Common use of Consolidated Net Worth Clause in Contracts

Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the sum of $160,500,000, increased on a cumulative basis as of the end of each fiscal quarter of Borrower, commencing with the fiscal quarter ending December 31, 2006 by an amount equal to 50% of Consolidated Net Income (with no deductions for net losses) for the fiscal quarter then ended plus 100% of the amount of all Equity Issuances after the Closing Date that increase consolidated shareholders’ equity.

Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the sum of $160,500,000, increased on a cumulative basis as of the end of each fiscal quarter of Borrower, commencing Commencing with the fiscal quarter ending December March 31, 2006 by 2011, and at any time thereafter, permit Consolidated Net Worth to be less than an amount equal to the sum of (i) $1,000,000,000, (ii) an amount equal to 50% of the aggregate amount of Consolidated Net Income for each fiscal quarter ending on and after March 31, 2011 (with no deductions deduction for net losses), and (iii) for the fiscal quarter then ended plus an amount equal to 100% of the aggregate amount of all Equity Issuances after the Closing Date March 31, 2011 that increase consolidated shareholders’ equity.

Consolidated Net Worth. Permit the Consolidated Net Worth at any time to be less than the sum of $160,500,00080% of Consolidated Net Worth as of December 31, 2008 increased on a cumulative basis as of the end of each fiscal quarter of Borrower, commencing with the fiscal quarter ending December 31, 2006 Borrower by an amount equal to 50% of Consolidated Net Income (with no deductions for net lossesto the extent positive) for the such fiscal quarter then ended plus and 100% of the amount of all Equity Issuances after the Closing Date that increase consolidated shareholders’ equityIssuances.

Consolidated Net Worth. Permit The Consolidated Net Worth shall at any time all times be greater than or equal to be less than $1,100,000,000, increased by the sum of $160,500,000of, increased on a cumulative basis as of the end of each fiscal quarter of the Borrower, commencing with the fiscal quarter ending December 31June 30, 2006 by 2004, (i) an amount equal to 50% of Consolidated Net Income (with no deductions for net lossesto the extent positive) for the fiscal quarter then ended plus (ii) an amount equal to 100% of the amount of all Net Cash Proceeds from any Equity Issuances Issuance occurring after the Closing Date that increase consolidated shareholders’ equityDate.

Consolidated Net Worth. Permit Consolidated Net Worth at any time to all times shall be no less than the sum of $160,500,00045,000,000, increased on a cumulative basis as of the end last day of each fiscal quarter of Borrower, year commencing with the last day of fiscal quarter ending December 31year 1996, 2006 by an amount equal to 5030% of Consolidated Net Income (with no deductions for net losses) for the fiscal quarter year then ended plus 100% of the amount of all Equity Issuances after the Closing Date that increase consolidated shareholders’ equityended.

Consolidated Net Worth. Permit The Company shall not permit Consolidated Net Worth at any time to be less than the sum of (i) $160,500,000400,000,000, increased on a cumulative basis as of the end of each fiscal quarter of Borrowerthe Company, commencing with the fiscal quarter ending December 31June 30, 2006 2005 by (ii) an amount equal to 50% of the Consolidated Net Income (Income, to the extent positive with no deductions for net losses) , for the fiscal quarter then ended plus an amount equal to 100% of the amount of all net cash proceeds from any Equity Issuances after the Closing Date that increase consolidated shareholders’ equityIssuances.

Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the sum of an amount equal to $160,500,000, 221,500,000 increased on a cumulative basis as of the end of each fiscal quarter of the Borrower, commencing with the fiscal quarter ending December October 31, 2006 2003 by an amount equal to 50% of Consolidated Net Income (with no deductions for net lossesto the extent positive) for the fiscal quarter then ended plus 100% of the amount proceeds of all Equity Issuances equity issuances after the Closing Date that increase consolidated shareholders’ equityminus 50% of any charges incurred after the Closing Date for the write down of goodwill associated with the Power Electronics division.

Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the sum of an amount equal to $160,500,000, 56,000,000 increased on a cumulative basis as of the end of each fiscal quarter of the Borrower, commencing with the fiscal quarter ending December 31, 2006 2003 by an amount equal to 50% of Consolidated Net Income (with no deductions for net lossesto the extent positive) for the fiscal quarter then ended plus 100% of the amount proceeds of all Equity Issuances equity issuances after the Closing Date that increase consolidated shareholders’ equityDate.

Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the sum of $160,500,0001,138,050,000, increased on a cumulative basis as of the end of each fiscal quarter of Borrower, commencing with the fiscal quarter ending December March 31, 2006 2009 by an amount equal to 50% of Consolidated Net Income (with no deductions for net losses) for the fiscal quarter then ended plus 100% of the amount of all Equity Issuances after the Closing Date December 31, 2008 that increase consolidated shareholders’ equity.

Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the sum of an amount equal to $160,500,000, 58,000,000 increased on a cumulative basis as of the end of each fiscal quarter of the Borrower, commencing with the fiscal quarter ending December 31June 30, 2006 2005 by an amount equal to 50% of Consolidated Net Income (with no deductions for net lossesto the extent positive) for the fiscal quarter then ended plus 100% of the amount proceeds of all Equity Issuances equity issuances after the Closing Date that increase consolidated shareholders’ equityminus 50% of all non-cash charges for the write down of goodwill.

Consolidated Net Worth. Permit Consolidated Net Worth at the end of any time fiscal quarter after the Closing Date, beginning with the current fiscal quarter, to be less than the sum of (i) $160,500,000125,000,000, increased on a cumulative basis as of the end of each fiscal quarter of Borrower, commencing with the fiscal quarter ending December 31, 2006 by an amount equal to 5080% of Consolidated Net Income (with no deductions for net lossesif positive) for the each full fiscal quarter then ended after the Closing, plus 100(ii) ---- 90% of the positive amount of all Equity Issuances after the Closing Date that increase consolidated shareholders’ equityincreases in capital stock and additional paid-in capital from issuances of equity securities or other capital investments.

Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the sum of $160,500,000525,000,000, increased on a cumulative basis as by 80% of the end of each any fiscal quarter of Borrowerquarter, commencing beginning with the fiscal quarter ending December 31, 2006 by an amount equal to 50% of Consolidated Net Income (with no deductions for net lossesif positive) for the fiscal quarter then ended ending June 30, 1999, such quarter and each fiscal quarter to be less than (i) thereafter, plus 100(ii) 90% of the positive amount of all Equity Issuances after increases in capital stock and additional paid-in capital from issuances of equity securities or other capital investments from the Closing Date that increase consolidated shareholders’ equityDate.

Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the sum of $160,500,000359,000,000, increased on a cumulative basis as of the end of each fiscal quarter of Borrowerthe Parent, commencing with the fiscal quarter ending December March 31, 2006 2003 by an amount equal to the sum of (i) 50% of cumulative Consolidated Net Income (with no deductions for net lossesto the extent positive) for the each fiscal quarter then ended plus subsequent to the Closing Date and (ii) 100% of the amount of all Net Cash Proceeds from Equity Issuances after occurring subsequent to the Closing Date that increase consolidated shareholders’ equityDate.

Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the sum of $160,500,000, increased on a cumulative basis 1,100,000,000 as of the end of each fiscal quarter of Borrower, commencing with the ’s fiscal quarter ending December 31, 2006 by 2009, and at any time thereafter, an amount equal to the sum of (i) $1,100,000,000, (ii) an amount equal to 50% of the aggregate amount of Consolidated Net Income for each fiscal quarter ending on and after March 31, 2010 (with no deductions deduction for net losses), and (iii) for the fiscal quarter then ended plus an amount equal to 100% of the aggregate amount of all Equity Issuances after the Closing Date September 30, 2009 that increase consolidated shareholders’ equity.

Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the sum of $160,500,00085,000,000, increased on a cumulative basis as of the end of each fiscal quarter of Borrowerthe Company, commencing with the fiscal quarter ending December 31June 30, 2006 2007 by an amount equal to 50to75% of Consolidated Net Income (with no deductions for net lossesto the extent positive) for the fiscal quarter then ended plus 100% of the amount of all Equity Issuances after the Closing Date that increase consolidated shareholders’ equity.

Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the sum of $160,500,000, increased on a cumulative basis as of the end of each any fiscal quarter of Borrowerquarter, commencing beginning with the fiscal quarter ending December 31, 2006 1996, to be less than (i) $200,000,000, increased by an amount equal to 5080% of Consolidated Net Income (with no deductions for net lossesif positive) for the each fiscal quarter then ended thereafter, plus 100(ii) 90% of the positive amount of all Equity Issuances after the Closing Date that increase consolidated shareholders’ equityincreases in capital stock and additional paid-in capital from issuances of equity securities or other capital investments.

Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the sum of $160,500,00075% of Consolidated Net Worth as of December 28, 2003, increased on a cumulative basis as of the end of each fiscal quarter of the Borrower, commencing with the fiscal quarter ending December 31June 27, 2006 2004 by an amount equal to 50% of Consolidated Net Income (with no deductions for net lossesto the extent positive) for the fiscal quarter then ended plus 10075% of the amount of all Equity Issuances after the Closing Date that increase consolidated shareholders’ equityDate.

Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the sum of $160,500,000350,800,000, increased on a cumulative basis as of the end of each fiscal quarter of the Borrower, commencing with the fiscal quarter ending December 31, 2006 2003 by an amount equal to 50% of Consolidated Net Income (with no deductions for net lossesto the extent positive) for the fiscal quarter then ended plus 10080% of the amount Net Cash Proceeds of all any Equity Issuances after the Closing Date that increase consolidated shareholders’ equityconsummated in such fiscal quarter.

Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the sum of an amount equal to (i) $160,500,000107 million, increased on a cumulative basis as of the end of each fiscal quarter of the Borrower, commencing with the fiscal quarter ending December 31, 2006 2004 by an amount equal to 5075% of Consolidated Net Income (with no deductions for net lossesto the extent positive) for the fiscal quarter then ended plus (ii) 100% of the amount proceeds of all Equity Issuances equity issuances after the Closing Date that increase consolidated shareholders’ equityDate.

Consolidated Net Worth. Permit the Consolidated Net Worth at any time to be less than the sum of $160,500,00080% of Consolidated Net Worth as of December 31, 2010 increased on a cumulative basis as of the end of each fiscal quarter of Borrower, commencing with the fiscal quarter ending December 31, 2006 Borrower by an amount equal to 50% of Consolidated Net Income (with no deductions for net lossesto the extent positive) for the such fiscal quarter then ended plus and 100% of the amount of all Equity Issuances after the Closing Date that increase consolidated shareholders’ equity(net of any shares re-acquired).

Consolidated Net Worth. Permit Consolidated Net Worth at any time date to be less than the sum of (i) $160,500,00065,000,000, increased on a cumulative basis as (ii) 85% of the end amount by which Consolidated Net Worth shall have been increased by any acquisition accounted for by the pooling of each fiscal quarter of Borrower, commencing with the fiscal quarter ending December 31, 2006 by an amount equal to 50% interests method (after deducting merger and related expenses) and (iii) one- half of Consolidated Net Income (with no deductions for net lossesto the extent positive) for the each fiscal quarter then year ended plus 100% of the amount of all Equity Issuances after the Closing Date that increase consolidated shareholders’ equityon or prior to such date, beginning with fiscal year 1996.

Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the sum of an amount equal to (i) $160,500,00072 million, increased on a cumulative basis as of the end of each fiscal quarter of the Borrower, commencing with the fiscal quarter ending December March 31, 2006 2004 by an amount equal to 5075% of Consolidated Net Income (with no deductions for net lossesto the extent positive) for the fiscal quarter then ended plus (ii) 100% of the amount proceeds of all Equity Issuances equity issuances after the Closing Date that increase consolidated shareholders’ equityDate.

Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the sum of $160,500,000105,000,000, increased on a cumulative basis as of the end of each fiscal quarter of Borrowerthe Company, commencing with the fiscal quarter ending December 31, 2006 2004 by an amount equal to 5075% of Consolidated Net Income (with no deductions for net lossesto the extent positive) for the fiscal quarter then ended plus 100% of the amount of all Equity Issuances after the Closing Date that increase consolidated shareholders’ equityended.

Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the sum of $160,500,000, increased on a cumulative basis as of the end of each any fiscal quarter of Borrowerquarter, commencing beginning with the fiscal quarter ending December 31, 2006 1996, to be less than (i) $200,000,000, increased by an amount equal to 5080% of Consolidated Net Income (with no deductions for net lossesif positive) for the each fiscal quarter then ended after September 30, 1996, plus 100(ii) 90% of the positive amount of all Equity Issuances after the Closing Date that increase consolidated shareholders’ equityincreases in capital stock and additional paid-in capital from issuances of equity securities or other capital investments.

Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than $1,000,000,000 as of the Borrower’s fiscal quarter ending June 30, 2010, and at any time thereafter, an amount equal to the sum of (i) $160,500,0001,000,000,000, increased on a cumulative basis as of the end of each fiscal quarter of Borrower, commencing with the fiscal quarter ending December 31, 2006 by (ii) an amount equal to 50% of the aggregate amount of Consolidated Net Income for each fiscal quarter ending on and after September 30, 2010 (with no deductions deduction for net losses), and (iii) for the fiscal quarter then ended plus an amount equal to 100% of the aggregate amount of all Equity Issuances after the Closing Date June 30, 2010 that increase consolidated shareholders’ equity.

