Common use of Consolidated Net Worth Clause in Contracts

Consolidated Net Worth. The Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (i) $59,843,400 plus (ii) 50% of Consolidated Net Income (to the extent a positive number) for each fiscal quarter ending after June 30, 2003 plus (iii) 100% of the proceeds of any equity offering (or any debt offering to the extent converted into equity) by the Borrower.

Consolidated Net Worth. The Borrower will not permit its Consolidated Net Worth at any time to be less than $850,000,000 as of the sum end of (i) $59,843,400 plus (ii) 50% of Consolidated Net Income (to the extent a positive number) for each any fiscal quarter ending after June 30, 2003 plus (iii) 100% of the proceeds of any equity offering (or any debt offering to the extent converted into equity) by the Borrowerfiscal year end.

Consolidated Net Worth. The Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (i) $59,843,400 35,000,000 plus (ii) 5025% of its cumulative positive Consolidated Net Income (to the extent a positive number) for each fiscal quarter ending arising after June September 30, 2003 plus (iii) 100% of the proceeds of any equity offering (or any debt offering to the extent converted into equity) by the Borrower2001.

Consolidated Net Worth. The Borrower will Borrowers have not permit its permitted Consolidated Net Worth at any time to be less than the sum of (i) $59,843,400 316,000,000 plus (ii) 50% of the Borrowers’ Consolidated Net Income (to for the extent a positive number) final fiscal quarter of 2005 and for each fiscal quarter ending after June 30year thereafter (but without deduction for any fiscal year in which Consolidated Net Income is a negative amount), 2003 plus (iii) 100% with the annual adjustments to be applicable as of December 31, 2005 and as of the proceeds end of any equity offering (or any debt offering to the extent converted into equity) by the Borrowereach subsequent fiscal year.

Consolidated Net Worth. The Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (i) $59,843,400 163,725,000 plus (ii) 50% of Consolidated Net Income (to the extent a positive number) for each fiscal quarter ending after June 30, 2003 the Closing Date plus (iii) 100% of the net proceeds of any equity offering (or any debt offering to the extent converted into equity) by the Borrower.

Consolidated Net Worth. The Borrower will not permit its the Consolidated Net Worth at any time to be less than the sum of (i) $59,843,400 plus 550,000,000 and (ii) 50% of Consolidated Net Income (to of the extent a positive number) Borrower and its Subsidiaries for each fiscal quarter ending after June 30, 2003 plus (iii) 100% year of the proceeds of any equity offering Borrower (or any debt offering to beginning with the extent converted into equityfiscal year ending December 31, 2011) by the Borrowerfor which such Consolidated Net Income is positive.

Consolidated Net Worth. The Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (i) $59,843,400 45,000,000 plus (ii) 5025% of its cumulative positive Consolidated Net Income (to the extent a positive number) for each fiscal quarter ending arising after June 30December 31, 2003 plus (iii) 100% of the proceeds of any equity offering (or any debt offering to the extent converted into equity) by the Borrower1999.

Consolidated Net Worth. The Borrower will not permit its at any time Consolidated Net Worth at any time to be less than the sum of (i) $59,843,400 plus 958,278,000 and (ii) an amount equal to 50% of the net income (if positive) of the Borrower and its Consolidated Net Income Subsidiaries (to the extent determined on a positive numberconsolidated basis without duplication in accordance with GAAP) for each fiscal quarter ending after June 30, 2003 plus (iii) 100% of the proceeds of any equity offering (or any debt offering to Borrower commencing with and including the extent converted into equity) by the Borrower.fiscal quarter ending March 26, 2000. Credit Agreement

Consolidated Net Worth. The Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (i) $59,843,400 plus 800,000,000, (ii) 5025% of cumulative Consolidated Net Income (to the extent a positive number) for each fiscal quarter of the Borrower (beginning with the fiscal quarter ending after June September 30, 2003 plus 2004) for which Consolidated Net Income is positive and (iii) 100% of the proceeds Net Cash Proceeds of any common equity offering (or any debt offering to the extent converted into equity) issued by the BorrowerBorrower after the Effective Date.

