Common use of Minimum Consolidated Net Worth Clause in Contracts

Minimum Consolidated Net Worth. The Borrower will at all times maintain Consolidated Net Worth of not less than (i) $200,308,000 plus (ii) 50% of Consolidated Net Income (if positive) earned in each fiscal quarter beginning with the fiscal quarter ending June 30, 2004.

Appears in 2 contracts

Samples: Credit Agreement (Headwaters Inc), Credit Agreement (Headwaters Inc)

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Minimum Consolidated Net Worth. The Borrower will at all ------------------------------ times maintain Consolidated Net Worth of not less than the sum of (i) $200,308,000 74,300,000, plus (ii) 50% of Consolidated Net Income (if positive) earned in each fiscal quarter beginning with the fiscal quarter ending June September 30, 20041999 (without deduction for losses) and (iii) 100% of the net cash proceeds of equity issued by the Borrower on or after July 1, 1999.

Appears in 2 contracts

Samples: Credit Agreement (Transit Group Inc), Acquisition Credit Agreement (Transit Group Inc)

Minimum Consolidated Net Worth. The Borrower will at all times maintain shall not, as of any fiscal quarter end, permit the Consolidated Net Worth of not to be less than the sum of (i) $200,308,000 55,000,000, plus (ii) 50% of Consolidated Net Income the consolidated net income (if positivebut not loss) earned of the Borrower and the Subsidiaries determined in accordance with GAAP for each fiscal quarter beginning with ending after the fiscal quarter ending June 30, 2004Closing Date plus (iii) 75% of the aggregate net cash proceeds of each issuance of Equity Interests by the Borrower or any Subsidiary after the Closing Date.

Appears in 2 contracts

Samples: Credit Agreement (Virtus Investment Partners, Inc.), Security Agreement (Virtus Investment Partners, Inc.)

Minimum Consolidated Net Worth. The Borrower will at all times maintain Maintain a minimum Consolidated Net Worth of not less than (i) $200,308,000 150,000,000 plus (ii) on a cumulative basis, an amount equal to fifty percent (50% %) of the Consolidated Net Income (if positive) earned of Borrower and its Subsidiaries in each fiscal quarter beginning thereafter, commencing with the fiscal quarter ending June 30December 31, 20042005.

Appears in 2 contracts

Samples: Credit and Security Agreement (Pc Connection Inc), Credit and Security Agreement (Pc Connection Inc)

Minimum Consolidated Net Worth. The Borrower will at all times maintain Consolidated Net Worth of not less than (i) $200,308,000 225,000,000 plus (ii) 5075% of Consolidated Net Income (if positive) earned in each fiscal quarter beginning with the fiscal quarter ending June September 30, 20042005 plus (iii) the amount of all Net Cash Proceeds resulting from issuances of the Borrower's or any Subsidiary's capital stock or other equity interests to a Person other than the Borrower or any Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Res Care Inc /Ky/)

Minimum Consolidated Net Worth. The Borrower will at all times maintain not permit ------------------------------ the Consolidated Net Worth of not at any time to be less than the sum of (iI) $200,308,000 300,000,000 plus (iiII) 50% of Cumulative Consolidated Net Income (if positive) earned in each fiscal quarter beginning with plus, (III) 100% of the fiscal quarter ending June 30, 2004cash proceeds received by the Borrower from sales or issuances of its equity after the Effective Date (net of underwriting or placement discounts and commission and other costs associated therewith).

Appears in 1 contract

Samples: Credit Agreement (Sylvan Learning Systems Inc)

Minimum Consolidated Net Worth. The Borrower will at all times maintain Consolidated Net Worth of not less than (i) $200,308,000 175,000,000 plus (ii) 5075% of Consolidated Net Income (if positive) earned in each fiscal quarter beginning with the fiscal quarter ending June 30March 31, 20042004 plus (iii) the amount of all Net Cash Proceeds resulting from issuances of the Borrower's or any Subsidiary's capital stock or other equity interests to a Person other than the Borrower or any Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Res Care Inc /Ky/)

Minimum Consolidated Net Worth. The Borrower will at all times maintain In the case of the Borrower, permit Consolidated Net Worth of not at any time to be less than the sum of (i) $200,308,000 140,310,000 plus (ii) 5040% of Cumulative Consolidated Net Income (if positive) earned in each fiscal quarter beginning with as of the last day of the fiscal quarter ending June 30, 2004of the Borrower most recently ended plus (iii) 40% of the net cash proceeds of any issuance by the Borrower of Capital Stock after the Closing Date.

Appears in 1 contract

Samples: Credit Agreement (Metris Companies Inc)

Minimum Consolidated Net Worth. The Borrower will at all times maintain Consolidated Net Worth of not less than the sum of (i) $200,308,000 313,000,000, plus (ii) 5075% of Consolidated Net Income (if positive) earned in each fiscal quarter beginning with ending subsequent to the fiscal quarter ending June 30Closing Date, 2004plus (iii) 90% of any amount recorded on the consolidated balance sheet of the Borrower from the issuance of any equity.

