Maximum Loss. A Maximum Loss, tested on a trailing three (3) month period, of not greater than ($1,500,000) commencing with the trailing three (3) month period ending October 31, 2012 and on the last day of each month thereafter through June 30, 2013. Commencing with the month ending July 31, 2013, the required amount of Borrower’s Maximum Loss is subject to change based on Borrower’s annual financial projections approved by Borrower’s Board of Directors for the June 30, 2014 fiscal year end (the “2014 Maximum Loss Covenant”). Borrower’s failure to reach an agreement with Bank on the 2014 Maximum Loss Covenant and to execute and deliver to Bank an amendment to this Agreement, shall constitute an immediate Event of Default under this Agreement.
Maximum Loss. (a) In no event shall Sellers’ maximum aggregate liability for Losses pursuant to Sections 10.2.2(a) and Sections 10.2.3(a) (for any breach of or inaccuracy in the representations and warranties of the Company or any Seller or in any Certificate delivered by the Company or Sellers), exceed $[REDACTED], other than claims for Fraud, or causes of action arising out of, involving or otherwise in respect of, any Fundamental Representation, or the indemnification rights and obligations relating to Covered Taxes;
Maximum Loss. Borrower shall not incur, in any four consecutive fiscal quarters, commencing after the date of this Agreement, on a cumulative basis, a net loss of $10,000,000 or more, or in any period of eight consecutive fiscal quarters, commencing after the date of this Agreement on a cumulative basis, a net loss of $15,000,000 or more. Notwithstanding anything to the contrary contained herein, write-offs for goodwill, restructuring expense or other unusual or non-recurring expense arising during the first two fiscal quarters of Borrower's 1996 fiscal year (ending June 29, 1996) in connection with or pursuant to a restructuring and which Borrower would otherwise be required to include in the determination of Borrower's net loss under this Section 7.22, shall, in an aggregate amount not to exceed $13,000,000, be excluded from such determination of such net loss of Borrower."
Maximum Loss. The aggregate net loss of Borrower and its Subsidiaries (excluding amortization of stock-based compensation or in-process R&D charges, goodwill or other intangible asset amortization, or any other extraordinary non-cash item resulting from Borrower's acquisition of at least 50% of a non-affiliate company) will not exceed $10,000,000 in the quarter ending September 30, 2000, $9,300,000 in the quarter ending December 31, 2000, or $7,500,000 in the quarter ending March 31, 2001.
Maximum Loss. The Borrower and its Consolidated ------------ Subsidiaries, on a consolidated basis, shall no suffer an Adjusted Net Loss for two consecutive fiscal quarters, as tested quarterly. All financial covenants set fort in this Article 8 shall be determined or measured based on the financial statements o the Borrower described in Section 6.8 hereof.
Maximum Loss. The Borrowers, on a consolidated basis, shall not suffer a Net Loss in respect of calendar year 1999 in excess of $860,000, as measured; first, in respect of the six month period ending June 26, 1999; second, in respect of the nine month period ending September 25, 1999; and third, in respect of the twelvemonth period ending December 31, 1999.
Maximum Loss. Borrower may suffer quarterly losses not to exceed 20% of its projections, approved by its Board of Directors, submitted to Bank.
Maximum Loss. The Borrower shall have positive consolidated net income (excluding extraordinary, non-recurring income) before income taxes for each three month period during the Term (tested monthly on a "rolling" basis), except during the three months in the Borrower's fiscal quarter ending February 28, 1998 when it may have a consolidated net loss before income taxes not in excess of $405,000.
Maximum Loss. Maintain a maximum aggregate loss for the period June 1, 2002 through May 31, 2003, measured as of each fiscal quarter ending August 31, 2002, November 30, 2002, February 28, 2003 and May 31, 2003, not to exceed Five Hundred Thousand Dollars ($500,000). As used herein, “maximum aggregate loss” means Borrower’s GAAP net losses after taxes for the period of measurement.
Maximum Loss. Not to achieve any loss greater than the amounts indicated for each quarterly accounting period specified below: Period Maximum Amount of Loss ------ ---------------------- On May 3, 1997 [$ 4,000,000] On August 2, 1997 [$ 2,500,000] On November 1, 1997 [$ 3,500,000] ------------------------------------------------------------------------------- AmendL (10/92) -1- 012325-T2010
