Common use of Consolidated Net Worth Clause in Contracts

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and (b) an aggregate amount equal to 25% of its Consolidated Net Income (but, each case, only if a positive number) for each completed fiscal year ending after June 4, 2003.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 45,000,000, plus (b) an aggregate amount equal to 2530% of its Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal year ending after June 4quarter subsequent to December 3, 20031995.

Consolidated Net Worth. The Company will not, at any time, not permit its Consolidated Net Worth to be less than at any time the sum of (ai) $300,000,000 and 3,000,000,000 plus (bii) an aggregate amount equal to 2550% of its Consolidated Net Income (but, each case, only if a positive numberpositive) of the Company for each completed fiscal year quarter ending after June 4March 31, 20032012 plus (iii) an amount equal to 50% of the net cash proceeds received by the Company from any issuance of common or preferred equity interests of the Company consummated after March 31, 2012.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 275,000,000, plus (b) an aggregate amount equal to 2550% of its Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal year ending after June 4quarter beginning with the fiscal quarter ended December 31, 20032000.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 750,000,000, plus (b) an aggregate amount equal to 2550% of its Consolidated Net Income Earnings (but, in each case, only if a positive number) for each completed fiscal year quarter beginning with the fiscal quarter ending after June 4March 31, 2003.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 725,000,000, plus (b) an aggregate amount equal to 2520% of its Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal year quarter beginning with the fiscal quarter ending after June 4July 31, 20032002.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 180,000,000, plus (b) an aggregate amount equal to 2550% of its Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal year ending after June 4quarter beginning with the fiscal quarter ended March 31, 20031998.

Consolidated Net Worth. The Company will not, at any time, not permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 60,000,000, plus (b) an aggregate amount equal to 2535% of its Consolidated Net Income on a cumulative basis (but, in each case, only if a positive number) for each completed fiscal year ending after June 4beginning with the fiscal year ended May 31, 20031997.

Consolidated Net Worth. The Company will not, at any time, shall not permit Consolidated Net Worth at any time to be less than the sum of (ai) $300,000,000 and 400,000,000, increased on a cumulative basis as of the end of each fiscal quarter of the Company, commencing with the fiscal quarter ending June 30, 2005 by (bii) an aggregate amount equal to 2550% of its the Consolidated Net Income (butIncome, each caseto the extent positive with no deductions for losses, only if a positive number) for each completed the fiscal year ending after June 4, 2003quarter then ended plus an amount equal to 100% of the net cash proceeds from any Equity Issuances.

Consolidated Net Worth. The Company will not, at any time, shall not permit its Consolidated Net Worth as of the end of any fiscal quarter to be less than the sum of (a) $300,000,000 and 208,350,000 plus (b) an aggregate amount equal to 25% seventy-five percent (75%) of its Consolidated Net Income (but, each case, only if a positive number) for each completed fiscal year quarter (with no deduction for losses), commencing with the fiscal quarter ending after June 430, 20031999, plus (c) one hundred percent (100%) of the net proceeds received by the Company from the issuance of new Capital Stock subsequent to the Closing Date.

Consolidated Net Worth. The Company will not, not at any time, time permit the Consolidated Net Worth to be less than the sum of (ai) $300,000,000 and 150,000,000, (bii) an aggregate amount equal to 2550% of consolidated net income of the Company and its Consolidated Net Income (but, each case, only if a positive number) Subsidiaries for each completed fiscal year of the Company (beginning with the fiscal year ending after on or nearest to June 430, 20032006) for which such consolidated net income is positive and (iii) 50% of the Net Proceeds of any Equity Issuance.

Consolidated Net Worth. The Company will not, at any time, not permit Consolidated Net Worth at the end of any fiscal quarter of the Company to be less than the sum of (ai) Three Hundred Twenty-five Million Dollars ($300,000,000 325,000,000) and (bii) an aggregate amount equal to twenty-five percent (25% %) of its Consolidated Net Income (butearned after December 31, each case, only if a positive number) for each completed fiscal year ending after June 4, 20031995.

