Common use of Minimum Tangible Net Worth Clause in Contracts

Minimum Tangible Net Worth. Permit the Tangible Net Worth of the Borrower and its Subsidiaries determined on a Consolidated basis in accordance with GAAP at any time to be less than the sum of (i) $1,278,400,000, plus (ii) 80% of the aggregate net proceeds received by the Borrower from and after the Effective Date in connection with the issuance of any capital stock of the Borrower.

Appears in 4 contracts

Sources: Term Loan Agreement (New Plan Excel Realty Trust Inc), Term Loan Agreement (New Plan Excel Realty Trust Inc), Revolving Credit Agreement (New Plan Excel Realty Trust Inc)

Minimum Tangible Net Worth. Permit the Tangible Net Worth of the Borrower and its Subsidiaries determined on a Consolidated basis in accordance with GAAP at any time to be less than the sum of (i) $1,278,400,0001,200,000,000, plus (ii) 80% of the aggregate net proceeds received by the Borrower from and after the Effective Date in connection with the issuance of any capital stock of the Borrower.

Appears in 3 contracts

Sources: Term Loan Agreement (New Plan Excel Realty Trust Inc), Term Loan Agreement (New Plan Excel Realty Trust Inc), Credit Agreement (New Plan Excel Realty Trust Inc)

Minimum Tangible Net Worth. Permit the Tangible Net Worth of the Borrower and its Subsidiaries determined on a Consolidated basis in accordance with GAAP at any time to be less than the sum of (ia) $1,278,400,0001,225,000,000.00, plus (iib) 80% of the aggregate net proceeds received by the Borrower from and after the Effective Date in connection with the issuance of any capital stock of the Borrower.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Centro NP LLC), Revolving Credit Agreement (New Plan Excel Realty Trust Inc)

Minimum Tangible Net Worth. Permit the Tangible Net Worth of the Borrower and its Subsidiaries determined on a Consolidated basis in accordance with GAAP at any time to be less than the sum of (i) $1,278,400,0001,200,000,000, plus (ii) 80% of the aggregate net proceeds received by the Borrower from and after the Effective Date November 17, 1999 in connection with the issuance of any capital stock of the Borrower.

Appears in 1 contract

Sources: Credit Agreement (New Plan Excel Realty Trust Inc)

Minimum Tangible Net Worth. Permit the Tangible Net Worth of the Borrower and its Subsidiaries determined on a Consolidated basis in accordance with GAAP at any time to be less than the sum of (ix) $1,278,400,0001,225,000,000,000, plus (iiy) 80% of the aggregate net proceeds received by the Borrower from and after the Effective Joint Venture Closing Date in connection with the issuance of any capital stock of the Borrower.” (f) By deleting §8.16 of the Credit Agreement in its entirety and inserting in lieu thereof the following new §8.16:

Appears in 1 contract

Sources: Revolving Credit Agreement (New Plan Excel Realty Trust Inc)

Minimum Tangible Net Worth. Permit the Tangible Net Worth of the Borrower and its Subsidiaries determined on a Consolidated basis in accordance with GAAP at any time to be less than the sum of (ix) $1,278,400,0001,225,000,000,000, plus (iiy) 80% of the aggregate net proceeds received by the Borrower from and after the Effective Joint Venture Closing Date in connection with the issuance of any capital stock of the Borrower.” (f) By deleting §8.16 of the Loan Agreement in its entirety and inserting in lieu thereof the following new §8.16:

Appears in 1 contract

Sources: Secured Term Loan Agreement (New Plan Excel Realty Trust Inc)

Minimum Tangible Net Worth. Permit the Tangible Net Worth of the Borrower and its Subsidiaries determined on a Consolidated basis in accordance with GAAP at any time to be less than the sum of (i) $1,278,400,0001,250,000,000, plus (ii) 80% of the aggregate net proceeds received by the Borrower from and after the Effective Date in connection with the issuance of any capital stock of the Borrower.

