Adjusted Earnings Sample Clauses

Adjusted Earnings. Have (a) Net Income, plus (b) to the extent issued during the period for which the Net Income is being calculated, the face amount of the VNUS ▇▇▇▇ ▇▇, plus (c) to the extent deducted in the calculation of Net Income, depreciation expense and amortization expense, less (d) capital expenditures, of (x) greater than zero for the three month period ending November 30, 2007 and for each three month period ending as of the last day of each month thereafter through and including March 31, 2008, (y) greater than $100,000 for the three month period ending April 30, 2008 and for each three month period ending as of the last day of each month thereafter through and including June 30, 2008, and (z) greater than $500,000 for the three month period ending July 31, 2008 and for each three month period ending as of the last day of each month thereafter.

Adjusted Earnings. The Adjusted Earnings for any period set forth below shall not be less than the amount set forth below opposite such period: Minimum Adjusted Period Earnings ------ -------- August 1, 2005 through October 31, 2005 ...................................... $1,419,800 August 1, 2005 through January 31, 2006 ...................................... 1,500,000 August 1, 2005 through April 30, 2006 ........................................ 3,500,000 August 1, 2005 through July 31, 2006 ......................................... 5,679,000 The four consecutive fiscal quarters ending October 31, 2006 ................. 5,902,000 The four consecutive fiscal quarters ending January 31, 2007 ................. 6,124,900 The four consecutive fiscal quarters ending April 30, 2007 ................... 6,347,900 Each period of four consecutive fiscal quarters ending January 31, April 30, July 31 or October 31 of each fiscal year thereafter ..................... 6,400,000" (c) Section 8.3(b) is amended and restated as follows:

Adjusted Earnings. The Adjusted Earnings for any period set forth below shall not be less than the amount set forth below opposite such period: November 3, 2002 through November 3, 2003 $ 4,500,000 February 2, 2003 through February 2, 2004 4,500,000 May 2, 2003 through May 4, 2004 and each period of four consecutive fiscal quarters thereafter 6,000,000 SECTION 8.2. Adjusted U.S. Earnings. The Adjusted U.S. Earnings for any period set forth below shall not be less than the amount set forth below opposite such period: November 3, 2002 through November 3, 2003 $ 2,775,000 February 2, 2003 through February 2, 2004 2,775,000 May 2, 2003 through May 4, 2004 3,500,000 Each period of four consecutive fiscal quarters thereafter 4,000,000

Adjusted Earnings. The Adjusted Earnings for any period set forth below shall not be less than the amount set forth below opposite such period: November 1, 2009 through January 31, 2010 $215,000 November 1, 2009 through April 30, 2010 585,000”

Adjusted Earnings. The Credit Parties shall not permit the Adjusted Earnings for each period set forth below to be less than the amount set forth below opposite such period: Period Minimum Adjusted Earnings April 1, 2015 through June 30, 2015 $ 7,350,000 April 1, 2015 through September 30, 2015 $ 25,071,000 April 1, 2015 through December 31, 2015 $ 41,581,000 April 1, 2015 through March 31, 2016 and each Reference Period ended thereafter $ 43,000,000 (y) The existing Section 8.01(s) of the Credit Agreement is deleted in its entirety and the following is inserted in lieu thereof: “[Reserved]”. (z) The existing Section 9.06(a) of the Credit Agreement is amended by deleting the second sentence thereof in its entirety and inserting the following in lieu thereof: “Upon receipt of any such notice of resignation, the Required Lenders shall have the right, in consultation with the Borrowers, to appoint a successor from among the Lenders (or an Affiliate of a Lender) or a financial institution or other entity that provides agency or trustee services, in each case, having an office in the United States.” (aa) The existing Section 10.06(b) of the Credit Agreement is amended by inserting the following at the end thereof: “Notwithstanding the foregoing, with the consent of the Administrative Agent, but without the consent of any Borrower, any Lender may assign to Standard General, L.P. and/or its Affiliates all or a portion of its rights and obligations under this Agreement (including all or a portion of its Commitment and the Loans (including for purposes of this subsection (b), participations in L/C Obligations and in Swing Line Loans) at the time owing to it.” The amendments to the Credit Agreement are limited to the extent specifically set forth above and no other terms, covenants or provisions of the Credit Agreement are intended to be affected hereby.