Consolidated Net Worth. The Company will not, not at any time, time permit Consolidated Net Worth to be less than the sum at such time of (a) $300,000,000 US$5,250,000,000 and (b) an aggregate amount equal to 2550% of its the Company’s Consolidated Net Income (but, each case, only if a positive number) for each completed fiscal year ending after June 4, 2003quarter of the Company for which Consolidated Net Income is positive and for 69 which financial statements shall have been delivered under Section 5.01(a) or (b) commencing with the fiscal quarter during which the Spin-Off shall have been consummated.

Consolidated Net Worth. The Company will not, not at any time, time permit Consolidated Net Worth to be less than the sum at such time of (a) $300,000,000 US$3,500,000,000 and (b) an aggregate amount equal to 25commencing with the fiscal quarter beginning on October 1, 2007, 50% of its the Company’s Consolidated Net Income (but, each case, only if a positive number) for each completed fiscal year ending after June 4, 2003quarter of the Company for which Consolidated Net Income is positive and for which financial statements shall have been delivered under Section 5.01(a) or (b).”

Consolidated Net Worth. The Company will not, at any time, shall not permit its Consolidated Net Worth at any time during any fiscal quarter to be less than the sum of (ai) $300,000,000 and 185,000,000; plus (bii) an aggregate amount equal to 2575% of its Consolidated Net Income (but, each case, only if a positive number) the Company's consolidated net income for each completed fiscal year ending after June 4quarter beginning with the second fiscal quarter of 1998 (with no deduction for losses); plus (iii) 75% of Net Issuance Proceeds of any stock offerings or subordinated debt incurred since March 27, 20031998."

Consolidated Net Worth. The Company will not, at any time, shall not permit its Consolidated Net Worth at the end of any fiscal quarter to be less than the sum of $115,000,000 plus (a) $300,000,000 and 75% of Consolidated Net Income, if positive, subsequent to December 31, 1995, plus (b) an aggregate amount equal to 25100% of its Consolidated Net Income the net cash proceeds from the issuance of any capital stock (butother than stock issued to or in connection with employee or director benefit plans), each caseplus (c) the amount of any conversion of indebtedness to equity by the Company after December 31, only if a positive number) for each completed fiscal year ending after June 4, 20031995.

Consolidated Net Worth. The Company will not, at any time, not permit its Consolidated Net Worth to be less than the sum of $180,000,000.00, plus, in all cases: (a) $300,000,000 and 100% of the net proceeds from the issuance of any capital stock by the Company or any Subsidiary subsequent to the Execution Date at any time during the term hereof, plus (b) an aggregate amount equal to 2575% of the consolidated after tax income (if positive) of the Company and its Consolidated Net Income (butSubsidiaries since July 1, each case, only if a positive number) 1998 for each completed fiscal year ending after June 4, 2003during the term hereof (including any Subsidiaries acquired subsequent hereto)."

Consolidated Net Worth. The Company will not, not at any time, time permit Consolidated Net Worth to be less than the sum of (ai) $300,000,000 and 832,654,000 plus (bii) an aggregate amount equal to 25the sum of 50% of its Consolidated Net Income (but, each case, only if a positive number) of the Company for each completed fiscal year quarter of the Company ending after June 4September 30, 20032002 (but only if Consolidated Net Income for such quarter is positive).

Consolidated Net Worth. The Company will not, at any time, not permit the ---------------------- Consolidated Net Worth at any time to be less than the sum of (ai) $300,000,000 250,000,000 and (bii) an aggregate amount equal to 2550% of consolidated net income of the Company and its Consolidated Net Income Subsidiaries for each fiscal quarter of the Company (butbeginning with the fiscal quarter ending December 31, each case, only if a positive number2005) for each completed fiscal year ending after June 4, 2003which such consolidated net income is positive.

Consolidated Net Worth. The Company will not, not at any time, time permit the Consolidated Net Worth to be less than the sum of (ai) $300,000,000 and (b) 228,000,000 plus, for each fiscal quarter ending after the Effective Date, an aggregate amount equal to 2535% of its the Consolidated Net Income (but, each case, only if a positive numberpositive) for each completed fiscal year ending after June 4, 2003such quarter.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 140,000,000, plus (b) an aggregate amount equal to 25% of its the cumulative sum of Consolidated Net Income for each fiscal quarter ending after May 31, 2001 (but, each case, but only if such cumulative sum is a positive number) for each completed fiscal year ending after June 4, 2003). Section 10.2.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 350,000,000, plus (b) an aggregate amount equal to 2520% of its Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal year ending after June 4, 2003.for

Consolidated Net Worth. The Company will not, at any time, shall not permit its Consolidated Net Worth at any time during any fiscal quarter to be less than the sum of (ai) $300,000,000 and 185,000,000; plus (bii) an aggregate amount equal to 2575% of its Consolidated Net Income (but, each case, only if a positive number) the Company's consolidated net income for each completed fiscal year ending after June 4quarter beginning with the second fiscal quarter of 1998 (with no deduction for losses); plus (iii) 75% of Net Issuance Proceeds of any stock offerings or subordinated debt incurred since March 27, 20031998.

Consolidated Net Worth. The Company will not, at any time, shall not permit its Consolidated Net Worth at any time during any fiscal quarter to be less than the sum of (ai) $300,000,000 and 175,000,000; plus (bii) an aggregate amount equal to 2575% of its Consolidated Net Income (but, each case, only if a positive number) the Company's consolidated net income for each completed fiscal year ending after June 4quarter beginning with the first fiscal quarter of 1996 (with no deduction for losses); plus (iii) 100% of Net Issuance Proceeds of any stock offerings or subordinated debt incurred since December 31, 20031995.

Consolidated Net Worth. The Company will shall not, at as of the close of any timefiscal quarter of the Company, permit Consolidated Net Worth to be less than the sum of (ai) $300,000,000 37,000,000 and (bii) an aggregate amount equal to 2550% of its Consolidated Net Income (but, each case, only if a positive numberpositive) for each completed fiscal year quarter of the Company beginning with the fiscal quarter ending after June 430, 2003.

Consolidated Net Worth. The Company will not, not at any time, time permit the Consolidated Net Worth to be less than the sum of (ai) $300,000,000 and (b) 228,000,000 plus, for each fiscal quarter ending after the Original Effective Date, an aggregate amount equal to 2535% of its the Consolidated Net Income (but, each case, only if a positive numberpositive) for each completed fiscal year ending after June 4, 2003such quarter.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 95,000,000 plus (b) an aggregate amount equal to 2550% of its Consolidated Net Income (but, each case, but only if a positive number) for each completed fiscal year quarter as of such time beginning with the fiscal quarter ending after June 4December 31, 20031998.

Consolidated Net Worth. The Company will not, at any time, not permit Consolidated Net Worth at any time to be less than the sum of (a) $300,000,000 and 270,000,000 plus (b) an aggregate amount equal to 2550% of its Consolidated Adjusted Net Income (but, each case, but only if a positive numberpositive) for each completed fiscal year Fiscal Quarter ending on or after June 4September 30, 20032005 plus (c) 100% of Net Equity Proceeds received after the Closing Date.

Consolidated Net Worth. The Company will not, at any time, not permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 85,000,000, plus (b) an aggregate amount equal to 2535% of its Consolidated Net Income on a cumulative basis (but, in each case, only if a positive number) for each completed fiscal year ending after June 4beginning with the fiscal year ended May 31, 20031998.

Consolidated Net Worth. The Company will not, at any time, not permit its Consolidated Net Worth to be less than the sum of $180,000,000.00, plus, in all cases: (a) $300,000,000 100% of the net cash proceeds received from the issuance of any capital stock by the Company or any Subsidiary subsequent to the Execution Date at any time during the term hereof and (b) an aggregate amount equal to 2575% of the consolidated after tax income (if positive) of the Company and its Consolidated Net Income (butSubsidiaries since July 1, each case, only if a positive number) 1998 for each completed fiscal year ending after June 4, 2003during the term hereof (including any Subsidiaries acquired subsequent hereto).

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 187,200,000, plus (b) an aggregate amount equal to 25% of its Consolidated Net Income (but, each case, but only if a positive number) for each completed fiscal year quarter, beginning with the fiscal quarter ending after June 4March 31, 20032005, ended on or before the date of determination of compliance with this covenant, plus (c) the aggregate amount of Net Proceeds received by the Company subsequent to January 28, 2005 from the sale or other issuance of any capital stock of the Company."

Consolidated Net Worth. The Company will not, not at any time, time permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 430,000,000 plus (b) an aggregate amount equal to 25% of its positive Consolidated Net Income (but, each case, only if a positive number) for each completed fiscal year, beginning with the fiscal year ending after June 4April 24, 20032009, calculated on a cumulative basis for such entire period.

Consolidated Net Worth. The Company will not, not at any time, time permit Consolidated Adjusted Net Worth to be an amount less than the sum of (a) $300,000,000 and 65,000,000 plus (b) an aggregate amount equal to 2550% of its Consolidated Net Income (but, but in each case, case only if a positive number) computed on a cumulative basis for each completed of the elapsed fiscal year quarters for which financial information is available ending on or after June 4March 31, 20031999.

Consolidated Net Worth. The Company will not, at any time, not permit Consolidated Net Worth at any time to be less than the sum of (a) $300,000,000 and plus (b) an aggregate amount equal to 2550% of its Consolidated Net Income (but, each case, only if a positive number) net income accrued for each completed fiscal year ending quarter ended after June 430, 20031999, excluding any quarter for which net income is negative, provided however, that to the extent the Company repurchases its capital stock, the $300,000,000 referred to above will be reduced by the lower of (i) the amount of consideration paid to effect such repurchases and (ii) $50,000,000."

Consolidated Net Worth. The Company will not, not permit the Consolidated ---------------------- Net Worth at any time, permit Consolidated Net Worth time to be less than the sum of (ai) $300,000,000 275,000,000 and (bii) an aggregate amount equal to 2550% of consolidated net income of the Company and its Consolidated Net Income Subsidiaries for each fiscal quarter of the Company (butbeginning with the fiscal quarter ending December 31, each case, only if a positive number2006) for each completed fiscal year ending after June 4, 2003which such consolidated net income is positive.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 50,000,000, plus (b) an aggregate amount equal to 2550% of its Consolidated Net Income Earnings (but, in each case, only if a positive number) for each completed fiscal year quarter beginning with the fiscal quarter ending after June 4October 30, 20031999.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 550,000,000, plus (b) an aggregate amount equal to 2550% of its Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal year ending after June 4quarter beginning with the fiscal quarter ended March 31, 20032008.

Consolidated Net Worth. The Company will not, at as of the last day of any timefiscal quarter of the Company, permit the Consolidated Net Worth to be less than the sum of (ai) $300,000,000 and 200,000,000, (bii) an aggregate amount equal to 2550% of consolidated net income of the Company and its Consolidated Net Income (but, each case, only if a positive number) Subsidiaries for each completed fiscal year of the Company (beginning with the fiscal year ending after on or nearest to June 430, 20032009) for which such consolidated net income is positive and (iii) 50% of the Net Proceeds of any Equity Issuance.

Consolidated Net Worth. The Company will not, at any time, not permit Consolidated Net Worth at any time to be less than the sum of (a) $300,000,000 and 80% of Consolidated Net Worth as of the Effective Date plus (b) an aggregate amount equal to 2550% of its Consolidated Net Income (butIncome, each caseif positive, only if a positive number) for each completed fiscal year quarter ending after June 4, 2003the Effective Date plus (c) 100% of the Net Proceeds Amount received by the Company from any Investment in the equity of the Company made after the Effective Date.

Consolidated Net Worth. The Company will not, at any time, Not permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 90,000,000, plus (b) an aggregate amount equal to 2550% of its positive Consolidated Net Income (but, each case, only if a positive number) for each completed fiscal year Fiscal Quarter beginning with the Fiscal Quarter ending December 31, 2003, plus (c) 75% of the value of Company’s Capital Securities issued in connection with any Acquisition, minus (d) up to $10,000,000 in extraordinary charges for impairment of assets after June 4September 15, 2003 for the Fiscal Year ending December 31, 2003.