Common use of Minimum Tangible Net Worth Clause in Contracts

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 plus (ii) 75% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement by the Parent, the Borrower or any of the Subsidiaries of the Parent to any Person other than the Parent, the Borrower or any of the Subsidiaries of the Parent.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 203,170,000 plus (ii) 75% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement by the Parent, the Borrower or any of the Subsidiaries of the Parent to any Person other than the Parent, the Borrower or any of the Subsidiaries of the Parent.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 1,913,305,500 plus (ii) 75% of the Net Tangible Proceeds of all Equity Issuances effected at any time by the Parent and its Subsidiaries after the Agreement by December 31, 2015 (other than Equity Issuances to the Parent, the Borrower or any of the Subsidiaries of the Parent to any Person other than the Parent, the Borrower or any of the Subsidiaries of the ParentSubsidiary).

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 1,370,000,000 plus (ii) 7550% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement Date by the Parent, the Borrower Parent or any of the its Subsidiaries of the Parent to any Person other than the Parent, the Borrower Parent or any of its Subsidiaries.” and by inserting the Subsidiaries of the Parent.following in lieu thereof:

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth of the Parent and its Subsidiaries at any time to be less than (i) $731,508,263 1,279,179,000, plus (ii) 75% seventy percent (70%) of the Net Proceeds of all Equity Issuances effected at any time after the Agreement June 30, 2012 by the Parent, the Borrower Parent or any of the its Subsidiaries of the Parent to any Person other than the Parent, the Borrower Parent or any of the Subsidiaries of the Parent's Wholly Owned Subsidiaries.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 1,600,000,000 plus (ii) 7550% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement November ___, 2007 by the Parent, the Borrower Parent or any of the its Subsidiaries of the Parent to any Person other than the Parent, the Borrower Parent or any of the Subsidiaries of the Parentits Subsidiaries.”;

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 1,072,596,700, plus (ii) 75% fifty percent (50%) of the Net Proceeds of all Equity Issuances effected at any time after the Agreement December 31, 2008 by the Parent, the Borrower Parent or any of the its Subsidiaries of the Parent to any Person other than the Parent, the Borrower Parent or any of the Subsidiaries of the Parentits Subsidiaries.

Minimum Tangible Net Worth. The Parent Guarantor and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 1,776,686,000 plus (ii) 7575.0% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement September 30, 2012 by the Parent, the Borrower Parent Guarantor or any of the its Subsidiaries of the Parent to any Person other than the Parent, the Borrower Parent Guarantor or any of the Subsidiaries of the Parentits Subsidiaries.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 1,800,000,000 plus (ii) 7585% of the Net Tangible Proceeds of all Equity Issuances effected at any time by the Parent and its Subsidiaries after the Agreement by March 26, 2010 (other than Equity Issuances to the Parent, the Borrower or any of the Subsidiaries of the Parent to any Person other than the Parent, the Borrower or any of the Subsidiaries of the ParentSubsidiary). (k) The Credit Agreement is amended by replacing Exhibit I attached thereto with Exhibit I attached hereto.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 693,349,000 plus (ii) 7585% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement Date by the Parent, the Borrower or any of the their Subsidiaries of the Parent to any Person other than the Parent, the Borrower or any of the Subsidiaries of the Parenttheir Subsidiaries.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth of the Parent and its Subsidiaries at any time to be less than (i) $731,508,263 503,291,000 plus (ii) 7580% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement March 31, 2012 by the Parent, the Borrower Parent or any of the its Subsidiaries of the Parent to any Person other than the Parent, the Borrower Borrower, or any of the Subsidiaries of the Parent’s Wholly Owned Subsidiaries.

