Common use of Minimum Net Income Clause in Contracts

Minimum Net Income. The Borrower will maintain, during each period described below, its Net Income, determined as at the end of each quarter, at an amount not less than the amount set forth opposite such period (numbers appearing between “( )” are negative): Period Minimum Net Income Six months ending June 30, 2002 ($1,049,000) Nine months ending Sept. 30, 2002 ($665,000) Twelve months ending Dec. 31, 2002 ($600,000) "

Minimum Net Income. The Borrower will maintain, achieve during each period described below, its Net Income, determined as at the end Income of each quarter, at an amount not less than, or a Net Loss not greater than (excluding any impact of the settlement of the private shareholder class actions settled by payment by the Borrower of shares of the Borrower), the amount set forth opposite such period (numbers number appearing between “( "()” " are negative): Period Minimum Net Income Six PERIOD MINIMUM NET INCOME The nine months ending March 31, 2002 ($2,900,000) The twelve months ending June 30, 2002 ($1,049,000) Nine months ending Sept. 30, 2002 ($665,000) Twelve months ending Dec. 31, 2002 ($600,000) 2,900,000)"

Minimum Net Income. The Borrower will maintainachieve, during each period ------------------ described below, its Net Income, determined as at the end Income of each quarter, at an amount not less than the amount set forth opposite such period (numbers appearing between “( )” are negative): Period date: Date Minimum Net Income ---- ------------------- Three months ending March 31, 2002 $ 273,000 Six months ending June 30, 2002 ($1,049,000) $ 616,000 Nine months ending Sept. September 30, 2002 ($665,000) 1,115,000 Twelve months ending Dec. December 31, 2002 ($600,000) 1,658,000"

Minimum Net Income. The Borrower will maintainachieve, during for each period described belowfrom the first day of the fiscal year containing the following indicated months to the last day of such month, its Net Income, determined as at the end Income of each quarter, at an amount not less than the amount set forth opposite such period month set forth in the table below (numbers appearing between “( )” < >“ are negative): Year-to-Date Period Ending the Last Day of Minimum Net Income Six months ending June 30, 2002 2007 $ ($1,049,0001,000,000 ) Nine months ending Sept. 30, 2002 July 2007 $ ($665,0001,250,000 ) Twelve months ending Dec. 31, 2002 August 2007 $ ($600,0001,500,000 ) "September 2007 $ (1,500,000 )

Minimum Net Income. The Borrower will maintain, achieve during each period described below, its Minimum Net Income, determined as at the end of each quarter, at an amount not less than the amount set forth opposite such period (numbers appearing between “"( )” " are negative): Period Minimum Net Income ------ ------------------ Five months ending May 31, $(20,000) 2000 Six months ending June 30, 2002 ($1,049,000) 0 2000 Seven months ending July $20,000 31, 2000 Eight months ending August $40,000 31, 2000 Nine months ending Sept. $60,000 September 30, 2002 (2000 Ten months ending October $665,000) 80,000 31, 2000 Eleven months ending $100,000 November 30, 2000 Twelve months ending Dec. $126,000 December 31, 2002 ($600,000) "2000

Minimum Net Income. The Borrower will maintain, during each period described below, its Net Income, determined as at the end of each quarter, at an amount not less than the amount set forth opposite such period (numbers appearing between “( )” are negative): Period Minimum Net Income Six months ending June 30, 2002 2001 ($1,049,0001,705,000) Nine months ending Sept. 30, 2002 2001 ($665,0001,991,000) Twelve months ending Dec. 31, 2002 2001 ($600,000) "2,139,000)

Minimum Net Income. The Borrower will maintain, during each period described below, its Net Income, determined as at the end of each quarter, at an amount not less than the amount set forth opposite such period (numbers appearing between “( )” are negative): Period Minimum Net Income Twelve months ending Dec. 31, 2001 ($6,254,000) Three months ending March 31, 2002 ($866,000) Six months ending June 30, 2002 ($1,049,0001,251,000) Nine months ending Sept. 30, 2002 ($665,0001,991,000) Twelve months ending Dec. 31, 2002 ($600,0001,010,000) "” -2-

Minimum Net Income. The Borrower will maintain, achieve during each period described below, its Net Income, determined as at the end Income of each quarter, at an amount not less than the amount set forth opposite such period (numbers appearing between “( )” are negative): period: Period Minimum Net Income Two months ended September 30, 1997 $ 0 Five months ended December 31, 1997 55,000 Three months ended March 31, 1998 (184,000) Six months ending ended June 30, 2002 1998 ($1,049,00082,000) Nine months ending Sept. ended September 30, 2002 ($665,000) 1998 72,000 Twelve months ending Dec. ended December 31, 2002 ($600,000) "1998 50,000