Appears in 1 contract

Sources: Term Loan Agreement (New Plan Excel Realty Trust Inc)

Minimum Tangible Net Worth. Permit the Tangible Net Worth of the Borrower and its Subsidiaries determined on a Consolidated basis in accordance with GAAP at any time to be less than the sum of (ix) $1,278,400,0001,225,000,000.00, plus (iiy) 80% of the aggregate net proceeds received by the Borrower from and after the Effective Date in connection with the issuance of any capital stock of the Borrower.

Appears in 1 contract

Sources: Secured Term Loan Agreement (New Plan Excel Realty Trust Inc)

Minimum Tangible Net Worth. Permit the Tangible Net Worth of the Borrower and its Subsidiaries determined on a Consolidated basis in accordance with GAAP at any time to be less than the sum of (ix) $1,278,400,0001,225,000,000.00, plus (iiy) 80% of the aggregate net proceeds received by the Borrower from and after the Effective Joint Venture Closing Date in connection with the issuance of any capital stock of the Borrower.” (f) By deleting §8.16 of the Loan Agreement in its entirety and inserting in lieu thereof the following new §8.16:

Appears in 1 contract

Sources: Term Loan Agreement (New Plan Excel Realty Trust Inc)

Minimum Tangible Net Worth. Permit the Tangible Net Worth of the Borrower and its Subsidiaries determined on a Consolidated basis in accordance with GAAP at any time to be less than the sum of (i) $1,278,400,0001,200,000,000, plus (ii) 80% of the aggregate net proceeds received by the Borrower from and after the Effective Date Date, in connection with the issuance of any capital stock of the Borrower.

Appears in 1 contract

Sources: Credit Agreement (New Plan Excel Realty Trust Inc)

Minimum Tangible Net Worth. Permit the Tangible Net Worth of the Borrower and its Subsidiaries determined on a Consolidated basis in accordance with GAAP at any time to be less than the sum of (i) $1,278,400,0001,278,400,00, plus (ii) 80% of the aggregate net proceeds received by the Borrower from and after the Effective Date in connection with the issuance of any capital stock of the Borrower.

Appears in 1 contract

Sources: Secured Term Loan Agreement (New Plan Excel Realty Trust Inc)

Minimum Tangible Net Worth. Permit the Tangible Net Worth Maintain at all times tangible net worth of the Borrower and its Subsidiaries Subsidiaries, as determined on a Consolidated basis in accordance with GAAP at any time to be (but exclusive of depreciation and amortization), of not less than the sum of (i) $1,278,400,000, 158,326,000 plus (ii) 80an amount equal to 75% times the net cash proceeds of all issuances and primary sales of Equity Interests of the aggregate net proceeds received by the Borrower from and or any of its Subsidiaries consummated after the Effective Date in connection with the issuance of any capital stock of the BorrowerMarch 31, 2019.

Appears in 1 contract

Sources: Credit Agreement (Five Star Senior Living Inc.)

Minimum Tangible Net Worth. Permit the Tangible Net Worth Maintain at all times tangible net worth of the Borrower and its Subsidiaries Subsidiaries, as determined on a Consolidated basis in accordance with GAAP at any time to be (but exclusive of depreciation and amortization), of not less than the sum of (i) $1,278,400,000, 248,595,750.00 plus (ii) 80an amount equal to 75% times the net cash proceeds of all issuances and primary sales of Equity Interests of the aggregate net proceeds received by the Borrower from and or any of its Subsidiaries consummated after the Effective Date in connection with the issuance of any capital stock of the BorrowerDecember 31, 2016.

Appears in 1 contract

Sources: Credit Agreement (Five Star Quality Care, Inc.)

Minimum Tangible Net Worth. Permit the Tangible Net Worth of the Borrower and its Subsidiaries determined on a Consolidated basis in accordance with GAAP at any time to be less than the sum of (i) $1,278,400,0001,296,586,000, plus (ii) 80% of the aggregate net proceeds received by the Borrower from and after the Effective Date in connection with the issuance of any capital stock of the Borrower.

Appears in 1 contract

Sources: Term Loan Agreement (New Plan Excel Realty Trust Inc)