Common use of Minimum Net Worth Clause in Contracts

Minimum Net Worth. The Company will not permit its Consolidated Net Worth to be less than 90% of the actual net worth as of the Execution Date, plus, in all cases: (a) 100% of the net proceeds resulting from the issuance of any capital stock by the Company or any Subsidiary subsequent to the Execution Date at any time during the term hereof and (b) 75% of the consolidated after tax income of the Company and its Subsidiaries (to be adjusted each quarter) for each fiscal year during the term hereof (including any Subsidiaries acquired subsequent hereto).

Minimum Net Worth. The Company will shall not permit its Consolidated consolidated Net Worth at any time to be less than 90% an amount equal to the sum of the actual net worth as of the Execution Date, plus, in all cases: (a) 100% of the net proceeds resulting from the issuance of any capital stock by the Company or any Subsidiary subsequent to the Execution Date at any time during the term hereof and $60,000,000 PLUS (b) 75% of the consolidated after tax income of the Company and its Subsidiaries (to be adjusted each quarter) Company's positive Net Income, if any, for each fiscal year during quarter ending after the term date hereof and prior to the date of determination PLUS (including c) an amount equal to 100% of the cash and non-cash proceeds of any Subsidiaries acquired subsequent hereto)equity securities issued by the Company after the Closing Date and prior to the date of determination.

Minimum Net Worth. The Company will shall not permit its Consolidated consolidated Net Worth at any time to be less than 90% an amount equal to the sum of the actual net worth as of the Execution Date, plus, in all cases: (a) 100% of the net proceeds resulting from the issuance of any capital stock by the Company or any Subsidiary subsequent to the Execution Date at any time during the term hereof and $9,000,000 PLUS (b) 75% of the consolidated after tax income of the Company and its Subsidiaries (to be adjusted each quarter) Company's positive Net Income, if any, for each fiscal year during quarter ending after the term date hereof (including any Subsidiaries acquired subsequent hereto)and prior to the date of determination.

Minimum Net Worth. The Company will shall not permit at any time its Net Worth determined on a consolidated basis with its Consolidated Net Worth Subsidiaries to be less than 90(a) $11,500,000 PLUS (b) an amount equal to 80% of the actual net worth as positive Net Income of the Execution DateCompany and its Consolidated Subsidiaries (or MINUS 100% of any negative Net Income of the Company and its Consolidated Subsidiaries) for each fiscal quarter ending after July 31, plus, in all cases: 1997 PLUS (ac) 100% of the net proceeds resulting from Net Proceeds of each Equity Issuance effected after the issuance of any capital stock by the Company or any Subsidiary subsequent to the Execution Date at any time during the term hereof and (b) 75% of the consolidated after tax income of the Company and its Subsidiaries (to be adjusted each quarter) for each fiscal year during the term hereof (including any Subsidiaries acquired subsequent hereto)date hereof.

Minimum Net Worth. The Company will shall not permit its Consolidated consolidated Net Worth at any time to be less than 90% an amount equal to the sum of the actual net worth as of the Execution Date, plus, in all cases: (a) 100% of the net proceeds resulting from the issuance of any capital stock by the Company or any Subsidiary subsequent to the Execution Date at any time during the term hereof and $51,100,000 PLUS (b) 75% of the consolidated after tax income of the Company and its Subsidiaries (to be adjusted each quarter) Company's positive Net Income, if any, for each fiscal year during quarter ending after the term hereof date of the Third Amendment and prior to the date of determination, PLUS (including c) an amount equal to 100% of the cash and non-cash proceeds of any Subsidiaries acquired subsequent hereto)equity securities issued by the Company after the date of the Third Amendment and prior to the date of determination.

Minimum Net Worth. The Company will shall not permit its Consolidated Net Worth at any time to be less than 90the sum of (A) $645,000,000, plus (B) an amount equal to 50% of the actual net worth as of the Execution Date, plus, in all cases: (a) 100% of the net proceeds resulting from the issuance of any capital stock by the Company or any Subsidiary subsequent to the Execution Date at any time during the term hereof and (b) 75% of the consolidated after tax income Adjusted Consolidated Net Income of the Company and its Subsidiaries (for the period from June 30, 1999 to be adjusted each quarter) for each fiscal year during the term hereof (including any Subsidiaries acquired subsequent hereto).date of

Minimum Net Worth. The Company will shall not permit its Consolidated consolidated Net Worth at any time to be less than 90an amount equal to the sum of (a) $73,000,000 PLUS (b) 50% of the actual net worth as of Company's positive Net Income, if any, for each fiscal quarter ending after the Execution Date, plus, in all cases: (a) 100% of the net proceeds resulting from the issuance of any capital stock by the Company or any Subsidiary subsequent date hereof and prior to the Execution Date at any time during the term hereof and date of determination, PLUS (bc) an amount equal to 75% of the consolidated after tax income cash and non-cash proceeds of any equity securities issued by the Company after the Closing Date and its Subsidiaries (prior to be adjusted each quarter) for each fiscal year during the term hereof (including any Subsidiaries acquired subsequent hereto)date of determination.