Minimum Net Income. The Borrower will maintainachieve, during each period described below, Net Income for its Net IncomeU.S. operations, determined as at the end of each quartersuch period, at an amount of not less than the amount set forth opposite such period (numbers appearing between “"( )” " are negative): Period Minimum Net Income Six ------ ------------------ The three months ending December 31, 2001 ($165,000) The three months ending March 31, 2002 ($309,000) The six months ending June 30, 2002 ($1,049,000) Nine 74,000 The nine months ending Sept. September 30, 2002 ($665,000) Twelve 875,000 The twelve months ending Dec. December 31, 2002 ($600,000) "1,650,000

Minimum Net Income. The Borrower will maintain, during achieve as ------------------ of each period date described below, its fiscal year-to-date Net Income, determined as at the end Income of each quarter, at an amount not less than the amount set forth opposite such period (numbers appearing between “( )” are negative): date: Period Minimum Net Income ------ ------------------ Three months ended March 31, 2001 $444,000 Six months ending ended June 30, 2002 (2001 $1,049,000) 1,089,000 Period Minimum Net Income ------ ------------------ Nine months ending Sept. ended September 30, 2002 (2001 $665,000) 1,890,000 Twelve months ending Dec. ended December 31, 2002 (2001 $600,000) "2,999,000

Minimum Net Income. The Borrower will maintain, during each period described below, its Net Income, determined as at the end of each quarter, at an amount not less than the amount set forth opposite such period (numbers appearing between “( )” are negative): Period Minimum Net Income Three months ending March 31, 2003 ($325,000 ) Six months ending June 30, 2002 2003 ($1,049,000215,000 ) Nine months ending Sept. 30, 2002 2003 ($665,000$ 40,000 ) Twelve months ending Dec. 31, 2002 ($600,000) "2003 $ 250,000 ”

Minimum Net Income. The Borrower will maintain, maintain during each period described below, its Minimum Net Income, Income determined as at the end of each quartercalendar quarter measured on a year-to-date basis, at an amount of not less than the amount set forth opposite such period (numbers appearing between “( )” are negative): Period period: Quarter Ending Minimum Net Income Six months ending June September 30, 2002 $ ($1,049,0001,855,000 ) Nine months ending Sept. 30, 2002 ($665,000) Twelve months ending Dec. December 31, 2002 $ ($600,000) 1,345,000 )"

Minimum Net Income. The Borrower will maintainachieve, during each period described below, its Net Income, determined when measured on a fiscal year-to-date basis as at of the end of each quarterfiscal quarter set forth below, at an amount Net Income of not less than the amount set forth opposite such period (numbers appearing between “( )” are negative): Period quarter-ending date: Quarter Ending Minimum Net Income Six months ending March 31, 2004 $ (487,000 ) June 30, 2002 2004 $ ($1,049,000608,000 ) Nine months ending Sept. September 30, 2002 2004 $ ($665,000754,000 ) Twelve months ending Dec. December 31, 2002 2004 $ ($600,000) "222,000 )

Minimum Net Income. The Borrower will maintain, achieve during each period described below, its Net Income, determined as at the end Income of each quarter, at an amount not less than than, or a Net Loss not greater than, the amount set forth opposite such period (numbers number appearing between “( "()” " are negative): Period Minimum Net Income Six PERIOD MINIMUM NET INCOME The twelve months ending June 30, 2001 ($1,400,000) The three months ending September 30, 2001 ($1,800,000) The six months ending December 31, 2001 ($1,685,000) The nine months ending March 31, 2002 $1,600,000 The twelve months ending June 30, 2002 ($1,049,000) Nine months ending Sept. 30, 2002 ($665,000) Twelve months ending Dec. 31, 2002 ($600,000) 3,200,000"

Minimum Net Income. The Borrower will maintain, achieve during each period described below, its Net Income, determined as at the end of each quarter, at an amount not less than the amount set forth opposite such period (numbers appearing between “( )” "<>" are negative): Period Minimum Net Income Six months ending ------------------------ ------------------ March 31, 2004 <$516,000> April 30, 2004 <$563,000> May 31, 2004 <$603,000> June 30, 2002 (2004 <$1,049,000) Nine months ending Sept. 553,000> July 31, 2004 <$463,000> August 31, 2004 <$288,000> September 30, 2002 (2004 <$665,000) Twelve months ending Dec. 178,000> October 31, 2002 (2004 $600,000) 0 November 30, 2004 $100,000 December 31, 2004 $175,000"