Consolidated Net Worth. The Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (i) $59,843,400 260,000,000 plus (ii) 50% of the Borrower’s Consolidated Net Income (to the extent a positive number) for each fiscal quarter ending year beginning after June 30December 31, 2003 plus (iii) 100% but without deduction for any fiscal year in which Consolidated Net Income is a negative amount), with the annual adjustments to be applicable as of December 31, 2004 and as of the proceeds end of any equity offering (or any debt offering to the extent converted into equity) by the Borrowereach subsequent fiscal year.

Consolidated Net Worth. The Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (ia) $59,843,400 1,500,000,000 plus (iib) 50% of Consolidated Net Income (to the extent a positive numberif Consolidated Net Income is positive) or zero (if Consolidated Net Income is negative) for each fiscal quarter ending on or after June 30December 31, 2003 plus (iii) 100% of the proceeds of any equity offering (or any debt offering to the extent converted into equity) by the Borrower2004.

Consolidated Net Worth. The Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (i) $59,843,400 70,867,050 plus (ii) 50% of Consolidated Net Income (to the extent a positive number) for each fiscal quarter ending after June September 30, 2003 2004 plus (iii) 100% of the proceeds of any equity offering (or any debt offering to the extent converted into equity) by the Borrower.

Consolidated Net Worth. The Borrower will not permit its Consolidated Net Worth at any time to be less than $975,000,000 as of the sum end of (i) $59,843,400 plus (ii) 50% of Consolidated Net Income (to the extent a positive number) for each any fiscal quarter ending after June 30, 2003 plus (iii) 100% of the proceeds of any equity offering (or any debt offering to the extent converted into equity) by the Borrowerfiscal year end.

Consolidated Net Worth. The Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (i) $59,843,400 plus 800,000,000, (ii) 5025% of cumulative Consolidated Net Income (to the extent a positive number) for each fiscal quarter of the Borrower (beginning with the fiscal quarter ending after June September 30, 2003 plus 2000) for which Consolidated Net Income is positive and (iii) 100% of the proceeds Net Cash Proceeds of any common equity offering (or any debt offering to the extent converted into equity) issued by the BorrowerBorrower after the Effective Date.

Consolidated Net Worth. The Borrower will not permit its at any time Consolidated Net Worth at any time to be less than the sum of (i) $59,843,400 plus 958,278,000 and (ii) an amount equal to 50% of the net income (if positive) of the Borrower and its Consolidated Net Income Subsidiaries (to the extent determined on a positive numberconsolidated basis without duplication in accordance with GAAP) for each fiscal quarter ending after June 30, 2003 plus (iii) 100% of the proceeds of any equity offering (or any debt offering to Borrower commencing with and including the extent converted into equity) by the Borrowerfiscal quarter ending March 26, 2000.

Consolidated Net Worth. The Borrower Obligors and their Subsidiaries will not permit its Consolidated Net Worth at any time to be less than the sum of (ia) $59,843,400 12,000,000, plus (iib) on a cumulative basis, 50% of positive Consolidated Net Income (to the extent a positive number) for each fiscal quarter ending after June 30beginning with the fiscal quarter ended March 31, 2003 1999, plus (iiic) 100% of the proceeds of any sale by any Borrower of equity offering (or any debt offering to the extent converted into equity) securities issued by the such Borrower., minus

Consolidated Net Worth. The Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (ia) $59,843,400 1,126,000,000 plus (iib) 50% of Consolidated Net Income (to the extent a positive numberif Consolidated Net Income is positive) or zero (if Consolidated Net Income is negative) for each fiscal quarter ending after June 30, 2003 plus (iii) 100% of the proceeds of any equity offering (or any debt offering to the extent converted into equity) by the Borrowerdate hereof.

Consolidated Net Worth. The Borrower Company will not at any time permit its Consolidated Net Worth at any time to be less than the sum of (ia) $59,843,400 480,000,000 plus (iib) 50an amount equal to 25% of positive Consolidated Net Income (to the extent a positive number) for each completed fiscal quarter year, beginning with the fiscal year ending after June 30April 29, 2003 plus (iii) 100% of the proceeds of any equity offering (or any debt offering to the extent converted into equity) by the Borrower2005, calculated on a cumulative basis for such entire period.

Consolidated Net Worth. The Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (i) $59,843,400 98,873,000 plus (ii) 50% of Consolidated Net Income (to the extent a positive number) for each fiscal quarter ending after June 30December 31, 2003 2006 plus (iii) 100% of the proceeds of any equity offering (or any debt offering to the extent converted into equity) by the BorrowerBorrower occurring after December 31, 2006.

