Common use of Consolidated Net Worth Clause in Contracts

Consolidated Net Worth. The Borrower will not permit the Consolidated Net Worth at any time to be less than the sum of (i) $150,000,000 (less the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) and (ii) 50% of Consolidated Net Income of the Borrower and its Subsidiaries for each fiscal quarter of the Borrower (beginning with the fiscal quarter ending March 31, 2008) for which such Consolidated Net Income is positive.

Consolidated Net Worth. The Borrower will not permit the its Consolidated Net Worth at any time to be less than the sum of (i) $150,000,000 (less the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) and 163,725,000 plus (ii) 50% of Consolidated Net Income of (to the Borrower and its Subsidiaries extent a positive number) for each fiscal quarter ending after the Closing Date plus (iii) 100% of the Borrower net proceeds of any equity offering (beginning with or any debt offering to the fiscal quarter ending March 31, 2008extent converted into equity) for which such Consolidated Net Income is positiveby the Borrower.

Consolidated Net Worth. The Borrower will not permit the Consolidated Net Worth at any time to be less than the sum of (ia) $150,000,000 116,000,000 plus (less b) the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) and (ii) 50% of Consolidated Net Income aggregate sum of the Borrower and its Subsidiaries Fiscal Quarter Net Worth Increase Amounts calculated for each fiscal quarter of the Borrower (beginning with the fiscal quarter ending March 31, 2008) for which such Consolidated Net Income is positiveBorrower.

Consolidated Net Worth. The Borrower will not permit the Consolidated Net Worth at any time to be less than the sum of (i) $150,000,000 (less the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) 550,000,000 and (ii) 50% of Consolidated Net Income of the Borrower and its Subsidiaries for each fiscal quarter year of the Borrower (beginning with the fiscal quarter year ending March December 31, 20082011) for which such Consolidated Net Income is positive.

Consolidated Net Worth. The Borrower will not permit the its Consolidated Net Worth at any time to be less than the sum of (i) $150,000,000 (less the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) and (ii) 5038,000,000 plus 25% of its cumulative positive Consolidated Net Income of the Borrower and its Subsidiaries for each fiscal quarter of the Borrower (beginning with the fiscal quarter ending arising after March 31, 2008) for which such Consolidated Net Income is positive2001.

Consolidated Net Worth. The Borrower will not at any time permit the its Consolidated Net Worth at any time to be less than the sum of (i) $150,000,000 (less the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) and 1,044,500,000 plus (ii) 5025% of Consolidated Net Income of the Borrower and its Subsidiaries for each fiscal quarter of the Borrower (beginning with the fiscal quarter year ending March on or subsequent to December 31, 2008) 2004, for which such Consolidated Net Income is positive.

Consolidated Net Worth. The Borrower will not permit the Consolidated Net Worth at any time to be less than the sum of (i) $150,000,000 (less the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) and 50,000,000 plus (ii) on a cumulative basis, fifty percent (50% %) of positive Consolidated Net Income of the Borrower and its Subsidiaries for each fiscal quarter of the Borrower (beginning with the fiscal quarter ending ended March 3129, 2008) for which such Consolidated Net Income is positive1997. 9.

Consolidated Net Worth. The As of the end of each fiscal quarter, Borrower will not permit the its Consolidated Net Worth at any time to be less than $275,000,000, plus the sum of (i) $150,000,000 (less the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) and (ii) 50% of Consolidated Net Income of the Borrower and its Subsidiaries for each fiscal quarter of the Borrower (beginning with the fiscal quarter ending March 31, 2008) for which such Consolidated Net Income is positive.Worth Adjustment;

Consolidated Net Worth. The Borrower will not permit the Consolidated Net Worth at any time to be less than the sum of (ia) $150,000,000 110,000,000 plus (less b) the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) and (ii) 50% of Consolidated Net Income aggregate sum of the Borrower and its Subsidiaries Fiscal Quarter Net Worth Increase Amounts calculated for each fiscal quarter of the Borrower (beginning with the fiscal quarter ending March 31, 2008) for which such Consolidated Net Income is positiveBorrower.

Consolidated Net Worth. The Borrower will not permit the its Consolidated Net Worth at any time to be less than $975,000,000 as of the sum of (i) $150,000,000 (less the amount end of any dividend paid on the Closing Date pursuant to Section 7.07(e)) and (ii) 50% of Consolidated Net Income of the Borrower and its Subsidiaries for each fiscal quarter of the Borrower (beginning with the or fiscal quarter ending March 31, 2008) for which such Consolidated Net Income is positiveyear end.