Minimum Tangible Net Worth. The Parent Guarantor and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 2,022,345,000 plus (ii) 7575.0% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement June 30, 2013 by the Parent, the Borrower Parent Guarantor or any of the its Subsidiaries of the Parent to any Person other than the Parent, the Borrower Parent Guarantor or any of the Subsidiaries of the Parentits Subsidiaries.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 169,385,000.00 plus (ii) 7580% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement Date by the Parent, the Borrower Parent or any of the its Subsidiaries of the Parent to any Person other than the Parent, the Borrower Parent or any of the Subsidiaries of the Parentits Subsidiaries.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth of the Parent and its Subsidiaries at any time to be less than (i) $731,508,263 542,100,000 plus (ii) 7580% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement March 31, 2014 by the Parent, the Borrower Parent or any of the its Subsidiaries of the Parent to any Person other than the Parent, the Borrower Borrower, or any of the Subsidiaries of the Parent’s Wholly Owned Subsidiaries.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth of the Parent and its Subsidiaries at any time to be less than (i) $731,508,263 163,500,000 plus (ii) 75% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement by the Parent, the Borrower or any of the Subsidiaries of the Parent to any Person other than the Parent, the Borrower or any of the Subsidiaries of the Parent.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 1,000,000,000 plus (ii) 7550% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement February 28, 2003 by the Parent, the Borrower Parent or any of the its Subsidiaries of the Parent to any Person other than the Parent, the Borrower Parent or any of the Subsidiaries of the Parentits Subsidiaries.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 1,600,000,000 plus (ii) 7550% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement Date by the Parent, the Borrower Parent or any of the its Subsidiaries of the Parent to any Person other than the Parent, the Borrower Parent or any of the Subsidiaries of the Parentits Subsidiaries.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) 203,170,000 $731,508,263 plus (ii) 75% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement by the Parent, the Borrower or any of the Subsidiaries of the Parent to any Person other than the Parent, the Borrower or any of the Subsidiaries of the Parent.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 425,000,000 plus (ii) 75% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement Date by the Parent, the Borrower or any of the their Subsidiaries of the Parent to any Person other than the Parent, the Borrower or any of the Subsidiaries of the Parenttheir Subsidiaries.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 158,000,000 plus (ii) 7575.0% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement September 30, 2013, by the Parent, the Borrower or any of the its Subsidiaries of the Parent to any Person other than the Parent, the Borrower Parent or any of the Subsidiaries of the Parentits Subsidiaries.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 1,545,248,000 plus (ii) 7585.0% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement June 30, 2012, by the Parent, the Borrower Parent or any of the its Subsidiaries of the Parent to any Person other than the Parent, the Borrower Parent or any of the Subsidiaries of the Parentits Subsidiaries.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 1,153,000,0001,053,000,000 plus (ii) 75% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement Second Amendment Effective Date by the Parent, the Borrower or any of the Subsidiaries of the Parent to any Person other than the Parent, the Borrower or any of the Subsidiaries of the Parent.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 1,370,000,000 plus (ii) 7550% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement Date by the Parent, the Borrower Parent or any of the its Subsidiaries of the Parent to any Person other than the Parent, the Borrower Parent or any of the Subsidiaries of the Parentits Subsidiaries.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 2,484,360,000 plus (ii) 75% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement June 30, 2018 by the Parent, the Borrower or any of the Subsidiaries of the Parent other Subsidiary to any Person other than the Parent, the Borrower or any of the Subsidiaries of the Parentother Subsidiary.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 1,153,000,000 plus (ii) 75% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement Effective Date by the Parent, the Borrower or any of the Subsidiaries of the Parent to any Person other than the Parent, the Borrower or any of the Subsidiaries of the Parent.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 123,000,000 plus (ii) 7575.0% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement September 30, 2013, by the Parent, the Borrower or any of the its Subsidiaries of the Parent to any Person other than the Parent, the Borrower Parent or any of the Subsidiaries of the Parentits Subsidiaries.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 1,053,000,000 plus (ii) 75% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement Second Amendment Effective Date by the Parent, the Borrower or any of the Subsidiaries of the Parent to any Person other than the Parent, the Borrower or any of the Subsidiaries of the Parent.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 2,352,011,250 plus (ii) 75% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement December 31, 2014 by the Parent, the Borrower or any of the Subsidiaries of the Parent other Subsidiary to any Person other than the Parent, the Borrower or any of the Subsidiaries of the Parentother Subsidiary.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 425,000,000 plus (ii) 75% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement Date (as defined in the Existing Credit Agreement) by the Parent, the Borrower or any of the their Subsidiaries of the Parent to any Person other than the Parent, the Borrower or any of the Subsidiaries of the Parenttheir Subsidiaries.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 1,000,000,000 plus (ii) 7550% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement Date by the Parent, the Borrower Parent or any of the its Subsidiaries of the Parent to any Person other than the Parent, the Borrower Parent or any of the Subsidiaries of the Parentits Subsidiaries.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 1,300,000,000 plus (ii) 7585% of the Net Tangible Proceeds of all Equity Issuances effected at any time by the Parent and its Subsidiaries after the Agreement by March 26, 2010 (other than Equity Issuances to the Parent, the Borrower or any of the Subsidiaries of the Parent to any Person other than the Parent, the Borrower or any of the Subsidiaries of the ParentSubsidiary).

