Common use of Minimum Tangible Common Equity Clause in Contracts

Minimum Tangible Common Equity. The Borrower shall not permit its Tangible Common Equity to be less than $100,000,000.00, as of 9/30/05 and 12/31/05. The minimum amount of Tangible Common Equity specified in the immediately preceding sentence shall increase $4,000,000.00 at each succeeding year end thereafter. By way of example, the minimum Tangible Common Equity shall be $104,000,000.00 as of 12/31/06, and $108,000,000.00 as of 12/31/07. As used in this Section 6.9, “Tangible Common Equity” means the difference between (A) the Consolidated stockholder equity in the Borrower, including, but not limited to, accumulated other comprehensive income accounted for under FASB 115 as gains or losses on securities held for sale, minus (B) the sum of (i) the Consolidated preferred stockholder equity in the Borrower, and (ii) the Consolidated goodwill and intangibles of the Borrower; in each case as shown on the Consolidated financial statements of Borrower, prepared in accordance with FFIEC requirements.”

Minimum Tangible Common Equity. The Borrower shall not permit its Tangible Common Equity to be less than $100,000,000.00, as of 9/30/05 and 12/31/05. The minimum amount of Tangible Common Equity specified in the immediately preceding sentence shall increase $4,000,000.00 at each succeeding year end thereafter. By way of example, the minimum mimimum Tangible Common Equity shall be $104,000,000.00 as of 12/31/06, and $108,000,000.00 as of 12/31/07. As used in this Section 6.9, “Tangible Common Equity” means the difference between (A) the Consolidated stockholder equity in the Borrower, including, but not limited to, accumulated other comprehensive income accounted for under FASB 115 as gains or losses on securities held for sale, minus (B) the sum of (i) the Consolidated preferred stockholder equity in the Borrower, and (ii) the Consolidated goodwill and intangibles of the Borrower; in each case as shown on the Consolidated financial statements of Borrower, prepared in accordance with FFIEC requirements.”