Common use of Consolidated Net Worth Clause in Contracts

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and (b) an aggregate amount equal to 25% of its Consolidated Net Income (but, each case, only if a positive number) for each completed fiscal year ending after June 4, 2003.

Consolidated Net Worth. The Company will not, not at any time, time permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and (b) an aggregate amount equal to 25170,000,000 plus 50% of its each fiscal quarter's Consolidated Net Income (butwith no deduction for losses) commencing on January 1, each case1999 plus 75% of any Net Issuance Proceeds after January 1, only if a positive number) for each completed fiscal year ending after June 4, 20031999.

Consolidated Net Worth. The Company will not, at any time, not permit Consolidated Net Worth at any time to be less than US$165,000,000 plus the cumulative sum of (a) $300,000,000 and (b) an aggregate amount equal to 25% of its Consolidated Net Income Earnings (but, each case, but only if a positive number) for each completed fiscal year quarter ending after June 430, 20032004.

Consolidated Net Worth. The Company will not, at any time, not permit its Consolidated Net Worth to be less than at any time the sum of (ai) $300,000,000 and 3,000,000,000 plus (bii) an aggregate amount equal to 2550% of its Consolidated Net Income (but, each case, only if a positive numberpositive) of the Company for each completed fiscal year quarter ending after June 4March 31, 20032012 plus (iii) an amount equal to 50% of the net cash proceeds received by the Company from any issuance of common or preferred equity interests of the Company consummated after March 31, 2012.

Consolidated Net Worth. The Company Obligors will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 500,000,000, plus (b) an aggregate amount equal to 25% of its Consolidated Net Income (but, each case, but only if a positive number) for each completed fiscal year quarter, beginning with the fiscal quarter ending after June 4on November 30, 20032010.

Consolidated Net Worth. The Company Borrower will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and U.S.$200,000,000, plus (b) an aggregate amount equal to 25% of its Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal year ending after June 4quarter beginning with the fiscal quarter ended March 31, 2003.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 80,750,000 plus (b) an aggregate amount equal to 2550% of its Consolidated Net Income (but, each case, but only if a positive number) for each completed fiscal year quarter as of such time beginning with the fiscal quarter ending after June 4December 31, 20031998.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 45,000,000, plus (b) an aggregate amount equal to 2530% of its Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal year ending after June 4quarter subsequent to December 3, 20031995.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 275,000,000, plus (b) an aggregate amount equal to 2550% of its Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal year ending after June 4quarter beginning with the fiscal quarter ended December 31, 20032000.

Consolidated Net Worth. The Company will shall not, at as of the close of any timefiscal quarter of the Company, permit Consolidated Net Worth to be less than the sum of (ai) $300,000,000 37,000,000 and (bii) an aggregate amount equal to 2550% of its Consolidated Net Income (but, each case, only if a positive numberpositive) for each completed fiscal year quarter of the Company beginning with the fiscal quarter ending after June 430, 2003.

Consolidated Net Worth. The Company will not, at any time, not permit the ---------------------- Consolidated Net Worth at any time to be less than the sum of (ai) $300,000,000 250,000,000 and (bii) an aggregate amount equal to 2550% of consolidated net income of the Company and its Consolidated Net Income Subsidiaries for each fiscal quarter of the Company (butbeginning with the fiscal quarter ending December 31, each case, only if a positive number2005) for each completed fiscal year ending after June 4, 2003which such consolidated net income is positive.

Consolidated Net Worth. The Company Obligors will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 160,000,000, plus (b) an aggregate amount equal to 2540% of its Consolidated Net Income Earnings (but, in each case, only if a positive number) for each completed fiscal year quarter beginning with the fiscal quarter ending after June 4September 30, 20032001. Section 10.3.

Consolidated Net Worth. The Company will not, not at any time, time permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 430,000,000 plus (b) an aggregate amount equal to 25% of its positive Consolidated Net Income (but, each case, only if a positive number) for each completed fiscal year, beginning with the fiscal year ending after June 4April 24, 20032009, calculated on a cumulative basis for such entire period.

Consolidated Net Worth. The Company will not, at any time, permit its Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 25,000,000 plus (b) an aggregate amount equal to 2550% of its Consolidated Net Income (but, in each case, only if a positive number) for calculated on a cumulative basis commencing with the quarter ending August 31, 1997, and measured as of the last day of each completed fiscal year ending after June 4, 2003quarter thereafter.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 750,000,000, plus (b) an aggregate amount equal to 2550% of its Consolidated Net Income Earnings (but, in each case, only if a positive number) for each completed fiscal year quarter beginning with the fiscal quarter ending after June 4March 31, 2003.

