Common use of Minimum Consolidated Net Worth Clause in Contracts

Minimum Consolidated Net Worth. The Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (i) $280,000,000 plus (ii) thirty percent (30%) of the sum of the Consolidated Net Income of the Borrower (with any consolidated net loss during any fiscal quarter counting as zero) for each fiscal quarter of the Borrower commencing with the fiscal quarter of the Borrower ending March 31, 2000.

Minimum Consolidated Net Worth. The Borrower will shall not permit its Consolidated Net Worth at any time to be less than the sum of (ia) $280,000,000 125,000,000, plus (iib) thirty percent (30%) 85% of the sum of the Consolidated Net Income of the aggregate proceeds received by Borrower (net of customary related fees and expenses) in connection with any consolidated net loss during any fiscal quarter counting as zero) for each fiscal quarter offering of stock by Borrower after the Borrower commencing with the fiscal quarter of the Borrower ending March 31, 2000date hereof.

Minimum Consolidated Net Worth. The Borrower will Borrowers shall not permit its at any time Consolidated Net Worth at any time to be less than the sum of (ia) $280,000,000 606,602,000.00 plus (iib) thirty seventy-five percent (3075%) of the sum of any additional Net Offering Proceeds after the Consolidated Net Income date of the Borrower (with any consolidated net loss during any fiscal quarter counting as zero) for each fiscal quarter of the Borrower commencing with the fiscal quarter of the Borrower ending March 31, 2000this Agreement.

Minimum Consolidated Net Worth. The Borrower will shall not permit its Consolidated Net Worth at any time to be less than an amount equal to the sum of (ia) $280,000,000 1,200,000,000 plus (iib) thirty percent (30%) 25% of the sum of the positive Consolidated Net Income of the Borrower (with any consolidated net loss during any fiscal quarter counting as zero) for earned in each fiscal quarter of the Borrower calendar year commencing with the fiscal quarter of the Borrower calendar year ending March December 31, 20002021.

Minimum Consolidated Net Worth. The Borrower will shall not permit its Consolidated Net Worth at any time to be less than the sum of (ia) $280,000,000 27,500,000 plus (iib) thirty fifty percent (3050%) of Net Income (if positive) calculated separately for each fiscal quarter ending after December 31, 1997, plus (c) one hundred percent (100%) of the sum net cash proceeds resulting from the issuance by the Borrower of any Capital Stock, plus (d) the Consolidated Net Income Worth of any Person whose Capital Stock is contributed to the capital of the Borrower (with any consolidated net loss during any fiscal quarter counting as zero) for each fiscal quarter of the Borrower commencing with the fiscal quarter of the Borrower ending March 31, 2000Borrower.

Minimum Consolidated Net Worth. The Borrower will shall not permit its Consolidated Net Worth at any time to be less than the sum of (ia) $280,000,000 85,000,000 plus (iib) thirty fifty percent (3050%) of the sum of the Consolidated Net Income of the Borrower (with any consolidated net loss during any fiscal quarter counting as zeroif positive) calculated separately for each fiscal quarter of the Borrower commencing with the fiscal quarter of the Borrower ending on March 31, 20002004, plus (c) one hundred percent (100%) of the net cash proceeds resulting from the issuance by the Borrower of any Capital Stock other than shares of Capital Stock issued pursuant to employee stock option or ownership plans.

Minimum Consolidated Net Worth. The Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (i) $280,000,000 615,000,000 plus (ii) thirty percent (30%) 50% of the sum of the Consolidated Net Income consolidated net income of the Borrower (with any consolidated net loss during any fiscal quarter counting as zero) for and its Consolidated Subsidiaries in each fiscal quarter of the Borrower commencing with the completed fiscal quarter of the Borrower ending after March 31, 20002000 (with no deduction for a net loss in any such fiscal quarter).

Minimum Consolidated Net Worth. The Borrower will shall not permit its Consolidated Net Worth at any time to be less than the sum of (i) $280,000,000 85% of Consolidated Net Worth on the Effective Date plus (ii) thirty percent (30%) 80% of the sum of the positive Consolidated Net Income on a cumulative basis since the Effective Date plus (iii) 100% of Net Securities Proceeds on a cumulative basis since the Borrower (with any consolidated net loss during any fiscal quarter counting as zero) for each fiscal quarter of the Borrower commencing with the fiscal quarter of the Borrower ending March 31, 2000Effective Date.

Minimum Consolidated Net Worth. The Borrower will shall not permit its Consolidated Net Worth at any time to be less than an amount equal to the sum of (ix) $280,000,000 plus 850,000,000 and (iiy) thirty percent (30%) 25% of the sum of the Consolidated Cumulative Net Income of the Borrower (with any consolidated net loss during any fiscal quarter counting as zero) for each fiscal quarter of the Borrower commencing with the fiscal quarter of the Borrower ending March 31, 2000Income.

Minimum Consolidated Net Worth. The Borrower will shall not permit its Consolidated Net Worth at any time to be less than an amount equal to the sum of (ix) $280,000,000 1,349,059,000 plus (iiy) thirty percent (30%) 25% of the sum of the Consolidated Net Income of the Borrower (with any consolidated net loss during any fiscal quarter counting as zeroif positive) for each fiscal quarter of the Borrower (commencing with the fiscal quarter of the Borrower ending March 31June 30, 20002006).

Minimum Consolidated Net Worth. The Borrower will shall not permit its Consolidated Net Worth at any time to be less than the sum of (ia) $280,000,000 27,500,000 plus (iib) thirty fifty percent (3050%) of Net Income (if positive) calculated separately for each fiscal quarter ending on or after March 31, 2000 plus (c) one hundred percent (100%) of the sum net cash proceeds resulting from the issuance by the Borrower of any Capital Stock, plus (d) the Consolidated Net Income Worth of any Person whose Capital Stock is contributed to the capital of the Borrower (with any consolidated net loss during any fiscal quarter counting as zero) for each fiscal quarter of the Borrower commencing with the fiscal quarter of the Borrower ending March 31, 2000Borrower.

Minimum Consolidated Net Worth. The Borrower will Borrowers shall not permit its Consolidated Net Worth at any time Quarterly Date to be less than $120,000,000 plus an amount equal to the sum of (i) $280,000,000 plus (ii) thirty percent (30%) 85% of the sum of the Consolidated Net Income for all periods from the Closing Date through such Quarterly Date (net of all net losses for Borrowers and their Subsidiaries on a consolidated basis for the Borrower (with any consolidated net loss during any fiscal quarter counting as zero) for each fiscal quarter of the Borrower commencing with the fiscal quarter of the Borrower ending March 31, 2000same period).

Minimum Consolidated Net Worth. The Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (i) $280,000,000 670,000,000 plus (ii) thirty percent (30%) 50% of the sum of the Consolidated Net Income consolidated net income of the Borrower (with any consolidated net loss during any fiscal quarter counting as zero) for and its Consolidated Subsidiaries in each fiscal quarter of the Borrower commencing with the completed fiscal quarter of the Borrower ending March 31after September 30, 20002001 (with no deduction for a net loss in any such fiscal quarter).

Minimum Consolidated Net Worth. The Borrower will Borrowers shall not permit its Consolidated Net Worth at any time Quarterly Date to be less than $120,000,000 plus an amount equal to the sum of (i) $280,000,000 plus (ii) thirty percent (30%) 85% of the sum of the Consolidated Net Income for all periods from the Closing Date through such Quarterly Date (net of all net losses for the Borrower (with any Borrowers and their Subsidiaries on a consolidated net loss during any fiscal quarter counting as zero) basis for each fiscal quarter of the Borrower commencing with the fiscal quarter of the Borrower ending March 31, 2000same period).

Minimum Consolidated Net Worth. The Borrower will shall not permit its Consolidated Net Worth at any time to be less than an amount equal to the sum of (ix) $280,000,000 973,190,000 plus (iiy) thirty percent (30%) 25% of the sum of the Consolidated Cumulative Net Income of the Borrower (with any consolidated net loss during any fiscal quarter counting as zero) for each fiscal quarter of the Borrower commencing with the fiscal quarter of the Borrower ending March 31, 2000Income.

Minimum Consolidated Net Worth. The Borrower will Borrowers shall not permit its Consolidated Net Worth at any time Quarterly Date to be less than $120,000,000 plus an amount equal to the sum of (i) $280,000,000 plus (ii) thirty percent (30%) 85% of the sum of the Consolidated Net Income for all periods from November 14, 1997 through such Quarterly Date (net of all net losses for the Borrower (with any Borrowers and their Subsidiaries on a consolidated net loss during any fiscal quarter counting as zero) basis for each fiscal quarter of the Borrower commencing with the fiscal quarter of the Borrower ending March 31, 2000same period).

Minimum Consolidated Net Worth. The Borrower will not In the case of the Borrower, permit its Consolidated Net Worth at any time to be less than the sum greater of (i) $280,000,000 plus 375,000,000 and (ii) thirty percent (30%) of any more restrictive amount set forth in the sum of the Consolidated Net Income of the Borrower (with any consolidated net loss during any fiscal quarter counting as zero) for each fiscal quarter of the Borrower commencing with the fiscal quarter of the Borrower ending March 31, 2000Note Purchase Agreement.

Minimum Consolidated Net Worth. The Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (i) $280,000,000 260,000,000 plus (ii) thirty percent (30%) an amount equal to 50% of the sum of the Borrower's Consolidated Net Income of the Borrower (with any consolidated net loss during any fiscal quarter counting as zero) for each fiscal quarter of ending after the Borrower commencing with the Initial Borrowing Date (without deduction for any fiscal quarter of in which the Borrower ending March 31, 2000Borrower's Consolidated Net Income is negative).

Minimum Consolidated Net Worth. The Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (i) $280,000,000 220,000,000 plus (ii) thirty percent (30%) an amount equal to 50% of the sum of the Borrower's Consolidated Net Income of the Borrower (with any consolidated net loss during any fiscal quarter counting as zero) for each fiscal quarter of ending after the Borrower commencing with the Initial Borrowing Date (without deduction for any fiscal quarter of in which the Borrower ending March 31, 2000Borrower's Consolidated Net Income is negative).