Consolidated Net Worth. The Borrower will has not permit its permitted Consolidated Net Worth at any time to be less than the sum of (i) $59,843,400 260,000,000 plus (ii) 50% of the Borrower’s Consolidated Net Income (to the extent a positive number) for each fiscal quarter ending year beginning after June 30December 31, 2003 plus (iii) 100% but without deduction for any fiscal year in which Consolidated Net Income is a negative amount), with the annual adjustments to be applicable as of December 31, 2004 and as of the proceeds end of any equity offering (or any debt offering to the extent converted into equity) by the Borrowereach subsequent fiscal year.

Consolidated Net Worth. The Borrower will not at any time permit its Consolidated Net Worth at any time to be less than the sum of (i) $59,843,400 1,044,500,000 plus (ii) 5025% of Consolidated Net Income (to the extent a positive number) for each fiscal quarter year ending after June 30on or subsequent to December 31, 2003 plus (iii) 100% of the proceeds of any equity offering (or any debt offering to the extent converted into equity) by the Borrower2004, for which Consolidated Net Income is positive.

Consolidated Net Worth. The As of the end of each fiscal quarter, Borrower will not permit its Consolidated Net Worth at any time to be less than $275,000,000, plus the sum of (i) $59,843,400 plus (ii) 50% of Consolidated Net Income (to the extent a positive number) for each fiscal quarter ending after June 30, 2003 plus (iii) 100% of the proceeds of any equity offering (or any debt offering to the extent converted into equity) by the Borrower.Worth Adjustment;

Consolidated Net Worth. The Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (i) $59,843,400 98,873,000 plus (ii) 50% of Consolidated Net Income (to the extent a positive number) for each fiscal quarter ending after June 30December 31, 2003 2006 plus (iii) 100% of the proceeds of any equity offering (or any debt offering to the extent converted into equity) by the BorrowerBorrower occurring after December 31,2006.”

Consolidated Net Worth. The Borrower will not permit its Consolidated Net Worth at any time to be less than $220,000,000 plus the sum of (i) $59,843,400 plus (ii) 50% of Consolidated Net Income (to the extent a positive number) for each fiscal quarter ending after June 30, 2003 plus (iiia) 100% of the proceeds Net Proceeds received by or on behalf of the Borrower or any Subsidiary in respect of any equity offering Equity Issuance and (b) 50% of cumulative Consolidated Net Income for each fiscal quarter ended after the Effective Date and for which the Borrower shall have delivered financial statements under Section 5.01(a) or (b) (excluding any debt offering to the extent converted into equity) by the Borrowerfiscal quarter for which Consolidated Net Income shall have been negative).

Consolidated Net Worth. The Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (i) $59,843,400 70,000,000 plus (ii) on a cumulative basis, fifty percent (50% %) of positive Consolidated Net Income (to the extent a positive number) for each fiscal quarter ending after June 30beginning with the fiscal quarter ended March 28, 2003 plus (iii) 100% of the proceeds of any equity offering (or any debt offering to the extent converted into equity) by the Borrower1998.

Consolidated Net Worth. The Borrower will not permit its Consolidated Net Worth at any time to be less than $250,000,000 plus the sum of (i) $59,843,400 plus (ii) 50% of Consolidated Net Income (to the extent a positive number) for each fiscal quarter ending after June 30, 2003 plus (iiia) 100% of the proceeds Net Proceeds received by or on behalf of the Borrower or any Subsidiary in respect of any equity offering Equity Issuance and (b) 50% of cumulative Consolidated Net Income for each fiscal quarter ended after the Effective Date and for which the Borrower shall have delivered financial statements under Section 5.01(a) or (b) (excluding any debt offering to the extent converted into equity) by the Borrowerfiscal quarter for which Consolidated Net Income shall have been negative).

Consolidated Net Worth. The Borrower will has not permit its permitted Consolidated Net Worth at any time to be less than the sum of (i) $59,843,400 185,000,000 plus (ii) 50% of the Borrower's Consolidated Net Income (to the extent a positive number) for each fiscal quarter ending year beginning after June 30December 31, 2003 plus 2001 (iii) 100% but without deduction for any fiscal year in which Consolidated Net Income is a negative amount), with the annual adjustments to be applicable as of December 31, 2002 and as of the proceeds end of any equity offering (or any debt offering to the extent converted into equity) by the Borrowereach subsequent fiscal year.

