Return on Assets Clause Samples

Return on Assets. Income from operations after taxes, divided by average assets, on a consolidated basis shall not be less than one and one-tenth percent (1.10%).

Return on Assets. Paragraph 4.15 (d) of the Agreement is deleted and replaced with the following:

Return on Assets. The Foundation shall invest the assets of the Fund in a manner consistent with sound and prudent investment practices, and in such a way as to produce a reasonable total annual return. The Fund will become a part of the Foundation’s investment portfolio and may be commingled with other Foundation funds for investment purposes; provided, however, that the Foundation shall maintain on its books a separate account showing the Fund's proportionate share of any gains, losses, income and expenses of any such common investment fund of the Foundation. Club acknowledges that the Foundation’s investment policies involve risk of loss to the Fund.

Return on Assets. Section 7.4(e) of the Credit Agreement is hereby amended to state in its entirety as follows:

Return on Assets. As of the last day of each June and December in each year, the Borrower shall maintain a ratio of Consolidated Net Income for the 12-month period then ended to Consolidated Total Assets as at the last day of such 12-month period then ended of not less than .0090 to 1.0; provided, however, that for the 12-month period ended December 31, 2005, the Borrower shall maintain a ratio of Consolidated Net Income for the 12-month period then ended to Consolidated Total Assets as at December 31, 2005 of not less than .0085 to 1.0.

Return on Assets. Citizens and Farmers shall maintain a rate of Net Income to Total Assets of a minimum of six tenths of one (0.60%) percent for each fiscal year this Credit Facility is in effect.

Return on Assets. Income from operations after taxes, divided by average assets, for each of Borrower's bank Subsidiaries shall be not less than one and one-tenth percent (1.10%).

Return on Assets. Income from operations after taxes, divided by average assets, on a consolidated basis shall not be less than: (i) from the effective date hereof through December 31, 2003, seven-tenths of one percent (0.70%); and (ii) from January 1, 2004 until the Revolving Maturity Date, eighty-five hundredths of one percent (0.85%). 4. Section 7.04 "Return on Equity" of ARTICLE VII FINANCIAL COVENANTS of the Prior Loan Agreement is hereby deleted in its entirety and the following new Section inserted in its place:

Return on Assets. The Company's required Return on Assets (as defined below) for each of the quarterly periods ending on the Measurement Dates indicated below (each such quarterly period, a "Measurement Period") shall not be less than the corresponding amount set forth below: Measurement Date Return on Assets ---------------- ---------------- September 30, 1999 -1.00% (i.e. negative 1.00%) December 31, 1999 0.01% March 31, 2000 0.01% June 30, 2000 1.00% September 30, 2000 2.00% December 31, 2000 2.25% March 31, 2001 and thereafter 2.50% For purposes of the covenant set forth in this Section 10.15, the following terms shall have the following meanings: