Common use of Consolidated Net Worth Clause in Contracts

Consolidated Net Worth. The Borrower will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) U.S.$200,000,000, plus (b) an aggregate amount equal to 25% of its Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal quarter beginning with the fiscal quarter ended March 31, 2003.

Consolidated Net Worth. The Borrower will not, at any time, not permit Consolidated Net Worth at any time to be less than the sum of (ai) U.S.$200,000,000, $300,000,000 plus (bii) an aggregate amount equal to 2550% of its Consolidated Net Income (but, in each case, only if without reduction for a positive numbernet loss) for each completed fiscal quarter beginning with of the fiscal quarter ended March Borrower ending on or after December 31, 20032001.

Consolidated Net Worth. The Borrower Obligors will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) U.S.$200,000,000$500,000,000, plus (b) an aggregate amount equal to 25% of its Consolidated Net Income (but, in each case, but only if a positive number) for each completed fiscal quarter quarter, beginning with the fiscal quarter ended March 31ending on November 30, 20032010.

Consolidated Net Worth. The Borrower will notnot permit its ---------------------- Consolidated Net Worth, at any timetime during any Fiscal Year, permit Consolidated Net Worth to be less than an amount equal to the sum of (ai) U.S.$200,000,000, $8,000,000 plus (bii) an aggregate amount equal to 25---- 50% of its Consolidated Net Income for the period from the date hereof to the date of determination thereof (but, in each case, only if a positive number) for each completed fiscal quarter beginning with the fiscal quarter ended March 31, 2003positive).

Consolidated Net Worth. The Borrower will not, at any time, not permit its Consolidated Net Worth at any time to be less than the sum of (a) U.S.$200,000,000, $1,500,000,000 plus (b) an aggregate amount equal to 2550% of its Consolidated Net Income (but, in each case, only if a positive numberConsolidated Net Income is positive) or zero (if Consolidated Net Income is negative) for each completed fiscal quarter beginning with the fiscal quarter ended March ending on or after December 31, 20032004.

Consolidated Net Worth. The Borrower will not, at any time, not permit Consolidated Net Worth at any time to be less than the sum of (ai) U.S.$200,000,000$800,000,000, plus (bii) an aggregate amount equal to 25% of its cumulative Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal quarter of the Borrower (beginning with the fiscal quarter ended March 31ending September 30, 20032004) for which Consolidated Net Income is positive and (iii) 100% of the Net Cash Proceeds of any common equity issued by the Borrower after the Effective Date.

Consolidated Net Worth. The Borrower will not, at any time, not permit the Consolidated Net Worth at any time to be less than the sum of (ai) U.S.$200,000,000, plus $550,000,000 and (bii) an aggregate amount equal to 2550% of its Consolidated Net Income (but, in each case, only if a positive number) of the Borrower and its Subsidiaries for each completed fiscal quarter year of the Borrower (beginning with the fiscal quarter ended March year ending December 31, 20032011) for which such Consolidated Net Income is positive.

Consolidated Net Worth. The Borrower will not, at any time, not permit its Consolidated Net Worth at any time to be less than the sum of (ai) U.S.$200,000,000, $163,725,000 plus (bii) an aggregate amount equal to 2550% of its Consolidated Net Income (but, in each case, only if to the extent a positive number) for each completed fiscal quarter beginning with ending after the fiscal quarter ended March 31, 2003Closing Date plus (iii) 100% of the net proceeds of any equity offering (or any debt offering to the extent converted into equity) by the Borrower.

Consolidated Net Worth. The Borrower will not, at any time, not permit its Consolidated Net Worth at any time to be less than the sum of (a) U.S.$200,000,000, $1,126,000,000 plus (b) an aggregate amount equal to 2550% of its Consolidated Net Income (but, in each case, only if a positive numberConsolidated Net Income is positive) or zero (if Consolidated Net Income is negative) for each completed fiscal quarter beginning with ending after the fiscal quarter ended March 31, 2003date hereof.

