Fail to maintain Sample Clauses

Fail to maintain. (a) Net Worth. Net Worth of at least the applicable amount set forth below as of each date set forth below: Date Net Worth The last day of the second (-$13,500,000) quarter of the 1998 fiscal year The last day of the third (-$13,200,000) quarter of the 1998 fiscal year The last day of the fourth (-$12,500,000) quarter of the 1998 fiscal year The last day of the first (-$12,000,000) quarter of the 1999 fiscal year The last day of the second (-$11,500,000) quarter of the 1999 fiscal year The last day of the third (-$11,000,000) quarter of the 1999 fiscal year The last day of the fourth (-$10,000,000) quarter of the 1999 fiscal year and the last day of each fiscal quarter thereafter
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Fail to maintain. (a) Current Ratio. A ratio of Consolidated Current Assets divided by Consolidated Current Liabilities of at least 1.0:1.0, measured on a fiscal quarter-end basis; and
Fail to maintain. (a) Operating Income. Operating Income of at least the following amounts, measured on a cumulative basis for the period from the beginning of a calendar year to each calendar quarter end set forth below: 3/31/98 ($5,500,000) 6/30/98 ($7,375,000) 9/30/98 ($7,425,000) 12/31/98 ($5,090,000) provided that, thereafter, upon receipt of the financial projections required to be delivered to Foothill pursuant to Section 6.3 (fourth paragraph) hereof for each fiscal year, the Borrower and Foothill shall negotiate in good faith to determine the minimum Operating Income as of the end of each fiscal quarter covered by such financial projections and, in the event that the Borrower and Foothill are unable to agree upon the amounts of such Operating Income on or before the date that is 30 days after the date that Foothill has received such projections, the Operating Income at the end of each fiscal quarter of the fiscal year covered by such financial projections shall not be less than the amount set forth for the corresponding fiscal quarter end set forth above plus 10% of such amount.
Fail to maintain. Minimum EBITDA. EBITDA, measured on a fiscal month-end basis, of not less than the required amount set forth in the following table for the applicable period set forth opposite thereto; Applicable Amount Applicable Period $(4,500) For the 1 month period ending July 31, 2002 $38,000 For the 2 month period ending August 31, 2002 $110,000 For the 3 month period ending September 30, 2002 $331,000 For the 4 month period ending October 31, 2002 $465,000 For the 5 month period ending November 30, 2002 $632,000 For the 6 month period ending December 31, 2002 $832,000 For the 7 month period ending January 31, 2003 $1,098,000 For the 8 month period ending February 28, 2003 $1,404,000 For the 9 month period ending March 31, 2003 $1,734,000 For the 10 month period ending April 30, 2003 $2,085,000 For the 11 month period ending May 31, 2003 $2,426,000 For the 12 month period ending June 30, 2003 $2,713,000 For the 12 month period ending July 31, 2003 $3,000,000 For the 12 month period ending each fiscal month during the period commencing on August 1, 2003 and ending on December 31, 2003 $4,000,000 For the 12 month period ending each fiscal month during the period commencing on January 1, 2004 and ending on the Maturity Date Tangible Net Worth. Tangible Net Worth of at least the required amount set forth in the following table as of the applicable date set forth opposite thereto: Applicable Amount Applicable Date $31,300,000 July 31, 2002 $31,100,000 August 31, 2002 $30,900,000 September 30, 2002 $30,700,000 October 31, 2002 $30,600,000 November 30, 2002 $30,500,000 December 31, 2002 $30,400,000 At the end of each fiscal month during the period commencing on January 1, 2003 and ending on the Maturity Date Excess Availability. Excess Availability of not less than the amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Date $2,500,000 At all times prior to and including October 31, 2002 $1,500,000 At all times from and including November 1, 2002 until and including January 31, 2003 $1,000,000 At all times after and including February 1, 2003 Equipment. Appraised value that is estimated to be recoverable in an orderly liquidation of Borrowers' Equipment of not less than the amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Date $4,000,000 At all times prior to and including July 31, 2002 until and including July 31, 2003 $3,200,000...
Fail to maintain. (a) Minimum EBITDA. EBITDA of at least the amount set forth in the table below, measured on a Fiscal Month-end basis for Fiscal Year to such date, as of the applicable date set forth in the table below;
Fail to maintain. (a) (i) as of the end of each fiscal quarter during the period commencing on the Closing Date and ending November 30, 2001, trailing twelve month Borrowing Base EBITDA of at least $7,500,000; and (ii) as of the end of each fiscal quarter during the period beginning with February 28, 2002 and each fiscal quarter thereafter, trailing twelve month Borrowing Base EBITDA of at least $8,500,000.
Fail to maintain. (a) For the prior three (3) months for the period ending June 30, 2000, EBITDA equal to or greater than negative One Million Three Hundred Thousand Dollars (-$1,300,000);
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Fail to maintain. Current Ratio. A ratio of Consolidated Current Assets divided by Consolidated Current Liabilities of at least .25: 1.0, measured on a fiscal quarter-end basis; Tangible Net Worth. Tangible Net Worth of at least ($9,000,000), measured on a fiscal quarter-end basis;
Fail to maintain. (a) at all times, the Debt to ERRV Ratio at not more than 30%,
Fail to maintain. (a) Tangible Net Worth for the relevant fiscal quarter of not less than the relevant amount set forth in the following table, measured on a fiscal quarter-end basis: Period Ending Minimum Tangible Net Worth 12/31/01 $ 93,100,000 03/31/02 $ 94,700,000 06/30/02 $ 97,700,000 09/30/02 $ 101,000,000 12/31/02 $ 112,000,000 03/31/03 $ 115,000,000 06/30/03 $ 118,000,000 09/30/03 $ 122,000,000 12/31/03 $ 134,000,000 03/31/04 and each fiscal quarter thereafter $ 155,000,000 (b) Required Availability, measured at any time.
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