Consolidated Net Worth. The Borrower will not permit the at any time Consolidated Net Worth at any time to be less than the sum of (i) $150,000,000 (less the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) 958,278,000 and (ii) an amount equal to 50% of Consolidated Net Income the net income (if positive) of the Borrower and its Consolidated Subsidiaries (determined on a consolidated basis without duplication in accordance with GAAP) for each fiscal quarter of the Borrower (beginning commencing with and including the fiscal quarter ending March 3126, 2008) for which such Consolidated Net Income is positive.2000. Credit Agreement

Consolidated Net Worth. The Borrower will not permit the its Consolidated Net Worth at any time to be less than the sum of (i) $150,000,000 (less the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) and (ii) 5035,000,000 plus 25% of its cumulative positive Consolidated Net Income of the Borrower and its Subsidiaries for each fiscal quarter of the Borrower (beginning with the fiscal quarter ending March 31arising after September 30, 2008) for which such Consolidated Net Income is positive2001.

Consolidated Net Worth. The Borrower will not permit the its Consolidated Net Worth at any time to be less than the sum of (i) $150,000,000 (less the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) and (ii) 5045,000,000 plus 25% of its cumulative positive Consolidated Net Income of the Borrower and its Subsidiaries for each fiscal quarter of the Borrower (beginning with the fiscal quarter ending March arising after December 31, 2008) for which such Consolidated Net Income is positive1999.

Consolidated Net Worth. The Borrower will not permit the its Consolidated Net Worth at any time to be less than the sum of (i) $150,000,000 (less the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) and 98,873,000 plus (ii) 50% of Consolidated Net Income of (to the Borrower and its Subsidiaries extent a positive number) for each fiscal quarter ending after December 31, 2006 plus (iii) 100% of the proceeds of any equity offering (or any debt offering to the extent converted into equity) by the Borrower (beginning with the fiscal quarter ending March 31, 2008) for which such Consolidated Net Income is positiveoccurring after December 31,2006.”

Consolidated Net Worth. The Borrower will not permit the its Consolidated Net Worth at any time to be less than the sum of (i) an amount equal to $150,000,000 (less the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) and (ii) 50163,897,000, plus 75% of positive Consolidated Net Income on a cumulative basis for all fiscal quarters of the Borrower and its Subsidiaries for each fiscal quarter of the Borrower (beginning commencing with the fiscal quarter ending March 31on November 30, 2008) for which such Consolidated Net Income is positive.2005 (provided, that if 58

Consolidated Net Worth. The Borrower will not permit the its Consolidated Net Worth at any time to be less than the sum of (ia) $150,000,000 1,126,000,000 plus (less the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) and (iib) 50% of Consolidated Net Income of the Borrower and its Subsidiaries for each fiscal quarter of the Borrower (beginning with the fiscal quarter ending March 31, 2008) for which such if Consolidated Net Income is positive) or zero (if Consolidated Net Income is negative) for each fiscal quarter ending after the date hereof.

Consolidated Net Worth. The Borrower will not permit the Consolidated Net Worth at any time to be less than the sum of (i) $150,000,000 (less the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) and 70,000,000 plus (ii) on a cumulative basis, fifty percent (50% %) of positive Consolidated Net Income of the Borrower and its Subsidiaries for each fiscal quarter of the Borrower (beginning with the fiscal quarter ending ended March 3128, 2008) for which such Consolidated Net Income is positive1998.

Consolidated Net Worth. The Borrower will not permit the Consolidated Net Worth at any time to be less than the sum of (i) $150,000,000 (less the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) and 800,000,000, (ii) 5025% of cumulative Consolidated Net Income of the Borrower and its Subsidiaries for each fiscal quarter of the Borrower (beginning with the fiscal quarter ending March 31September 30, 20082000) for which such Consolidated Net Income is positivepositive and (iii) 100% of the Net Cash Proceeds of any common equity issued by the Borrower after the Effective Date.

Consolidated Net Worth. The Borrower will not permit the at any time Consolidated Net Worth at any time to be less than the sum of (i) $150,000,000 (less the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) 958,278,000 and (ii) an amount equal to 50% of Consolidated Net Income the net income (if positive) of the Borrower and its Consolidated Subsidiaries (determined on a consolidated basis without duplication in accordance with GAAP) for each fiscal quarter of the Borrower (beginning commencing with and including the fiscal quarter ending March 3126, 2008) for which such Consolidated Net Income is positive2000.

Consolidated Net Worth. The Borrower will not permit the its Consolidated Net Worth at any time to be less than the sum of (i) $150,000,000 (less the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) and (ii) 5014,500,000 plus 25% of its cumulative positive Consolidated Net Income of the Borrower and its Subsidiaries for each fiscal quarter of the Borrower (beginning with the fiscal quarter ending arising after March 31, 2008) for which such Consolidated Net Income is positive2002.

