Adjusted Consolidated Tangible Net Worth. The Administrative Borrower shall maintain Adjusted Consolidated Tangible Net Worth measured as of the last day of each fiscal quarter ending after June 30, 2007 of (a) $500,000,000 plus (b) 50% of the Consolidated Net Income (without deduction for losses sustained during any fiscal quarter) of the Administrative Borrower for each full fiscal quarter starting after June 30, 2007 plus (c) 50% of the aggregate increase in shareholders’ equity of the Administrative Borrower after the Effective Date by reason of an Equity Issuance (including upon conversion of Indebtedness into such capital stock but excluding (i) Stock issued in connection with an employee stock ownership plan, an employee stock option plan, an employee stock purchase plan, and (ii) any portion of such increase in shareholders’ equity attributable to goodwill recognized in connection with a Permitted Acquisition).
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Sources: Amendment Agreement (Tousa Inc)
Adjusted Consolidated Tangible Net Worth. The Administrative Borrower shall maintain Adjusted Consolidated Tangible Net Worth measured as of the last day of each fiscal quarter ending after June 30, 2007 the Original Effective Date of (a) $500,000,000 plus (b) in the case of each fiscal quarter ending after the Original Effective Date, 50% of the Consolidated Net Income (without deduction for losses sustained during any fiscal quarter) of the Administrative Borrower for each full fiscal quarter starting after June 30, 2007 the Original Effective Date plus (c) 50% of the aggregate increase in shareholders’ equity of the Administrative Borrower after the Effective Date date hereof by reason of an Equity Issuance (including upon conversion of Indebtedness into such capital stock but excluding (i) Stock stock issued in connection with an employee stock ownership plan, an employee stock option plan, an employee stock purchase plan, and (ii) any portion of such increase in shareholders’ equity attributable to goodwill recognized in connection with a Permitted Acquisition).
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Adjusted Consolidated Tangible Net Worth. The Administrative Borrower shall maintain Adjusted Consolidated Tangible Net Worth measured as of the last day of each fiscal quarter ending after June 30, 2007 the Effective Date of (a) $500,000,000 plus (b) in the case of each fiscal quarter ending after the Effective Date, 50% of the Consolidated Net Income (without deduction for losses sustained during any fiscal quarter) of the Administrative Borrower for each full fiscal quarter starting after June 30, 2007 the Effective Date plus (c) 50% of the aggregate increase in shareholders’ equity of the Administrative Borrower after the Effective Date date hereof by reason of an Equity Issuance (including upon conversion of Indebtedness into such capital stock but excluding (i) Stock stock issued in connection with an employee stock ownership plan, an employee stock option plan, an employee stock purchase plan, and (ii) any portion of such increase in shareholders’ equity attributable to goodwill recognized in connection with a Permitted Acquisition).
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