintain of the Borrower, commencing with the fiscal quarter ending December 31, 2005, an amount equal to 25% of Consolidated Net Income for the fiscal quarter then ended, after giving effect to the payment of dividends for such period; provided, that Consolidated Net Worth in an amount of shall not at any time be less than the sum of (i) $625,000,000 plus (ii) fifty percent (50%) of the aggregate Consolidated Net Income, if positive, for the period beginning January 1, 2005 and ending on the last day of such fiscal quarter1,150,000,000.

Consolidated Net Worth. Borrower will shall maintain at the end of each fiscal quarter maintain all times a Consolidated Net Worth in an amount of not less than equal to the sum of (i) $625,000,000 131,964,000, plus (ii) fifty one hundred percent (50100%) of the aggregate Consolidated Net Income, if positive, net income after taxes of Borrower and its Subsidiaries for the period beginning fiscal year ending January 13, 2005 1998 and ending on the last day of such each fiscal quarteryear thereafter (but shall not decrease by any net losses)."

Consolidated Net Worth. The Borrower will at the end of each fiscal quarter all times keep and maintain Consolidated Net Worth in at an amount of not less than the Minimum Net Worth. For purposes of this Section, “Minimum Net Worth” (a) for the fiscal quarter of the Borrower ending March 31, 2009, shall be $240,000,000 and (b) for each fiscal quarter thereafter shall be the sum of (i) $625,000,000 the Minimum Net Worth for the immediately preceding fiscal quarter plus (ii) fifty percent (50%) % of the aggregate Consolidated Net Income, if positive, Income for such fiscal quarter (but without deduction in the period beginning January 1, 2005 and ending on the last day case of any deficit in Consolidated Net Income for such fiscal quarter).

Consolidated Net Worth. Borrower will at the end of each fiscal quarter maintain Consolidated Net Worth in an amount of not less than the sum of (i) $625,000,000 plus (ii) fifty percent (50%) of the aggregate Consolidated Net Income, if positive, for the period beginning January 1, 2005 and ending on the last day of such fiscal quarter.375,000,000 and

Consolidated Net Worth. The Borrower will at the end of each fiscal quarter all times keep and maintain Consolidated Net Worth in at an amount of not less than the Minimum Net Worth. For purposes of this Section, “Minimum Net Worth” (a) for the fiscal quarter of the Borrower ending March 31, 2005, shall be $130,000,000 and (b) for each fiscal quarter thereafter shall be the sum of (i) $625,000,000 the Minimum Net Worth for the immediately preceding fiscal quarter plus (ii) fifty percent (50%) % of the aggregate Consolidated Net Income, if positive, Income for such fiscal quarter (but without deduction in the period beginning January 1, 2005 and ending on the last day case of any deficit in Consolidated Net Income for such fiscal quarter).

Consolidated Net Worth. The Borrower will at maintain, as of the end of each fiscal quarter maintain Fiscal Year, commencing with the Fiscal Year ending April 30, 2008, its Consolidated Net Worth in an amount of not less than the sum of (i) $625,000,000 plus (ii) fifty percent (50%) of the aggregate Consolidated Net Income, if positive, for the period beginning January 1, 2005 and ending on the last day of such fiscal quarter30,000,000.

Consolidated Net Worth. As of the last day of any Fiscal Quarter, beginning with the Fiscal Quarter ending December 31, 1999, the Borrower will at the end of each fiscal quarter maintain Consolidated Net Worth in an amount of not less than the sum of (ia) Seventy-Seven Million Dollars ($625,000,000 77,000,000) plus (iib) fifty an amount equal to seventy-five percent (5075%) of the aggregate Consolidated Net Income, if positive, Income (not less than zero (0) dollars [$0.00]) for the period beginning January 1, 2005 and ending on the last day of such fiscal quarterimmediately preceding Fiscal Quarter.

Consolidated Net Worth. Borrower will at At the end of each fiscal quarter maintain Consolidated Net Worth in an amount of not less than the sum of (i) $625,000,000 625,000,000, plus (ii) fifty percent (50%) of the aggregate Consolidated Net Income, if positive, for the period beginning January 1, 2005 and ending on the last day of such fiscal quarter.