Profitable Operations definition
Examples of Profitable Operations in a sentence
Until the earlier of the third anniversary of the Issue Date and the date upon which the Company achieves Profitable Operations, the Company shall not permit the aggregate amount of the accounts receivable of it and its subsidiaries from non-Credit Qualified Purchasers to exceed U.S.$10 million at any one time outstanding.
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Notwithstanding the foregoing, if the Company fails to achieve Profitable Operations prior to December 31, 2001, any remaining amounts in the Offshore Reserve Account must be used by the Company to tender for the Notes and the Debentures at a price equal to 100% of the Accreted Value thereof on the date of purchase (a "Stage III Tender").
The Profitable Operations financial covenant set forth in Section 10(f)(v) of the Fourth Amendment to Supplemental Loan is hereby amended to add the following sentences thereto.
The Profitable Operations financial covenant set forth in Section 10(f)(v) of the Fourth Amendment to Supplemental Loan is hereby amended and restated as follows: Borrower will not permit Consolidated Net Income to be less than $1.00 for (A) any fiscal year, commencing with the fiscal year ending December 31, 2002, and (B) any two consecutive fiscal quarters (which quarters shall be measured on an individual rather than a cumulative basis).
The Profitable Operations financial covenant set forth in Section 10(e) of the Second Amendment to Receivables Loan is hereby amended and restated as follows: Borrower will not permit Consolidated Net Income to be less than $1.00 for (A) any fiscal year, commencing with the fiscal year ending December 31, 2002, and (B) any two consecutive fiscal quarters (which quarters shall be measured on an individual rather than a cumulative basis).
The Profitable Operations financial covenant set forth in Section 10(e) of the Second Amendment to Receivables Loan is hereby amended to add the following sentences thereto.
By way of clarification, notwithstanding the fact that Section 2.3(c) of Annex A to the Security Sharing Agreement would otherwise allow the Company to do so, the Company agrees that it shall not withdraw funds from the Notes Sinking Fund Account solely as a result of obtaining Profitable Operations, and shall only withdraw funds therefrom if otherwise permitted hereunder and under the terms of the Security Sharing Agreement.
Offer to Repurchase Upon Failure to Attain Profitable Operations.................................................
At, and measured as of, the end of each Fiscal Year, Profitable Operations.