Common use of Maximum Net Loss Clause in Contracts

Maximum Net Loss. Borrowers covenant that they will achieve as of the last day of each fiscal quarter consolidated net (loss) before tax for the respective periods set forth below, as follows (i) in respect of the fiscal quarter ending March 31, 2009, not greater than ($15,000,000); (ii) in respect of the fiscal quarter ending June 30, 2009, not greater than ($10,000,000); (iii) in respect of the fiscal quarter ending September 30, 2009, not greater than ($10,000,000); and (Iv) in respect of the fiscal quarter ending December 31, 2009, not greater than ($10,000,000).