Consolidated Net Worth. The Borrower will not, at any time, not permit Consolidated Net Worth at any time to be less than the sum of (a) U.S.$200,000,000, $50,000,000 plus (bii) an aggregate amount equal to 25% on a cumulative basis, fifty percent (50%) of its positive Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal quarter beginning with the fiscal quarter ended March 3129, 20031997. 9.

Consolidated Net Worth. The Borrower will not, at any time, not permit the Consolidated Net Worth at any time to be less than the sum of (ai) U.S.$200,000,000, plus $811,000,000 and (bii) an aggregate amount equal to 2550% of its Consolidated Net Income (but, in each case, only if a positive number) of the Borrower and its Subsidiaries for each completed fiscal quarter year of the Borrower (beginning with the fiscal quarter ended March year ending December 31, 20032012) for which such Consolidated Net Income is positive.

Consolidated Net Worth. The Borrower will not, at and will not cause or permit any timeof its Subsidiaries to, directly or indirectly, permit Consolidated Net Worth at any time to be less than the sum of (a) U.S.$200,000,000, $450,000,000 plus (b) an aggregate amount equal to 2550% of its the aggregate of Consolidated Net Income (butfrom January 1, in each case, only if a positive number) for each completed fiscal quarter beginning with 1997 to the fiscal quarter ended March 31, 2003date of determination.

Consolidated Net Worth. The Borrower will not, at any time, not permit its Consolidated Net Worth Worth, , to be less than the sum $28,000,000 plus fifty (50%) of (a) U.S.$200,000,000, plus (b) an aggregate amount equal to 25% of its Borrower's Consolidated Net Income (but, in each case, only if a positive number) for calculated on a cumulative basis commencing with the quarter ending August 31, 1997, and measured as of the last day of each completed fiscal quarter beginning with the fiscal quarter ended March 31, 2003thereafter.

Consolidated Net Worth. The Borrower will notnot permit, at any time, permit time Consolidated Net Worth to be less than the sum of (ai) U.S.$200,000,000, $95 million plus (bii) as of the end of each fiscal quarter to occur after September 30, 1997, an aggregate amount equal to 25% fifty percent (50%) of its Consolidated Net Income (but, in each case, only if a positive numberbut not less than zero) for each completed fiscal quarter beginning with the fiscal quarter ended March 31then ended, 2003such increases to be cumulative plus (iii) an amount equal to one hundred percent (100%) of the net proceeds from Equity Transactions occurring after September 30, 1997.

Consolidated Net Worth. The Borrower will not, at any time, not permit its Consolidated Net Worth at any time to be less than the sum of (a) U.S.$200,000,000, plus (b) an aggregate amount equal to 25$163,897,000, plus 75% of its positive Consolidated Net Income (but, in each case, only if on a positive number) cumulative basis for each completed all fiscal quarter beginning quarters of the Borrower commencing with the fiscal quarter ended March 31ending on November 30, 2003.2005 (provided, that if 58

Consolidated Net Worth. The Borrower will not, at any time, not permit its Consolidated Net Worth at any time to be less than the sum of (a) U.S.$200,000,000, $38,000,000 plus (b) an aggregate amount equal to 25% of its cumulative positive Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal quarter beginning with the fiscal quarter ended arising after March 31, 20032001.

Consolidated Net Worth. The Borrower will not, not permit at any time, permit time Consolidated Net Worth to be less than the sum of (ai) U.S.$200,000,000, plus $958,278,000 and (bii) an aggregate amount equal to 2550% of the net income (if positive) of the Borrower and its Consolidated Net Income Subsidiaries (but, determined on a consolidated basis without duplication in each case, only if a positive numberaccordance with GAAP) for each completed fiscal quarter beginning of the Borrower commencing with and including the fiscal quarter ended ending March 3126, 2003.2000. Credit Agreement

Consolidated Net Worth. The Borrower will not, at any time, not permit its Consolidated Net Worth at any time to be less than the sum of (ai) U.S.$200,000,000, $98,873,000 plus (bii) an aggregate amount equal to 2550% of its Consolidated Net Income (but, in each case, only if to the extent a positive number) for each completed fiscal quarter beginning with the fiscal quarter ended March ending after December 31, 20032006 plus (iii) 100% of the proceeds of any equity offering (or any debt offering to the extent converted into equity) by the Borrower occurring after December 31, 2006.