Consolidated Net Worth. The Company will not, at any time, not permit Consolidated Net Worth at the end of any fiscal quarter of the Company to be less than the sum of (ai) Three Hundred Twenty-five Million Dollars ($300,000,000 325,000,000) and (bii) an aggregate amount equal to twenty-five percent (25% %) of its Consolidated Net Income (butearned after December 31, each case, only if a positive number) for each completed fiscal year ending after June 4, 20031995.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 140,000,000, plus (b) an aggregate amount equal to 25% of its the cumulative sum of Consolidated Net Income for each fiscal quarter ending after May 31, 2001 (but, each case, but only if such cumulative sum is a positive number) for each completed fiscal year ending after June 4, 2003). Section 10.2.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (ai) $300,000,000 and 260,000,000 plus (bii) an aggregate amount equal to 2550% of its Consolidated Net Income (but, each case, only if positive) on a positive number) cumulative basis for each completed fiscal year quarter ending after June 4December 31, 20032004."

Consolidated Net Worth. The Company will not, at any time, not permit Consolidated Net Worth at any time to be less than the sum of (a) $300,000,000 and 270,000,000 plus (b) an aggregate amount equal to 2550% of its Consolidated Adjusted Net Income (but, each case, but only if a positive numberpositive) for each completed fiscal year Fiscal Quarter ending on or after June 4September 30, 20032005 plus (c) 100% of Net Equity Proceeds received after the Closing Date.

Consolidated Net Worth. The Company will not, at At any time, time permit its Consolidated Net Worth to be less than the sum of (a) $300,000,000 and a)$30,500,000 plus (b) an aggregate amount equal to 2585% of its cumulative positive Consolidated Net Income (butattributable to the period from and after March 31, each case, only if a positive number) for each completed fiscal year ending after June 4, 20032000.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 550,000,000, plus (b) an aggregate amount equal to 2550% of its Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal year ending after June 4quarter beginning with the fiscal quarter ended March 31, 20032008.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 60,000,000, plus (b) an aggregate amount equal to 25% of its Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal year ending after June 4quarter beginning with the fiscal quarter ended December 31, 20031997.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 95,000,000 plus (b) an aggregate amount equal to 2550% of its Consolidated Net Income (but, each case, but only if a positive number) for each completed fiscal year quarter as of such time beginning with the fiscal quarter ending after June 4December 31, 20031998.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 350,000,000, plus (b) an aggregate amount equal to 2520% of its Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal year ending after June 4quarter beginning with the fiscal quarter ended September 26, 20031998.

Consolidated Net Worth. The Company will not, at any time, not permit Consolidated Net Worth at any time to be less than the sum of (a) $300,000,000 and 456,000,000 plus (b) an aggregate amount equal to the extent positive, 25% of its Consolidated Net Income (but, each case, only if a positive number) for each completed fiscal year ending after June 4quarter ended subsequent to September 30, 20032001 and prior to any date of determination.

Consolidated Net Worth. The Company will not, not at any time, time permit Consolidated Adjusted Net Worth to be an amount less than the sum of (a) $300,000,000 and 65,000,000 plus (b) an aggregate amount equal to 2550% of its Consolidated Net Income (but, but in each case, case only if a positive number) computed on a cumulative basis for each completed of the elapsed fiscal year quarters for which financial information is available ending on or after June 4March 31, 20031999.

Consolidated Net Worth. The Company will not, at any time, not permit Consolidated Net Worth at any time to be less than $52,500,000 plus the cumulative sum of (a) $300,000,000 and (b) an aggregate amount equal to 2550% of its Consolidated Net Income (but, each case, only if a positive numberwithout reduction for any losses) for each completed fiscal year quarter ending after June 4March 31, 20031996.

Consolidated Net Worth. The Company will not, not at any time, time permit Consolidated Net Worth to be less than the sum at such time of (a) $300,000,000 US$5,250,000,000 and (b) an aggregate amount equal to 2550% of its the Company’s Consolidated Net Income (but, each case, only if a positive number) for each completed fiscal year ending after June 4, 2003quarter of the Company for which Consolidated Net Income is positive and for 69 which financial statements shall have been delivered under Section 5.01(a) or (b) commencing with the fiscal quarter during which the Spin-Off shall have been consummated.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 50,000,000, plus (b) an aggregate amount equal to 2550% of its Consolidated Net Income Earnings (but, in each case, only if a positive number) for each completed fiscal year quarter beginning with the fiscal quarter ending after June 4October 30, 20031999.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 350,000,000, plus (b) an aggregate amount equal to 2520% of its Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal year ending after June 4, 2003.for

Consolidated Net Worth. The Company will not, at any time, permit $170,000,000 plus (b) an aggregate amount Consolidated Net Worth to be less than the sum of (a) $300,000,000 and (b) an aggregate amount equal to 25% of its Consolidated Net the sum of (a) Income (but, in each case, only if a positive number) for each completed fiscal year ending after June 4quarter beginning with the fiscal quarter ended March 31, 20032001.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 219,257,000 plus (b) an aggregate amount equal to 25% of its Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal year ending after June 4quarter beginning with the fiscal quarter ended December 31, 2003.

Consolidated Net Worth. The Company will not, at any time, not permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 60,000,000, plus (b) an aggregate amount equal to 2535% of its Consolidated Net Income on a cumulative basis (but, in each case, only if a positive number) for each completed fiscal year ending after June 4beginning with the fiscal year ended May 31, 20031997.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 75,000,000, plus (b) an aggregate amount equal to 2520% of its Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal year ending after June 4beginning with the fiscal year ended December 31, 20031997. .