Minimum Tangible Net Worth. The Parent Guarantor and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 $ 1,528,025,000 plus (ii) 7575.0% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement IPO by the Parent, the Borrower Parent Guarantor or any of the its Subsidiaries of the Parent to any Person other than the Parent, the Borrower Parent Guarantor or any of the Subsidiaries of the Parentits Subsidiaries.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 plus (ii) 75% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement August 11, 2022 by the Parent, the Borrower or any of the Subsidiaries of the Parent to any Person other than the Parent, the Borrower or any of the Subsidiaries of the Parent.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 1,653,403,000 plus (ii) 7585.0% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement June 30, 2012, by the Parent, the Borrower Parent or any of the its Subsidiaries of the Parent to any Person other than the Parent, the Borrower Parent or any of the Subsidiaries of the Parentits Subsidiaries.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 1,153,000,000 plus (ii) 75% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement Effective Date by the Parent, the Borrower or any of the Subsidiaries of the Parent to any Person other than the Parent, the Borrower or any of the Subsidiaries of the Parent.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 1,857,000,000 plus (ii) 75% of the Net Tangible Proceeds of all Equity Issuances effected at any time by the Parent and its Subsidiaries after the Agreement by September 7, 2012 (other than Equity Issuances to the Parent, the Borrower or any of the Subsidiaries of the Parent to any Person other than the Parent, the Borrower or any of the Subsidiaries of the ParentSubsidiary).

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 1,600,000,000 plus (ii) 7550% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement November 30, 2007 by the Parent, the Borrower Parent or any of the its Subsidiaries of the Parent to any Person other than the Parent, the Borrower Parent or any of the Subsidiaries of the Parentits Subsidiaries.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 500,000,000 plus (ii) 7585% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement Date by the Parent, the Borrower or any of the their Subsidiaries of the Parent to any Person other than the Parent, the Borrower or any of the Subsidiaries of the Parenttheir Subsidiaries.”

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth of the Parent and its Subsidiaries at any time to be less than (i) $731,508,263 1,279,179,000, plus (ii) 75% seventy percent (70%) of the Net Proceeds of all Equity Issuances effected at any time after the Agreement June 30, 2012 by the Parent, the Borrower Parent or any of the its Subsidiaries of the Parent to any Person other than the Parent, the Borrower Parent or any of the Subsidiaries of the Parent’s Wholly Owned Subsidiaries.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 1,055,744,000 plus (ii) 7550% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement Date by the Parent, the Borrower Parent or any of the its Subsidiaries of the Parent to any Person other than the Parent, the Borrower Parent or any of the Subsidiaries of the Parentits Subsidiaries.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 529,975,000, plus (ii) 7580% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement June 30, 2013 by the Parent, the Borrower Parent or any of the its Subsidiaries of the Parent to any Person other than the Parent, the Borrower Parent or any of the Subsidiaries of the Parentits Subsidiaries.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 2,484,360,000 plus (ii) 75% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement June 30, 2018 by the Parent, the Borrower or any of the Subsidiaries of the Parent other Subsidiary to any Person other than the Parent, the Borrower or any of the Subsidiaries of the Parentother Subsidiary.$2,000,000,000.

Minimum Tangible Net Worth. The Parent and the Borrower shall not permit Tangible Net Worth at any time to be less than (i) $731,508,263 plus (ii) 75% of the Net Proceeds of all Equity Issuances effected at any time after the Agreement August 11, 2022 by the Parent, the Borrower or any of the Subsidiaries of the Parent to any Person other than the Parent, the Borrower Borrower, or any of the Subsidiaries of the Parent.