Common use of Minimum Shareholders’ Equity Clause in Contracts

Minimum Shareholders’ Equity. Such Borrower will not permit its Shareholders’ Equity at the last day of any fiscal quarter of such Borrower to be less than the greater of (1) 40% of the total assets of such Borrower and its Subsidiaries as at the last day of such fiscal quarter (determined on a consolidated basis in accordance with GAAP) and (2) the sum of (A) 65% of (x) the Shareholders’ Equity of such Borrower as of the Effective Date less (y) in case the case of any Unlisted Borrower, the lesser of (i) the amount paid or distributed by such Unlisted Borrower to purchase its shares of common stock in connection with a Tender Offer consummated after the Effective Date and (ii) the product of (I) $250,000,000 multiplied by (II) the sum of one plus the number of Borrower Mergers effected by such Obligor Group on or after the Effective Date plus (B) 65% of (x) the Shareholders’ Equity as of the Effective Date of any other Borrower merged or consolidated into such Borrower by way of a Borrower Merger less (y) in the case of any Unlisted Borrower that is a Non-Surviving Borrower of such Borrower Merger, the lesser of (i) the amount paid or distributed by such Unlisted Borrower to purchase its shares of common stock in connection with a Tender Offer consummated after the Effective Date and (ii) the product of (I) $250,000,000 multiplied by (II) the sum of one plus the number of Borrower Mergers effected by such Obligor Group on or after the Effective Date, plus (C) 37.5% of the net cash proceeds of the sale of Equity Interests by such Borrower after the Effective Date (other than proceeds of any distribution or dividend reinvestment plan), plus (D) 37.5% of the net cash proceeds of the sale of Equity Interests received after the Effective Date by any Non-Surviving Obligor that was a Borrower and was a party to a Borrower Merger with such Borrower (other than proceeds of any distribution or dividend reinvestment plan).

Minimum Shareholders’ Equity. Such Borrower will not permit its Shareholders’ Equity at the last day of any fiscal quarter of such Borrower to be less than the greater of (1) 40% of the total assets of such Borrower and its Subsidiaries as at the last day of such fiscal quarter (determined on a consolidated basis in accordance with GAAP) and (2) the sum of (A) 65% of (x) the Shareholders’ Equity of such Borrower as of the Effective Date less (y) in case the case of any Unlisted Borrower, the lesser of (i) the amount paid or distributed by such Unlisted Borrower to purchase its shares of common stock in connection with a Tender Offer consummated after the Effective Date and (ii) the product of (I) $250,000,000 multiplied by (II) the sum of one plus the number of Borrower Mergers effected by such Obligor Group on or after the Effective Date plus (B) 65% of (x) the Shareholders’ Equity as of the Effective Date of any other Borrower merged or consolidated into such Borrower by way of a Borrower Merger less (y) in the case of any Unlisted Borrower that is a Non-Surviving Borrower of such Borrower Merger, the lesser of (i) the amount paid or distributed by such Unlisted Borrower to purchase its shares of common stock in connection with a Tender Offer consummated after the Effective Date and (ii) the product of (I) $250,000,000 multiplied by (II) the sum of one plus the number of Borrower Mergers effected by such Obligor Group on or after the Effective Date, plus (C) 37.5% of the net cash proceeds of the sale of Equity Interests by such Borrower after the Effective Date (other than proceeds of any distribution or dividend reinvestment plan), plus (D) 37.5% of the net cash proceeds of the sale of Equity Interests received after the Effective Date by any Non-Surviving Obligor that was a Borrower and was a party to a Borrower Merger with such Borrower (other than proceeds of any distribution or dividend reinvestment plan).. 130