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 720,000,000, plus (b) an aggregate amount equal to 2535% of its Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal year beginning with the fiscal year ending after June 4on December 31, 20032001.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 725,000,000, plus (b) an aggregate amount equal to 2520% of its Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal year quarter beginning with the fiscal quarter ending after June 4July 31, 20032002.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 180,000,000, plus (b) an aggregate amount equal to 2550% of its Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal year ending after June 4quarter beginning with the fiscal quarter ended March 31, 20031998.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and U.S.$200,000,000, plus (b) an aggregate amount equal to 25% of its Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal year ending after June 4quarter beginning with the fiscal quarter ended March 31, 2003.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (ai) $300,000,000 and 218,000,000 plus (bii) an aggregate amount equal to 25% of its Consolidated Net Income (but, each case, only if positive) on a positive number) cumulative basis for each completed fiscal year quarter ending after June 4December 31, 20032002.

Consolidated Net Worth. The Company will not, not at any time, time permit the Consolidated Net Worth to be less than the sum of (ai) $300,000,000 and (b) 228,000,000 plus, for each fiscal quarter ending after the Original Effective Date, an aggregate amount equal to 2535% of its the Consolidated Net Income (but, each case, only if a positive numberpositive) for each completed fiscal year ending after June 4, 2003such quarter.

Consolidated Net Worth. The Company will not, not at any time, time permit the Consolidated Net Worth to be less than the sum of (ai) $300,000,000 and (b) 228,000,000 plus, for each fiscal quarter ending after the Effective Date, an aggregate amount equal to 2535% of its the Consolidated Net Income (but, each case, only if a positive numberpositive) for each completed fiscal year ending after June 4, 2003such quarter.

Consolidated Net Worth. The Company will not, not at any time, time permit the Consolidated Net Worth to be less than the sum of (ai) $300,000,000 and 150,000,000, (bii) an aggregate amount equal to 2550% of consolidated net income of the Company and its Consolidated Net Income (but, each case, only if a positive number) Subsidiaries for each completed fiscal year of the Company (beginning with the fiscal year ending after on or nearest to June 430, 20032006) for which such consolidated net income is positive and (iii) 50% of the Net Proceeds of any Equity Issuance.

Consolidated Net Worth. The Company will not, at any time, not permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 85,000,000, plus (b) an aggregate amount equal to 2535% of its Consolidated Net Income on a cumulative basis (but, in each case, only if a positive number) for each completed fiscal year ending after June 4beginning with the fiscal year ended May 31, 20031998.

Consolidated Net Worth. The Company will not, not at any time, time permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 480,000,000 plus (b) an aggregate amount equal to 25% of its positive Consolidated Net Income (but, each case, only if a positive number) for each completed fiscal year, beginning with the fiscal year ending after June 4April 29, 20032005, calculated on a cumulative basis for such entire period.”

Consolidated Net Worth. The Company will not, not at any time, time permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 480,000,000 plus (b) an aggregate amount equal to 25% of its positive Consolidated Net Income (but, each case, only if a positive number) for each completed fiscal year, beginning with the fiscal year ending after June 4April 29, 20032005, calculated on a cumulative basis for such entire period.

Consolidated Net Worth. The Company will not, not at any time, time permit Consolidated Net Worth to be less than the sum of (ai) $300,000,000 and 832,654,000 plus (bii) an aggregate amount equal to 25the sum of 50% of its Consolidated Net Income (but, each case, only if a positive number) of the Company for each completed fiscal year quarter of the Company ending after June 4September 30, 20032002 (but only if Consolidated Net Income for such quarter is positive).

Consolidated Net Worth. The Company will not, at as of the last day of any timefiscal quarter of the Company, permit the Consolidated Net Worth to be less than the sum of (ai) $300,000,000 and 200,000,000, (bii) an aggregate amount equal to 2550% of consolidated net income of the Company and its Consolidated Net Income (but, each case, only if a positive number) Subsidiaries for each completed fiscal year of the Company (beginning with the fiscal year ending after on or nearest to June 430, 20032009) for which such consolidated net income is positive and (iii) 50% of the Net Proceeds of any Equity Issuance.

Consolidated Net Worth. The Company Corporation will not, at any time, not permit Consolidated Net Worth at any time to be less than the sum of (a) $300,000,000 and 35,569,167 at March 31, 1992, plus (b) an aggregate amount during each fiscal quarter thereafter equal to 25% the sum of its (i) the amount of Consolidated Net Worth required hereunder for the immediately preceding fiscal quarter, plus (ii) if positive, fifty percent (50%) of Consolidated Net Income (but, each case, only if a positive number) for each completed such immediately preceding fiscal year ending after June 4, 2003quarter.

Consolidated Net Worth. The Company will not, at any time, permit Consolidated Net Worth to be less than the sum of (a) $300,000,000 and 49,000,000 plus (b) an aggregate amount equal to 2550% of its Consolidated Net Income (but, in each case, only if a positive number) for each completed fiscal year ending after June 4quarter of the Company beginning with the fiscal quarter ended August 28, 20031999."