Consolidated Net Worth. The Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (i) $59,843,400 14,500,000 plus (ii) 5025% of its cumulative positive Consolidated Net Income (to the extent a positive number) for each fiscal quarter ending arising after June 30March 31, 2003 plus (iii) 100% of the proceeds of any equity offering (or any debt offering to the extent converted into equity) by the Borrower2002.

Consolidated Net Worth. The Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (i) an amount equal to $59,843,400 163,897,000, plus (ii) 5075% of positive Consolidated Net Income (to on a cumulative basis for all fiscal quarters of the extent a positive number) for each Borrower commencing with the fiscal quarter ending after June on November 30, 2003 plus 2005 (iii) 100% of the proceeds of any equity offering (or any debt offering to the extent converted into equity) by the Borrower.provided, that if 58

Consolidated Net Worth. The Borrower will not permit its the Consolidated Net Worth at any time to be less than the sum of (i) $59,843,400 plus 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 (to of the extent a positive number) Borrower and its Subsidiaries for each fiscal quarter ending after June 30, 2003 plus (iii) 100% of the proceeds of any equity offering Borrower (or any debt offering to beginning with the extent converted into equityfiscal quarter ending March 31, 2008) by the Borrowerfor which such Consolidated Net Income is positive.

Consolidated Net Worth. The Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (i) $59,843,400 50,000,000 plus (ii) on a cumulative basis, fifty percent (50% %) of positive Consolidated Net Income (to the extent a positive number) for each fiscal quarter ending after June 30beginning with the fiscal quarter ended March 29, 2003 plus (iii) 100% of the proceeds of any equity offering (or any debt offering to the extent converted into equity) by the Borrower1997.

Consolidated Net Worth. The Borrower will not permit its the Consolidated Net Worth at any time to be less than the sum of (i) $59,843,400 plus 811,000,000 and (ii) 50% of Consolidated Net Income (to of the extent a positive number) Borrower and its Subsidiaries for each fiscal quarter ending after June 30, 2003 plus (iii) 100% year of the proceeds of any equity offering Borrower (or any debt offering to beginning with the extent converted into equityfiscal year ending December 31, 2012) by the Borrowerfor which such Consolidated Net Income is positive.

Consolidated Net Worth. The Borrower will not, and will not cause or permit any of its Subsidiaries to, directly or indirectly, permit Consolidated Net Worth at any time to be less than the sum of (i) $59,843,400 450,000,000 plus (ii) 50% of the aggregate of Consolidated Net Income (from January 1, 1997 to the extent a positive number) for each fiscal quarter ending after June 30, 2003 plus (iii) 100% date of the proceeds of any equity offering (or any debt offering to the extent converted into equity) by the Borrowerdetermination.

Consolidated Net Worth. The Borrower will shall not suffer or permit its ---------------------- Consolidated Net Worth Worth, at any time time, to be less than the sum of (i) $59,843,400 22,978,000, plus (ii) the sum of (A) 50% of the positive Consolidated Net Income (to the extent a positive number) for each fiscal quarter ending after June 30year (without any reduction for net losses), 2003 plus commencing with the 2005 fiscal year of Borrower, and (iiiB) 100% of the proceeds of from any equity offering (by any Company or any debt offering of any Company to the extent actually converted to into equity) by the Borrower.

Consolidated Net Worth. The Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (i) $59,843,400 38,000,000 plus (ii) 5025% of its cumulative positive Consolidated Net Income (to the extent a positive number) for each fiscal quarter ending arising after June 30March 31, 2003 plus (iii) 100% of the proceeds of any equity offering (or any debt offering to the extent converted into equity) by the Borrower2001.

Consolidated Net Worth. The Borrower Obligors will not not, at any time, permit its Consolidated Net Worth at any time to be less than the sum of (ia) $59,843,400 160,000,000, plus (iib) 50an aggregate amount equal to 40% of Consolidated Net Income Earnings (to the extent but, in each case, only if a positive number) for each completed fiscal quarter beginning with the fiscal quarter ending after June September 30, 2003 plus (iii) 100% of the proceeds of any equity offering (or any debt offering to the extent converted into equity) by the Borrower2001.