Maximum Losses. Not suffer any EBITDA loss in excess of $3,000,000.00 on a cumulative basis for all quarterly or monthly periods, as applicable, in calendar year 2009, and beginning in 2010, this covenant shall be calculated based on a rolling twelve-month period.”
Maximum Losses. Section 7 of the Loan Agreement is hereby amended by inserting the following Section 7.4 at the end of such Section:
Maximum Losses. Incur a consolidated net loss (calculated exclusive of extraordinary gains but inclusive of extraordinary losses as calculated in accordance with GAAP) for any fiscal quarter or any fiscal year.
Maximum Losses. Not suffer any net loss plus non-cash expenses (except for depreciation and amortization) as indicated in Borrower’s financial statements prepared in accordance with GAAP in excess of (i) $11,500,000 for the quarter ending December 31, 2005, (ii) $10,500,000 for the quarter ending Xxxxx 00, 0000, (xxx) $8,500,000 for the quarter ending June 30, 2006, (iv) $7,000,000 for the quarter ending September 30, 2006 and (v) $5,000,000 for each quarter ending thereafter.
Maximum Losses. AEI and its consolidated Subsidiaries shall not incur, or permit to be incurred, losses taken as a whole, in respect of any fiscal quarter, at any time to exceed the maximum amounts indicated below in respect of the corresponding periods noted below: Maximum Losses Fiscal Quarter Ending -------------- --------------------- $24,000,000.00 November 30, 1996 $20,000,000.00 February 28, 1997 $ 2,000,000.00 May 31, 1997 None August 31, 1997 and each of Borrowers' fiscal quarters thereafter"
Maximum Losses. Borrower may suffer losses, provided such losses do not exceed $12,000,000 in aggregate for the period of October 1, 1999 through September 30, 2000, provided, that no loss in any single quarter to exceed $4,000,000.
Maximum Losses. The Consolidated Net Income of Borrower and its Subsidiaries, on a consolidated basis, as of the last day of each period set forth below shall not be less than the amount set forth below opposite such period: Period Monthly Stop Loss Maximum Cumulative Year-To-Date Loss January 1, 2010 to January 31, 2010 ($700,000) February 1, 2010 to February 28, 2010 ($700,000) March 1, 2010 to March 31, 2010 ($700,000) January 1, 2010 to March 31, 2010 ($1,799,000) April 1, 2010 to April 1, 2010 ($500,000) May 1, 2010 to May 31, 2010 ($500,000) June 1, 2010 to June 30, 2010 ($500,000) January 1, 2010 to June 30, 2010 ($2,875,000) July 1, 2010 to July 31, 2010 ($550,000) August 1, 2010 to August 31, 2010 ($550,000) September 1, 2010 to September 30, 2010 ($550,000) January 1, 2010 to September 30, 2010 ($4,224,000) October 1, 2010 to October 31, 2010 ($250,000) November 1, 2010 to November 30, 2010 ($250,000) December 1, 2010 to December 31, 2010 ($250,000) January 1, 2010 to December 31, 2010 ($4,215,000)”
Maximum Losses. Borrower shall not show a loss (measured on a consolidated basis in accordance with GAAP) in excess of the following amounts for any of the corresponding quarters: ---------------------------------- ------------------------- QUARTER ENDING MAXIMUM LOSS ---------------------------------- ------------------------- March 31, 2003 ($1,250,000) June 30, 2003 ($750,000) September 30, 2003 ($250,000) ---------------------------------- ------------------------- Borrower shall show a profit of at least One Dollar ($1.00) for the quarter ending December 31, 2003 and for each quarter thereafter.
Maximum Losses. The Consolidated Net Income of Borrower and its Subsidiaries, on a consolidated basis, as of the last day of each period set forth below shall not be less than the amount set forth below opposite such period: Period Monthly Stop Loss Maximum Cumulative Year-To-Date Loss January 1, 2011 to January 31, 2011 ($424,000) February 1, 2011 to February 28, 2011 ($424,000) March 1, 2011 to March 31, 2011 ($424,000) January 1, 2011 to March 31, 2011 ($886,000) April 1, 2011 to April 30, 2011 ($404,000) May 1, 2011 to May 31, 2011 ($404,000) June 1, 2011 to June 30, 2011 ($404,000) January 1, 2011 to June 30, 2011 ($1,725,000) July 1, 2011 to July 31, 2011 ($272,000) August 1, 2011 to August 31, 2011 ($272,000) September 1, 2011 to September 30, 2011 ($272,000) January 1, 2011 to September 30, 2011 ($2,216,000) October 1, 2011 to October 31, 2011 $10,000 November 1, 2011 to November 30, 2011 $10,000 December 1, 2011 to December 31, 2011 $10,000 January 1, 2011 to December 31, 2011 ($1,706,000) January 1, 2012 to January 31, 2012 ($382,000) February 1, 2012 to February 28, 2012 ($382,000) March 1, 2012 to March 31, 2012 ($382,000) January 1, 2012 to March 31, 2012 ($797,000) On or prior to March 31, 2012, Lender shall establish new levels for minimum Consolidated Net Income (or maximum losses) for the months ending April 30, 2012 through and including March 31, 2013, the quarters ending June 30, 2012 through and including March 31, 2013 and the fiscal year ending December 31, 2012, in each case based on the Projections which are to be delivered to Lender on or prior to February 15, 2012 in accordance with Section 5.6(i) hereof, and on or prior to March 31, 2013, Lender shall establish new levels for minimum Consolidated Net Income (or maximum losses) for the months ending April 30, 2013 through and including June 30, 2013, and the quarters ending June 30, 2013 through and including June 30, 2013, in each case based on the Projections which are to be delivered to Lender on or prior to February 15, 2013 in accordance with Section 5.6(i) hereof, provided that, in each case, such Projections are in reasonable detail and in a format consistent with the Projections delivered by Borrower to Lender on or about February 15, 2011.”
Maximum Losses. Notwithstanding anything to the contrary in this Agreement, each of Buyer’s and Seller’s aggregate liability under this Agreement for Losses or otherwise (including, without limitation, for any breach of covenant, representation, warranty, indemnity, defense obligation or other obligation under this Agreement) shall not exceed the sum of the Cash Payment; provided, however, there shall be no such limitation on Buyer’s, on the one hand, and Seller’s, on the other hand, aggregate liability under this Agreement for Losses or otherwise (including, without limitation, for any breach of covenant, representation, warranty, indemnity, defense obligation or other obligation under this Agreement) resulting, directly or indirectly, from such party’s fraud or other intentional act; and there shall be no such limitation on Buyer’s, on the one hand, and Seller’s, on the other hand, aggregate liability under this Agreement for Losses or otherwise (including, without limitation, for any breach of covenant, representation, warranty, indemnity, defense obligation or other obligation under this Agreement) resulting, directly or indirectly, from any breach of Section 7.1.
