Common use of Minimum Shareholders’ Equity Clause in Contracts

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $347,100,000 plus 25% of the net cash proceeds of the sale of Equity Interests by the Borrower after the Effective Date (other than proceeds (x) of sales of Equity Interests by and among the Borrower and its Subsidiaries and (y) of any distribution or dividend reinvestment plan) less the amount paid or distributed by the Borrower to purchase its shares of common stock in connection with a Tender Offer less the aggregate amount paid in cash for Equity Interests of the Borrower redeemed, bought back or purchased by the Borrower after the Effective Date.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $347,100,000 347,100,0001,058,000,000 plus 25% of the net cash proceeds of the sale of Equity Interests by the Borrower after the Effective Date (other than proceeds (x) of sales of Equity Interests by and among the Borrower and its Subsidiaries and (y) of any distribution or dividend reinvestment plan) less the amount paid or distributed by the Borrower to purchase its shares of common stock in connection with a Tender Offer less the aggregate amount paid in cash for Equity Interests of the Borrower redeemed, bought back or purchased by the Borrower after the Effective Date.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $347,100,000 206,515,0001,012,092,000 plus 25% of the net cash proceeds of the sale of Equity Interests by the Borrower after the Effective Date (other than proceeds (x) of sales of Equity Interests by and among the Borrower and its Subsidiaries and (y) of any distribution or dividend reinvestment plan) less the amount paid or distributed by the Borrower to purchase its shares of common stock in connection with a Tender Offer less the aggregate amount paid in cash for Equity Interests of the Borrower redeemed, bought back or purchased by the Borrower after the Effective Date.