Consolidated Net Worth. Permit the Consolidated Net Worth at any time to be less than the sum $364,381,000 (which represents 85% of $160,500,000Net Worth as of July 31, 2003), increased on a cumulative basis as of the end of each fiscal quarter of Borrowerthe Consolidated Parties, commencing with the fiscal quarter ending December October 31, 2006 2003, by an amount equal to (x) 50% of Consolidated Net Income (with no deductions for net lossesto the extent positive) for the such fiscal quarter then ended plus and (y) 100% of the amount Net Cash Proceeds of all any Equity Issuances after the Closing Date that increase consolidated shareholders’ equity.consummated during such fiscal quarter. (c)

Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the sum of (i) $160,500,00078,000,000 plus (ii) 90% of the R&D Shortfall, to the extent positive, increased on a cumulative basis as of the end of each fiscal quarter of the Borrower, commencing with the fiscal quarter ending December 31, 2006 2002 by an amount equal to 5075% of Consolidated Net Income (with no deductions for net losses) for the fiscal quarter then ended (without deductions for any losses) plus 100% of the amount of all Equity Issuances after the Closing Date that increase consolidated shareholders’ equityDate.

Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the sum of $160,500,000420 million, increased on a cumulative basis as of the end of each fiscal quarter of the Borrower, commencing with the fiscal quarter ending December March 31, 2006 2004 by an amount equal to 50% of Consolidated Net Income (with no deductions for net lossesto the extent positive) for the fiscal quarter then ended plus 100% of the amount Net Cash Proceeds of all Equity Issuances after the Closing Date that increase consolidated shareholders’ equityDate.

Consolidated Net Worth. Permit At all times the Consolidated Net Worth at any time shall be greater than or equal to be less than the sum 90% of $160,500,000Consolidated Net Worth as of June 30, 1998, increased on a cumulative basis as of the end of each fiscal quarter of Borrowerthe Consolidated Parties, commencing with the fiscal quarter ending December 31September 30, 2006 1998 by (i) an amount equal to 50% of Consolidated Net Income (with no deductions for net losses) Income, to the extent positive for the fiscal quarter then ended plus and (ii) an amount equal to 100% of the amount Net Proceeds of all any Equity Issuances after the Closing Date that increase consolidated shareholders’ equityIssuances.

Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the sum of $160,500,000395,840,250, increased on a cumulative basis as of the end of each fiscal quarter of the Borrower, commencing with the fiscal quarter ending December 31October 29, 2006 2005 by an amount equal to 5025% of Consolidated Net Income (with no deductions for net lossesto the extent positive) for the fiscal quarter then ended plus 100% of the amount of all Equity Issuances after the Closing Date that increase consolidated shareholders’ equityended.

Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the sum of $160,500,000359,000,000, increased on a cumulative basis as of the end of each fiscal quarter of Borrowerthe Parent, commencing with the fiscal quarter ending December March 31, 2006 2003 by an amount equal to the sum of (i) 50% of cumulative Consolidated Net Income (with no deductions for net lossesto the extent positive) for the each fiscal quarter then ended plus subsequent to the Closing Date and (ii) 100% of the amount of all Net Cash Proceeds from Equity Issuances after occurring subsequent to the Closing Date that increase consolidated shareholders’ equity.

Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the sum of an amount equal to $160,500,000, 285,000,000 increased on a cumulative basis as of the end of each fiscal quarter of the Borrower, commencing with the fiscal quarter ending December 31April 26, 2006 2003 by an amount equal to 50% of Consolidated Net Income (with no deductions for net lossesto the extent positive) for the fiscal quarter then ended plus 100% of the amount proceeds of all Equity Issuances equity issuances after the Closing Date that increase consolidated shareholders’ equityDate.

Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the sum of negative $160,500,00037,100,000, increased on a cumulative basis as of the end of each fiscal quarter of the Borrower, commencing with the fiscal quarter ending December 31September 30, 2006 2003 by an amount equal to 5075% of Consolidated Net Income (with no deductions for net lossesto the extent positive) for the fiscal quarter then ended plus 100% of the amount of all Equity Issuances after the Closing Date that increase consolidated shareholders’ equityDate.

Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the sum of $160,500,000125,000,000, increased on a cumulative basis as of the end of each fiscal quarter of the Borrower, commencing with the fiscal quarter ending December 31, 2006 2004 by an amount equal to 50% seventy-five percent (75%) of Consolidated Net Income (with no deductions for net lossesto the extent positive) for the fiscal quarter then ended plus one hundred percent (100% %) of the amount Net Cash Proceeds of all Equity Issuances after the Closing Date that increase consolidated shareholders’ equityDate.