Consolidated Net Worth. The Borrower will not, at any time, not permit its Consolidated Net Worth at any time to be less than the sum of (a) U.S.$200,000,000, $14,500,000 plus (b) an aggregate amount equal to 25% of its cumulative positive Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal quarter beginning with the fiscal quarter ended arising after March 31, 20032002.

Consolidated Net Worth. The Borrower will not, at any time, not permit Consolidated Net Worth at any time to be less than the sum of (ai) U.S.$200,000,000$800,000,000, plus (bii) an aggregate amount equal to 25% of its cumulative Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal quarter of the Borrower (beginning with the fiscal quarter ended March 31ending September 30, 20032000) for which Consolidated Net Income is positive and (iii) 100% of the Net Cash Proceeds of any common equity issued by the Borrower after the Effective Date.

Consolidated Net Worth. The Borrower will not, not permit at any time, permit time Consolidated Net Worth to be less than the sum of (ai) U.S.$200,000,000, plus $958,278,000 and (bii) an aggregate amount equal to 2550% of the net income (if positive) of the Borrower and its Consolidated Net Income Subsidiaries (but, determined on a consolidated basis without duplication in each case, only if a positive numberaccordance with GAAP) for each completed fiscal quarter beginning of the Borrower commencing with and including the fiscal quarter ended ending March 3126, 20032000.

Consolidated Net Worth. The Borrower Obligors will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) U.S.$200,000,000$160,000,000, plus (b) an aggregate amount equal to 2540% of its Consolidated Net Income Earnings (but, in each case, only if a positive number) for each completed fiscal quarter beginning with the fiscal quarter ended March 31ending September 30, 20032001. Section 10.3.

Consolidated Net Worth. The Borrower will not, not at any time, time permit its Consolidated Net Worth to be less than the sum of (ai) U.S.$200,000,000, $1,044,500,000 plus (bii) an aggregate amount equal to 25% of its Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal quarter beginning with the fiscal quarter ended March year ending on or subsequent to December 31, 20032004, for which Consolidated Net Income is positive.

Consolidated Net Worth. The Borrower Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) U.S.$200,000,000, $219,257,000 plus (b) an aggregate amount equal to 25% of its Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal quarter beginning with the fiscal quarter ended March December 31, 2003.

Consolidated Net Worth. The Borrower Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) U.S.$200,000,000, plus (b) an aggregate amount equal to 25% of its Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal quarter beginning with the fiscal quarter ended March 31, 2003.

Consolidated Net Worth. The Borrower will not, at any time, not permit its Consolidated Net Worth at any time to be less than the sum of (ai) U.S.$200,000,000, $59,843,400 plus (bii) an aggregate amount equal to 2550% of its Consolidated Net Income (but, in each case, only if to the extent a positive number) for each completed fiscal quarter beginning with ending after June 30, 2003 plus (iii) 100% of the fiscal quarter ended March 31, 2003proceeds of any equity offering (or any debt offering to the extent converted into equity) by the Borrower.

Consolidated Net Worth. The Borrower will not, at any time, not permit Consolidated Net Worth at any time to be less than the sum of (ai) U.S.$200,000,000, $70,000,000 plus (bii) an aggregate amount equal to 25% on a cumulative basis, fifty percent (50%) of its positive Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal quarter beginning with the fiscal quarter ended March 3128, 20031998.

Consolidated Net Worth. The Borrower will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) U.S.$200,000,000$50,000,000, plus (b) an aggregate amount equal to 2550% of its Consolidated Net Income (but, in each case, case only if a positive number) for each completed fiscal quarter of the Borrower beginning with the fiscal quarter ended March August 31, 20031996.