Minimum Net Worth. The Company will shall not permit its Consolidated consolidated Net Worth at any time to be less than 90an amount equal to the sum of (a) $51,100,000 PLUS (b)75% of the actual net worth as Company's positive Net Income, if any, for each fiscal quarter ending after the date of the Execution DateThird Amendment and prior to the date of determination, plus, in all cases: PLUS (ac) an amount equal to 100% of the net proceeds resulting from the issuance of any capital stock by the Company or any Subsidiary subsequent to the Execution Date at any time during the term hereof cash and (b) 75% of the consolidated after tax income of the Company and its Subsidiaries (to be adjusted each quarter) for each fiscal year during the term hereof (including any Subsidiaries acquired subsequent hereto).non-cash

Minimum Net Worth. The Company will shall not permit its Consolidated consolidated Net Worth at any time to be less than 90an amount equal to the sum of (a) $221,000,000 PLUS (b) 70% of the actual net worth as Company's positive Net Income, if any, for each fiscal quarter ending after the date hereof and prior to the date of the Execution Date, plus, in all cases: determination PLUS (ac) an amount equal to 100% of the net cash and non-cash proceeds resulting from the issuance of any capital stock equity securities issued by the Company or any Subsidiary subsequent to after the Execution Date at any time during the term hereof and (b) 75% date of the consolidated after tax income of the Company and its Subsidiaries (to be adjusted each quarter) for each fiscal year during the term hereof (including any Subsidiaries acquired subsequent hereto)this Agreement.

Minimum Net Worth. The Company will shall not permit its Consolidated consolidated Net Worth at any time to be less than 90an amount equal to the sum of (a) $469,000,000 PLUS (b) 70% of the actual net worth as Company's positive Net Income, if any, for each fiscal quarter ending after the date hereof and prior to the date of the Execution Date, plus, in all cases: determination PLUS (ac) an amount equal to 100% of the net cash and non-cash proceeds resulting from the issuance of any capital stock equity securities issued by the Company or any Subsidiary subsequent to after the Execution Date at any time during the term hereof and (b) 75% date of the consolidated after tax income of the Company and its Subsidiaries (to be adjusted each quarter) for each fiscal year during the term hereof (including any Subsidiaries acquired subsequent hereto)this Agreement.

Minimum Net Worth. The Company will shall not permit its Consolidated consolidated Net Worth at any time to be less than 90an amount equal to the sum of (a) $88,000,000 PLUS (b) 70% of the actual net worth as Company's positive Net Income, if any, for each fiscal quarter ending after the date hereof and prior to the date of the Execution Date, plus, in all cases: determination PLUS (ac) an amount equal to 100% of the net cash and non-cash proceeds resulting from the issuance of any capital stock equity securities issued by the Company or any Subsidiary subsequent to after the Execution Date at any time during the term hereof and (b) 75% date of the consolidated after tax income of the Company and its Subsidiaries (to be adjusted each quarter) for each fiscal year during the term hereof (including any Subsidiaries acquired subsequent hereto)this Agreement.

Minimum Net Worth. The Company will shall not permit its Consolidated consolidated Net Worth at any time to be less than 90% an amount equal to the sum of the actual net worth as of the Execution Date, plus, in all cases: (a) 100% of the net proceeds resulting from the issuance of any capital stock by the Company or any Subsidiary subsequent to the Execution Date at any time during the term hereof and $61,600,000 PLUS (b) 75% of the consolidated after tax income of the Company and its Subsidiaries (to be adjusted each quarter) Company's positive Net Income, if any, for each fiscal year during quarter ending after the term date hereof and prior to the date of determination, PLUS (including c) an amount equal to 100% of the cash and non-cash proceeds of any Subsidiaries acquired subsequent hereto)equity securities issued by the Company after the Effective Date and prior to the date of determination.