Consolidated Net Worth. The Borrower will not permit the its Consolidated Net Worth at any time to be less than $850,000,000 as of the sum of (i) $150,000,000 (less the amount end of any dividend paid on the Closing Date pursuant to Section 7.07(e)) and (ii) 50% of Consolidated Net Income of the Borrower and its Subsidiaries for each fiscal quarter of the Borrower (beginning with the or fiscal quarter ending March 31, 2008) for which such Consolidated Net Income is positiveyear end.

Consolidated Net Worth. The Borrower will not permit the its Consolidated Net Worth at any time to be less than the sum of (i) $150,000,000 (less the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) and 59,843,400 plus (ii) 50% of Consolidated Net Income of (to the Borrower and its Subsidiaries extent a positive number) for each fiscal quarter ending after June 30, 2003 plus (iii) 100% of the Borrower proceeds of any equity offering (beginning with or any debt offering to the fiscal quarter ending March 31, 2008extent converted into equity) for which such Consolidated Net Income is positiveby the Borrower.

Consolidated Net Worth. The Borrower will not permit the its Consolidated Net Worth at any time to be less than the sum of (i) $150,000,000 (less the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) and 98,873,000 plus (ii) 50% of Consolidated Net Income of (to the Borrower and its Subsidiaries extent a positive number) for each fiscal quarter ending after December 31, 2006 plus (iii) 100% of the proceeds of any equity offering (or any debt offering to the extent converted into equity) by the Borrower (beginning with the fiscal quarter ending March occurring after December 31, 2008) for which such Consolidated Net Income is positive2006.

Consolidated Net Worth. The Borrower will not permit the Consolidated Net Worth at any time to be less than the sum of (i) $150,000,000 (less the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) 811,000,000 and (ii) 50% of Consolidated Net Income of the Borrower and its Subsidiaries for each fiscal quarter year of the Borrower (beginning with the fiscal quarter year ending March December 31, 20082012) for which such Consolidated Net Income is positive.

Consolidated Net Worth. The Borrower will not, and will not cause or permit the any of its Subsidiaries to, directly or indirectly, permit Consolidated Net Worth at any time to be less than the sum of (i) $150,000,000 (less the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) and (ii) 450,000,000 plus 50% of the aggregate of Consolidated Net Income from January 1, 1997 to the date of the Borrower and its Subsidiaries for each fiscal quarter of the Borrower (beginning with the fiscal quarter ending March 31, 2008) for which such Consolidated Net Income is positivedetermination.

Consolidated Net Worth. The Borrower will not permit the its Consolidated Net Worth at any time to be less than the sum of (ia) $150,000,000 1,500,000,000 plus (less the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) and (iib) 50% of Consolidated Net Income of the Borrower and its Subsidiaries for each fiscal quarter of the Borrower (beginning with the fiscal quarter ending March 31, 2008) for which such if Consolidated Net Income is positive) or zero (if Consolidated Net Income is negative) for each fiscal quarter ending on or after December 31, 2004.

Consolidated Net Worth. The Borrower will not permit the its Consolidated Net Worth at any time to be less than the sum of (i) $150,000,000 (less the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) and 70,867,050 plus (ii) 50% of Consolidated Net Income of (to the Borrower and its Subsidiaries extent a positive number) for each fiscal quarter ending after September 30, 2004 plus (iii) 100% of the Borrower proceeds of any equity offering (beginning with or any debt offering to the fiscal quarter ending March 31, 2008extent converted into equity) for which such Consolidated Net Income is positiveby the Borrower.

Consolidated Net Worth. The Borrower will not permit the Consolidated Net Worth at any time to be less than the sum of (i) $150,000,000 (less the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) and 800,000,000, (ii) 5025% of cumulative Consolidated Net Income of the Borrower and its Subsidiaries for each fiscal quarter of the Borrower (beginning with the fiscal quarter ending March 31September 30, 20082004) for which such Consolidated Net Income is positivepositive and (iii) 100% of the Net Cash Proceeds of any common equity issued by the Borrower after the Effective Date.

Consolidated Net Worth. The Borrower will not permit the Consolidated Net Worth at any time to be less than the sum total of (i) $150,000,000 (less the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) and 96,806,500 plus (ii) on a cumulative basis, fifty percent (50% %) of positive Consolidated Net Income of the Borrower and its Subsidiaries for each fiscal quarter beginning with the fiscal quarter of the Borrower (beginning with the fiscal quarter ending March 31ended December 25, 2008) for which such Consolidated Net Income is positive1999."