Minimum Shareholders’ Equity. Such Borrower will not permit its Shareholders’ Equity at the last day of any fiscal quarter of such Borrower to be less than the greater of (1) 4030% of the total assets of such Borrower and its Subsidiaries as at the last day of such fiscal quarter (determined on a consolidated basis in accordance with GAAP) and (2) the sum of (A) 65% of (x) the Shareholders’ Equity of such Borrower as of the Restatement Effective Date less (y) in case the case of any Unlisted Borrower, the lesser of (i) the amount paid or distributed by such Unlisted Borrower to purchase its shares of common stock in connection with a Tender Offer consummated after the Restatement Effective Date and (ii) the product of (I) $250,000,000 multiplied by (II) the sum of one plus the number of Borrower Mergers effected by such Obligor Group on or after the Restatement Effective Date plus (B) 65% of (x) the Shareholders’ Equity as of the Restatement Effective Date of any other Borrower merged or consolidated into such Borrower by way of a Borrower Merger less (y) in the case of any Unlisted Borrower that is a Non-Surviving Borrower of such Borrower Merger, the lesser of (i) the amount paid or distributed by such Unlisted Borrower to purchase its shares of common stock in connection with a Tender Offer consummated after the Restatement Effective Date and (ii) the product of (I) $250,000,000 multiplied by (II) the sum of one plus the number of Borrower Mergers effected by such Obligor Group on or after the Restatement Effective Date, plus (C) $1,968,200,000.00 (in the case of FSK), or $2,720,900,000.00 (in the case of FSK II), or $4,689,100,000.00 (upon a Borrower Merger of FSK and FSK II), plus (B) 37.5% of the net cash proceeds of the sale of Equity Interests by such Borrower after the Restatement Effective Date April 15, 2021 (other than proceeds of any distribution or dividend reinvestment plan), plus (D) without duplication of any amount added in subclause (B) above ,37.5% of the net cash proceeds of the sale of Equity Interests received after the Restatement Effective Date by any Non-Surviving Obligor that was a Borrower and was a party to a Borrower Merger with such Borrower (other than proceeds of any distribution or dividend reinvestment plan), plus (EC) 65% of the increase in Shareholders’ Equity of such Borrower solely resulting from a merger with any Person other than a Borrower measured as of the date of the consummation of such merger.

Minimum Shareholders’ Equity. Such Borrower will not permit its Shareholders’ Equity at the last day of any fiscal quarter of such Borrower to be less than the greater of (1) 4030% of the total assets of such Borrower and its Subsidiaries as at the last day of such fiscal quarter (determined on a consolidated basis in accordance with GAAP) and (2) the sum of (A) 65% of (x) the Shareholders’ Equity of such Borrower as of the Restatement Effective Date less (y) in case the case of any Unlisted Borrower, the lesser of (i) the amount paid or distributed by such Unlisted Borrower to purchase its shares of common stock in connection with a Tender Offer consummated after the Restatement Effective Date and (ii) the product of (I) $250,000,000 multiplied by (II) the sum of one plus the number of Borrower Mergers effected by such Obligor Group on or after the Restatement Effective Date plus (B) 65% of (x) the Shareholders’ Equity as of the Restatement Effective Date of any other Borrower merged or consolidated into such Borrower by way of a Borrower Merger less (y) in the case of any Unlisted Borrower that is a Non-Surviving Borrower of such Borrower Merger, the lesser of (i) the amount paid or distributed by such Unlisted Borrower to purchase its shares of common stock in connection with a Tender Offer consummated after the Restatement Effective Date and (ii) the product of (I) $250,000,000 multiplied by (II) the sum of one plus the number of Borrower Mergers effected by such Obligor Group on or after the Restatement Effective Date, plus (CC)$1,968,200,000.00 (in the case of FSK), or $2,720,900,000.00 (in the case of FSK II), or $4,689,100,000.00 (upon a Borrower Merger of FSK and FSK II), plus (B) 37.5% of the net cash proceeds of the sale of Equity Interests by such Borrower after the Restatement Effective Date DateApril 15, 2021 (other than proceeds of any distribution or dividend reinvestment plan), plus (D) without duplication of any amount added in subclause (B) above ,37.5% of the net cash proceeds of the sale of Equity Interests received after the Restatement Effective Date by any Non-Surviving Obligor that was a Borrower and was a party to a Borrower Merger with such Borrower (other than proceeds of any distribution or dividend reinvestment plan), plus (EC) 65% of the increase in Shareholders’ Equity of such Borrower solely resulting from a merger with any Person other than a Borrower measured as of the date of the consummation of such merger.