Common use of Consolidated Tangible Net Worth Clause in Contracts

Consolidated Tangible Net Worth. The Company will not permit Consolidated Tangible Net Worth at any time to be less than the sum of (a) $30,625,000 plus (b) 50% of Consolidated Adjusted Net Income (but only if positive) for each Fiscal Quarter ending after December 31, 1992.

Consolidated Tangible Net Worth. The Company will not permit Consolidated Tangible Net Worth at any time to be less than the sum of (a) $30,625,000 71,000,000 plus (b) 50% of Consolidated Adjusted Net Income (but only if positive) for each Fiscal Quarter ending after December 31, 1992.

Consolidated Tangible Net Worth. The Company will not not, at any time, permit Consolidated Tangible Net Worth at any time to be less than the sum of (ai) $30,625,000 200,178,000, plus (bii) 50% of Consolidated Adjusted Net Income the consolidated net income of the Company and its Subsidiaries (but only if positivea positive number) for each Fiscal Quarter ending fiscal quarter of the Company ended after December 31June 30, 19922008 through and including the most recently ended fiscal quarter of the Company at such time, plus (iii) 100% of the net proceeds from any Equity Offering of the Company consummated after June 30, 2008.

Consolidated Tangible Net Worth. The Company will not permit its Consolidated Tangible Net Worth at any time to be less than $350,000,000 plus the cumulative sum of (a) $30,625,000 plus (b) 50% of Consolidated Adjusted Net Income (but only if positivea positive number) for each Fiscal Quarter fiscal quarter ending after December 31July 2, 19922005.

Consolidated Tangible Net Worth. The Company will not not, at any time, permit Consolidated Tangible Net Worth at any time to be less than the sum of (ai) $30,625,000 167,500,000, plus (bii) 50% of Consolidated Adjusted Net Income the consolidated net income of the Company and its Subsidiaries (but only if positivea positive number) for each Fiscal Quarter ending fiscal quarter of the Company ended after December 31, 19922006 through and including the most recently ended fiscal quarter of the Company at such time, plus (iii) 100% of the net proceeds from any Equity Offering of the Company consummated after the date of the amendment and restatement hereof.

Consolidated Tangible Net Worth. The Company will not at any time permit Consolidated Tangible Net Worth at any time to be less than the sum of (a) $30,625,000 plus (b) 504,900,000 plus, on a cumulative basis, 60% of positive Consolidated Adjusted Net Income (but only if positive) for each Fiscal Quarter ending after December fiscal quarter of the Company beginning with the fiscal quarter ended March 31, 19921994, with no deductions for losses.

Consolidated Tangible Net Worth. The Company will not permit Consolidated Tangible Net Worth at any time to be less than the sum of (a) $30,625,000 93,000,000 plus (b) 50% of Consolidated Adjusted Net Income (but only if positive) for each Fiscal Quarter ending on or after December 31, 1992the Closing Date.

Consolidated Tangible Net Worth. The Company will not not, at any time, permit Consolidated Tangible Net Worth at any time to be less than the sum of (ai) Three Hundred Fifty Million Dollars ($30,625,000 350,000,000) plus (bii) 50an aggregate amount equal to 25% of the Consolidated Adjusted Net Income (but but, in each case, only if positivea positive number) on a cumulative basis for each Fiscal Quarter completed fiscal year beginning with the fiscal year ending after December 31, 19922002.

Consolidated Tangible Net Worth. The Company will not not, at any time, permit Consolidated Tangible Net Worth at any time to be less than the sum of (ai) $30,625,000 245,00,000, plus (bii) 50% of Consolidated Adjusted Net Income the consolidated net income of the Company and its Subsidiaries (but only if positivea positive number) for each Fiscal Quarter ending fiscal quarter of the Company ended after December 31, 19922009 through and including the most recently ended fiscal quarter of the Company at such time, plus (iii) 100% of the net proceeds from any Equity Offering of the Company consummated after December 31, 2009.”

Consolidated Tangible Net Worth. The Company will not -------------------------------- permit Consolidated Tangible Net Worth at any time to be less than the sum of (a) Consolidated Net Worth as of December 31, 1996 minus (b) $30,625,000 10,000,000 plus (bc) 50% of Consolidated Adjusted Net Income (but only if positive) for each Fiscal Quarter fiscal year, commencing with the fiscal year ending after December 31, 19921997, during which Consolidated Net Income is positive.

Consolidated Tangible Net Worth. The Company will not permit permit, ------------------------------- at any time, its Consolidated Tangible Net Worth at any time to be less than the sum lesser of (a) $30,625,000 72,000,000 plus (b) the cumulative sum of 50% of Consolidated Adjusted Net Income (but only if positivewithout reduction for any losses) for each Fiscal Quarter ending after subsequent to December 31, 19921994, or (b) $135,000,000."

Consolidated Tangible Net Worth. The Company will not not, at any time, permit Consolidated Tangible Net Worth at any time to be less than the sum of (ai) $30,625,000 101,000,000, plus (bii) 50% of Consolidated Adjusted Net Income the consolidated net income of the Company and its Subsidiaries (but only if positivea positive number) for each Fiscal Quarter ending fiscal quarter of the Company ended after December 31September 30, 19922003 through and including the most recently ended fiscal quarter of the Company at such time, plus (iii) 100% of the net proceeds from any Equity Offering of the Company consummated after the date of this Agreement.

Consolidated Tangible Net Worth. The Company will shall not permit Consolidated its consolidated Tangible Net Worth at any time during any fiscal quarter to be less than the sum of (a) $30,625,000 174,200,000, plus (b) 50% of Consolidated Adjusted Net Income net earnings (but only if positivewithout reduction for losses) for each Fiscal Quarter ending accrued after December March 31, 19921997, plus 75% of the net proceeds of any new common stock issued by the Company.

Consolidated Tangible Net Worth. The Company will not at any time --------------------------------- permit Consolidated Tangible Net Worth at any time to be less than the sum of (ai) $30,625,000 34,000,000 plus (bii) fifty percent (50% %) of Consolidated Adjusted Cumulative Net Income (but only if positive) for each Fiscal Quarter ending after December 31, 1992Earnings.

Consolidated Tangible Net Worth. The Company will not not, at any time, permit Consolidated Tangible Net Worth at any time to be less than the sum of (ai) $30,625,000 101,000,000, plus (bii) 50% of Consolidated Adjusted Net Income the consolidated net income of the Company and its Subsidiaries (but only if positivea positive number) for each Fiscal Quarter ending fiscal quarter of the Company ended after December 31September 30, 19922003, through and including the most recently ended fiscal quarter of the Company at such time, plus (iii) 100% of the net proceeds from any Equity Offering of the Company consummated after February 25, 2004.

Consolidated Tangible Net Worth. The Company will not permit Consolidated Tangible Net Worth at any time to be less than the sum of (ai) $30,625,000 40,000,000 plus (bii) 50% of Consolidated Adjusted GAAP Net Income (but only if positivewithout giving effect to any losses) for each Fiscal Quarter ending beginning on or after December May 31, 19921998 plus (iii) 75% of the Net Equity Proceeds from any equity offering by the Company or any of its Subsidiaries after May 31, 1998.