Common use of Minimum Shareholders’ Equity Clause in Contracts

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (x) $71,000,000 and (y) $71,000,000, plus 25% of the net cash proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Effective Date (other than proceeds of (x) sales of Equity Interests by and among the Borrower and its Subsidiaries or (y) any distribution or dividend reinvestment plan) minus 25% of the aggregate amount paid or distributed to purchase common stock in connection with a Tender Offer and equity interests redeemed, bought back or purchased by the Borrower after the Effective Date.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (x) $71,000,000 and (y) $71,000,000495,000,000, plus 25% of the net cash proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Effective Date (other than proceeds of (x) sales of Equity Interests by and among the Borrower and its Subsidiaries or (y) any distribution or dividend reinvestment plan) minus 25% of the aggregate amount paid or distributed to purchase common stock in connection with a Tender Offer and equity interests redeemed, bought back or purchased by the Borrower after the Effective DateDate (other than payments related to sales of Equity Interests by and among the Borrower and other Obligors).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (x) $71,000,000 and (y) $71,000,000, 347,100,0001,058,000,000 plus 25% of the net cash proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the First Amendment Effective Date (other than proceeds of (x) of sales of Equity Interests by and among the Borrower and its Subsidiaries or and (y) of any distribution or dividend reinvestment plan) minus 25% of less the aggregate amount paid or distributed by the Borrower to purchase its 747507610 22702620 shares of common stock in connection with a Tender Offer and equity interests less the aggregate amount paid in cash for Equity Interests of the Borrower redeemed, bought back or purchased by the Borrower after the First Amendment Effective Date.

Minimum Shareholders’ Equity. The Borrower will not permit its Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (xi) $71,000,000 180,000,000 and (yii) an amount equal to the sum of (w) $71,000,000, 180,000,000 plus (A) 25% of the net cash proceeds of the sale of Equity Interests by of the Borrower and its Subsidiaries after the Effective Date (other than proceeds (1) of (x) sales of Equity Interests by and among the Borrower and its Subsidiaries or and (y2) of any distribution or dividend reinvestment plan) minus (B) 25% of the aggregate amount paid or distributed to purchase common stock in connection with a Tender Offer and equity interests redeemed, bought back or purchased by the Borrower to redeem, buy back or purchase its shares of common stock after the Effective Date.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (xi) $71,000,000 71,500,000 and (yii) an amount equal to the sum of (A) $71,000,000, 71,500,000 plus 25(B) 50% of the net cash proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Effective Date (other than proceeds of (x1) sales of Equity Interests by and among the Borrower and its Subsidiaries or and (y2) any distribution or dividend reinvestment plan) minus 25(C) 50% of the amount paid or distributed by the Borrower to purchase its Equity Interests in connection with a tender offer minus (D) 50% of the aggregate amount paid or distributed to purchase common stock in connection with a Tender Offer and equity interests redeemed, bought back or purchased by the Borrower to redeem, buy back or purchase its Equity Interests after the Effective Date.

Minimum Shareholders’ Equity. The Borrower will not permit its Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (xi) $71,000,000 180,000,000763,750,000 and (yii) an amount equal to the sum of (w) $71,000,000, 180,000,000763,750,000 plus (A) 25% of the net cash proceeds of the sale of Equity Interests by of the Borrower and its Subsidiaries after the Effective Date (other than proceeds (1) of (x) sales of Equity Interests by and among the Borrower and its Subsidiaries or and (y2) of any distribution or dividend reinvestment plan) minus (B) 25% of the aggregate amount paid or distributed to purchase common stock in connection with a Tender Offer and equity interests redeemed, bought back or purchased by the Borrower to redeem, buy back or purchase its shares of common stock after the Effective Date.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (x) $71,000,000 71,000,000220,000,000 and (y) $71,000,00071,000,000220,000,000 , plus 25% of the net cash proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Second Amendment Effective Date (other than proceeds of (x) sales of Equity Interests by and among the Borrower and its Subsidiaries or (y) any distribution or dividend reinvestment plan) minus 25% of the aggregate amount paid or distributed to purchase common stock in connection with a Tender Offer and equity interests redeemed, bought back or purchased by the Borrower after the Second Amendment Effective Date.