Appears in 1 contract

Samples: Credit Agreement (Shaw Group Inc)

Minimum Consolidated Net Worth. The Borrower will at all times maintain Consolidated Net Worth of not less than the sum of (i) $200,308,000 306,850,000, plus (ii) 5075% of Consolidated Net Income (if positive) earned in each fiscal quarter beginning with ending subsequent to the fiscal quarter ending June 30Closing Date, 2004plus (iii) 90% of any amount recorded on the consolidated balance sheet of the Borrower from the issuance of any equity.

Appears in 1 contract

Samples: Assignment Agreement (Shaw Group Inc)

Minimum Consolidated Net Worth. The Borrower will not at all times maintain any ------------------------------ time permit its Consolidated Net Worth of not to be less than an amount equal to the sum of (i) $200,308,000 123,940,000 plus (ii) 50% of the positive Consolidated Net Income for the Fiscal Quarter ending December 31, 1998, plus (if positiveiii) earned in 50% of the positive Consolidated Net Income for each fiscal quarter beginning with Fiscal Year ending after December 31, 1998, plus (iv) an amount equal to 100% of net cash proceeds from the fiscal quarter ending June issuance by the Borrower after September 30, 20041998, of additional equity securities or other equity capital investments.

Appears in 1 contract

Samples: Credit Agreement (Mastech Corp)

Minimum Consolidated Net Worth. The Borrower will at all times maintain In the case of the Borrower, permit Consolidated Net Worth of not at any time to be less than the sum of (i) $200,308,000 467,851,000 plus (ii) 5040% of Cumulative Consolidated Net Income (if positive) earned in each fiscal quarter beginning with as of the last day of the fiscal quarter ending June 30of the Borrower most recently ended plus (iii) 40% of the net cash proceeds of any issuance by the Borrower of Capital Stock after December 31, 20041999.

Appears in 1 contract

Samples: Pledge Agreement (Metris Companies Inc)

Minimum Consolidated Net Worth. The Borrower will shall at all times maintain a Consolidated Net Worth of not less than at least an amount equal to the sum of (i) $200,308,000 65,000,000, plus (ii) 50% of Consolidated Net Income (if positive) earned in each fiscal quarter beginning with the fiscal quarter ending June November 30, 20041995, 75% of Consolidated Net Income for each quarter thereafter on a cumulative basis, without giving effect to any losses.

Appears in 1 contract

Samples: Loan and Security Agreement (Rhodes Inc)

Minimum Consolidated Net Worth. The Borrower will at all times maintain Consolidated Net Worth of not less than (i) $200,308,000 232,000,000 plus (ii) 50% of Consolidated Net Income (if positive) earned in each fiscal quarter beginning with the fiscal quarter ending June 30, 20042004 plus (iii) the amount of all Net Cash Proceeds resulting from issuances of the Borrower's or any Subsidiary's capital stock or other equity interests to a Person other than the Borrower or any Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Roto-Rooter Inc)

Minimum Consolidated Net Worth. The Borrower will shall at all times on a consolidated basis for the Borrower and its Subsidiaries maintain Consolidated Net Worth of to be not less than the sum of: (i) $200,308,000 plus 1,250,000,000 (ii) 50% of Consolidated Net Income net income (if positive) earned in for each fiscal quarter beginning with the fiscal quarter ending June on September 30, 20042005 and thereafter, and (iii) additions to equity to the Borrower, including, any Equity Issuance.

Appears in 1 contract

Samples: Revolving Credit Agreement (Bok Financial Corp Et Al)

Minimum Consolidated Net Worth. The Borrower will at all times maintain Consolidated Net Worth of not less than the sum of (ia) $200,308,000 620,000,000, plus (iib) 50% of Consolidated Net Income (if positive) earned in each fiscal quarter beginning with ending subsequent to the fiscal quarter ending June 30Effective Date, 2004plus (c) 80% of any Equity Issuance Proceeds.

Appears in 1 contract

Samples: Assignment Agreement (Shaw Group Inc)

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Minimum Consolidated Net Worth. The Borrower will at all times maintain or cause to be maintained, as of the end of each fiscal quarter of the Borrower (beginning with the quarter ended June 30, 1998), Consolidated Net Worth of in an amount not less than (ia) $200,308,000 Consolidated Net Worth as of December 31, 1997, plus (iib) fifty percent (50% %) of Consolidated Net Income (if positivewithout any deduction for losses) earned in for each fiscal quarter beginning with the fiscal quarter ending June 30subsequent to December 31, 20041997, minus (c) $7,500,000.

