Total Stockholders’ Equity. The Borrower will not permit Total Stockholders’ Equity at any time to be less than the sum of (i) $1,000,000,000 plus (ii) 100% of the net cash proceeds from the issuance of any capital stock of the Borrower or any of its Consolidated Subsidiaries after the date hereof, excluding any proceeds received from the exercise of stock options held by officers, directors, employees, or consultants of the Borrower or any of its Subsidiaries.
Total Stockholders’ Equity. 2.1(c) Total Stockholders' Equity Estimate..............................2.1(e)(i) Transaction Documents..................................................3.2
Total Stockholders’ Equity. The Borrower will not permit Total Stockholders’ Equity (i) at any time prior to December 31, 2007, to be less than the sum of (x) $1,000,000,000 plus (y) 100% of the net cash proceeds from the issuance of any capital stock of the Borrower or any of its Consolidated Subsidiaries after the date hereof (excluding any proceeds received from the exercise of stock options held by officers, directors, employees, or consultants of the Borrower or any of its Subsidiaries), (ii) at any time thereafter and prior to December 31, 2008, to be less than the sum of (x) $1,500,000,000 plus (y) 100% of the net cash proceeds from the issuance of any capital stock of the Borrower or any of its Consolidated Subsidiaries on or following the Amendment No. 1 and Waiver Effective Date (excluding any proceeds received from the exercise of stock options held by officers, directors, employees, or consultants of the Borrower or any of its Subsidiaries) and (iii) at any time thereafter, to be less than the sum of (x) $2,000,000,000 plus (y) 100% of the net cash proceeds from the issuance of any capital stock of the Borrower or any of its Consolidated Subsidiaries on or following the Amendment No. 1 and Waiver Effective Date (excluding any proceeds received from the exercise of stock options held by officers, directors, employees, or consultants of the Borrower or any of its Subsidiaries).
Total Stockholders’ Equity. To maintain on a consolidated basis Total Stockholders’ Equity equal to at least Seven Million Four Hundred Nineteen Thousand and No/100 Dollars ($7,419,000), which amount shall increase on a quarterly basis in an amount equal to ninety percent (90%) of Borrower’s net income (calculated on a consolidated basis) for such quarter. This amount shall be calculated at the end of each quarterly reporting period for which Bank requires financial statements.
Total Stockholders’ Equity. Cause, suffer or permit Total Stockholders Equity to be or become: (a) as at September 30, 2004, not less than Twenty Six Million Two Hundred Eighteen Thousand Dollars ($26,218,000.00), (b) as at December 31, 2004, not less than Twenty Five Million Eight Hundred Forty One Thousand Dollars ($25,841,000.00), and (c) (i) commencing with the quarter ending March 31, 2005, as at the end of the first three fiscal quarters in each fiscal year, not less than ninety-five percent (95%) of actual Total Stockholders Equity for the immediately preceding fiscal year-end; and (ii) as at the end of the fourth fiscal quarter in any fiscal year, not less than one hundred five percent (105%) of actual Total Stockholders Equity as of the prior fiscal year end; provided also, however, that this covenant shall be tested only for any fiscal quarters, in which Average Undrawn Availability for any month is less than Five Million Dollars ($5,000,000.00).
Total Stockholders’ Equity. (4,574) --------- (4,042) --------- $ 288,289 ========= 532 --------- 532 --------- $ 177,804 ========= | | | | | | 58 --------- (22,808) --------- $ 517,269 ========= 13 --------- (22,866) --------- $ 480,451 ========= See accompanying notes to the consolidated financial statements. XXXXX, INC. NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS
Total Stockholders’ Equity. The Balance Sheet as of the end of the day on August 31, 1997 (the "Closing Balance Sheet") will reflect a total of $509,000. Accordingly, in the event the total stockholders' equity reflected in the Closing Balance Sheet is less than $509,000.00, the Purchase Price shall be reduced by the amount by which $509,000.00 exceeds the total stockholders' equity reflected on the Closing Balance Sheet. One-half of such reduction in Purchase Price shall be reflected by a reduction in the cash payment due to Sellers on the Closing Date; the remaining one-half of such adjustment shall be reflected by a reduction in the principal balance owing under the First Note. In the event the Closing Balance Sheet reflects total stockholders' equity of more than $509,000, the Purchase Price will be increased by the amount by which total stockholders' equity exceeds $509,000. One half of such increase in the Purchase Price shall be reflected by an increase in the cash payment due to Sellers on the Closing Date; the remaining one-half of such adjustment shall be reflected by an increase in the principal balance owing under the First Note.
Total Stockholders’ Equity. Cause, suffer or permit the Total --------------------------- Stockholders Equity to be or become: (a) as at June 30, 2000, September 30, 2000 and December 31, 2000, less than Forty-Two Million Dollars ($42,000,000.00); (b) as at each fiscal quarter after Borrowers' December 31, 2000 fiscal year-end, not less than ninety-five percent (95%) of the Total Stockholders Equity for the immediately preceding fiscal year-end; and (c) as at each fiscal year-end subsequent to Borrowers' December 31, 2000 fiscal year-end, at least one hundred five percent (105%) of the Total Stockholders Equity as of the immediately preceding fiscal year-end; provided, however, the foregoing covenants set forth in Sections 7.18(a), (b) and (c) shall not be tested for any quarter during the Term so long as Borrowers maintain at all times during such fiscal quarter Undrawn Availability of more than Five Million Dollars ($5,000,000.00).
Total Stockholders’ Equity. The Company will not permit Total -------------------------- Stockholders' Equity to be less than $285,000,000 at any time.
Total Stockholders’ Equity. 2.1(c) Total Stockholders' Equity Estimate..................................2.1(e)(i) Transaction Documents......................................................3.2 3 Transition Services Agreement.............................................5.12 WARN......................................................................5.21 ARTICLE II THE TRANSACTION
