Common use of Maintenance of Net Worth Clause in Contracts

Maintenance of Net Worth. Permit the Consolidated Net Worth of the Borrower at any time to be less than the sum of $115,000,000 plus 50% of the cumulative sum of Consolidated Net Income for each fiscal quarter (if positive) beginning after the Closing Date and ended at or prior to such time LESS the aggregate writeoff of intangible assets constituting goodwill after the Closing Date to the extent reflected in accordance with GAAP on the financial statements of the Borrower delivered pursuant to Section 7.1 for fiscal periods ending after the Closing Date.

Maintenance of Net Worth. Permit the Consolidated Net Worth of the Borrower at any time to be less than the sum of $115,000,000 140,000,000 plus 50% of the cumulative sum of Consolidated Net Income for each fiscal quarter (if positive) beginning after the Closing Date and ended at or prior to such time LESS the aggregate writeoff of intangible assets constituting goodwill after the Closing Date to the extent reflected in accordance with GAAP on the financial statements of the Borrower delivered pursuant to Section 7.1 for fiscal periods ending after the Closing Datetime.

Maintenance of Net Worth. Permit the Consolidated Net Worth of the Borrower at any time to be less than the sum of $115,000,000 80,000,000 plus 50% of the cumulative sum of Consolidated Net Income for each fiscal quarter (if positive) beginning after the Closing Date and ended at or prior to such time LESS the aggregate writeoff of intangible assets constituting goodwill after the Closing Date to the extent reflected in accordance with GAAP on the financial statements of the Borrower delivered pursuant to Section 7.1 for fiscal periods ending after the Closing Datetime.

Maintenance of Net Worth. Permit the Consolidated Net Worth of the Borrower at any time to be less than an amount equal to $6,500,000 PLUS the sum aggregate of $115,000,000 plus 50% of the cumulative sum of Consolidated Net Income of the Borrower, if positive, for each quarter during the period commencing on January 1, 1997 and ending at the close of the fiscal quarter (if positive) beginning after the Closing Date and ended at or prior to such time LESS the aggregate writeoff of intangible assets constituting goodwill after the Closing Date to the extent reflected in accordance with GAAP on the financial statements of the Borrower delivered pursuant to Section 7.1 for fiscal periods ending after the Closing Datethen last ended.

Maintenance of Net Worth. Permit the Consolidated Net Worth of the Borrower at any time during any period to be less than the sum of (i) $115,000,000 plus 483,000,000, PLUS (ii) 100% of the net cash proceeds (including any cash proceeds of non-cash proceeds) of any net issuances by the Borrower of any Capital Stock and any equity contributions to it after the Closing -41- Date, PLUS (iii) 50% of the cumulative sum of positive Consolidated Net Income Income, if any, for each completed fiscal quarter (if positive) beginning after the Closing Date and ended at or prior to such time LESS the aggregate writeoff of intangible assets constituting goodwill after the Closing Date to the extent reflected in accordance with GAAP on the financial statements of the Borrower delivered pursuant to Section 7.1 for fiscal periods ending after the Closing DateJune 30, 2002.