Common use of Minimum Capital Clause in Contracts

Minimum Capital. Heska will maintain, on a consolidated basis, as of each date listed below, its Capital at an amount not less than the amount set forth opposite such date: The covenant levels for January 31, 2009 through and including December 31, 2009 shall be adjusted upwards or downwards, respectively on a dollar-for-dollar basis, by an amount equal to the amount by which Heska’s Capital, as evidenced by Heska’s audited balance sheet as of December 31, 2008, is greater than or less than [***]; provided, however, that any such downward adjustment shall not exceed $500,000.

Minimum Capital. Heska will maintain, on a consolidated basis, as of each date listed below, its Capital at an amount not less than the amount set forth opposite such date: The covenant levels for January 31, 2009 2011 through and including December 31, 2009 2011 shall be adjusted upwards or downwards, respectively on a dollar-for-dollar basis, by an amount equal to the amount by which Heska’s Capital, as evidenced by Heska’s audited balance sheet as of December 31, 20082010, is greater than or less than [***]$14,898,000; provided, however, that any such downward adjustment shall not exceed $500,000.

Minimum Capital. Heska will maintain, on a consolidated basis, as of each date listed below, its Capital at an amount not less than the amount set forth opposite such date: The covenant levels for January 31, 2009 2010 through and including December 31, 2009 2010 shall be adjusted upwards or downwards, respectively on a dollar-for-dollar basis, by an amount equal to the amount by which Heska’s 's Capital, as evidenced by Heska’s 's audited balance sheet as of December 31, 20082009, is greater than or less than [***]$15,202,000; provided, however, that any such downward adjustment shall not exceed $500,000.