Appears in 1 contract

Samples: Credit Agreement (Drypers Corp)

Minimum Consolidated Net Worth. The Borrower will at all times maintain cause Consolidated Net Worth to be at least equal to the sum of not less than (i) $200,308,000 6,320,000,000, plus (ii) 50% of Consolidated Net Income (if positive) earned in an amount equal to the sum for each completed fiscal quarter beginning of the Borrower, commencing with the fiscal quarter ending June 30, 20042007 (but excluding any fiscal quarter for which Consolidated Net Income is negative), of (i) 50% of Consolidated Net Income for such fiscal quarter and (ii) 50% of the net proceeds of issuances of equity securities of the Borrower during such fiscal quarter, all determined in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Cna Financial Corp)

Minimum Consolidated Net Worth. The Borrower will at all times maintain Borrower’s Consolidated Net Worth of at any time shall not be less than the sum of (i) $200,308,000 146,000,000 plus (ii) beginning with the fiscal quarter ending December 31, 2005, 50% of Consolidated Net Income (if positiveto the extent a positive number) earned in for such fiscal quarter and for each fiscal quarter beginning with the fiscal quarter ending June 30, 2004thereafter.

Appears in 1 contract

Samples: Credit Agreement (Calgon Carbon Corporation)

Minimum Consolidated Net Worth. The Borrower will at all times maintain Consolidated Net Worth of not less than (i) $200,308,000 375,000,000 plus (ii) 5075% of Consolidated Net Income (if positive) earned in each fiscal quarter beginning with the fiscal quarter ending June September 30, 20042009 plus (iii) the amount of all Net Cash Proceeds resulting from issuances of the Borrower’s or any Subsidiary’s Capital Stock to a Person other than the Borrower or any Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Res Care Inc /Ky/)

Minimum Consolidated Net Worth. The Borrower will at all times maintain Maintain a minimum Consolidated Net ------------------------------ Worth of not less than (i) $200,308,000 125,000,000 plus (ii) on a cumulative basis, an amount equal to fifty percent (50% %) of the Consolidated Net Income (if positive) earned of Borrower and its Subsidiaries in each fiscal quarter beginning thereafter, commencing with the fiscal quarter ending June ended March 30, 20042002.

Appears in 1 contract

Samples: Credit and Security Agreement (Pc Connection Inc)

Minimum Consolidated Net Worth. The Borrower will at all times maintain Consolidated Net Worth of not less than the sum of (i) $200,308,000 494,242,000, plus (ii) 5075% of Consolidated Net Income (if positive) earned in each fiscal quarter beginning with ending subsequent to the fiscal quarter ending June 30Effective Date, 2004plus (iii) 90% of any amount recorded as net proceeds on the consolidated balance sheet of the Borrower from the issuance of any equity subsequent to the Effective Date.

Appears in 1 contract

Samples: Assignment Agreement (Shaw Group Inc)

Minimum Consolidated Net Worth. The Borrower will at all times maintain Consolidated Net Worth of not less than (i) $200,308,000 85% of Consolidated Net Worth at December 31, 2004 plus (ii) 50% of Consolidated Net Income (if positive) earned in each fiscal quarter beginning with the fiscal quarter ending June 30March 31, 20042005 plus (iii) the amount of all Net Cash Proceeds resulting from issuances of the Borrower's or any Subsidiary's capital stock or other equity interests to a Person other than the Borrower or any Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Chemed Corp)

Minimum Consolidated Net Worth. The Borrower will at all times maintain Maintain a minimum Consolidated Net Worth of not less than (i) $200,308,000 250,000,000 plus (ii) on a cumulative basis, an amount equal to fifty percent (50% %) of the Consolidated Net Income (if positive) earned of Borrower and its Subsidiaries in each fiscal quarter beginning thereafter, commencing with the fiscal quarter ending June 30March 31, 20042012.

Appears in 1 contract

Samples: Credit and Security Agreement (Pc Connection Inc)

Minimum Consolidated Net Worth. The Borrower will at At all times after September 1, 1996, Borrower shall maintain a Consolidated Net Worth of not less than at least (i) $200,308,000 64,800,000 plus (ii) 5075% of Consolidated Net Income (if positive) earned in for each fiscal quarter beginning quarter, commencing with and including the fiscal quarter ending June November 30, 20041996, on a cumulative basis, without giving effect to any losses.

Appears in 1 contract

Samples: Loan and Security Agreement (Rhodes Inc)

Minimum Consolidated Net Worth. The Borrower will at all times maintain Consolidated Net Worth as of the end of each of the Borrower's fiscal quarters of not less than (i) $200,308,000 135,000,000 plus (ii) 100% of the net proceeds received by the Borrower or any Subsidiary from the sale or issuance of equity securities to any Person other than the Borrower or any Subsidiary after June 30, 1995 plus 50% of positive Consolidated Net Income (Income, if positive) earned in any, for each fiscal quarter beginning with the fiscal quarter ending elapsed after June 30, 2004.1995;

Appears in 1 contract

Samples: Credit Agreement (Watkins Johnson Co)

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