Maintenance of Minimum Net Worth. Indemnitor covenants and agrees with Indemnitee that it shall maintain at all times a net worth (determined without regard to Indemnitor’s limited partner interest in Borrower) of no less than the maximum amount of any Lender Claim for which Indemnitee could seek indemnification pursuant to Section 2.1 hereof should an event described in Section 1.1 hereof occur; provided that the amount of such potential Lender Claim shall be determined without regard to any assets of the Borrower that could be used to satisfy such potential Lender Claim.
Maintenance of Minimum Net Worth. Until the Obligations are paid in full, Performance Guarantor covenants to Beneficiary that Performance Guarantor will not permit its Net Worth (as defined below) to be less than $4,100,000,000 at any time. For purposes of this Section 7, “Net Worth” means, at any time, the consolidated stockholder’s equity of Performance Guarantor and its Subsidiaries calculated on a consolidated basis as of such time in accordance with generally accepted accounting principles in effect in the United States from time to time.
Maintenance of Minimum Net Worth. Seller agrees to maintain a minimum net worth of at least Ten Million and No/100 U.S. Dollars (US $10,000,000.00) until the later to occur of (i) three (3) years from the Closing Date and (ii) the date on which the applicable statute of limitations bars any claim for Taxes.
Maintenance of Minimum Net Worth. The Seller shall maintain a minimum Net Worth in excess of 90% of the Seller's Net Worth at February 1, 1997, before giving effect to any inventory adjustments relating to the acquisition of Chadwicks.
Maintenance of Minimum Net Worth. Paragraph 6D of the Original Agreement is hereby amended and restated in its entirety as follows: "The Company shall not, and shall not permit any of its Subsidiaries to permit Adjusted Net Worth of the Company, as of the end of any Fiscal Quarter of the Company, to be less than (a) 90% of the Net Worth of the Company as of June 30, 2002, increasing at the end of fiscal 2002 by 50% of Consolidated Net Income from July 1, 2002 to the end of fiscal 2002; provided that no adjustment shall be made for any period in which the Company has negative Consolidated Net Income."
Maintenance of Minimum Net Worth. (a) In order to ensure that Seller will have the financial ability to perform its obligations under this Agreement, Seller agrees it will, at all times from the date hereof through the tenth anniversary of the Closing Date, maintain a Net Worth of at least $235,000,000. As used herein, the term "Net Worth" means total assets less total liabilities, determined in accordance with generally accepted Australian accounting principles, consistently applied. For purposes of determining Net Worth, there shall be excluded from total assets any note of, or receivable owing from, any affiliate of Seller (other than a wholly owned subsidiary of Seller).
