Capital Ratio/Equity Capital Adequacy Sample Clauses

Capital Ratio/Equity Capital Adequacy. (a) Borrower and Bank shall maintain at all times a “Well Capitalized” rating as required by any applicable regulatory authority as such requirement may be revised from time to time.
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Capital Ratio/Equity Capital Adequacy. With respect to the financial statements of the Borrower and Bank, shall maintain at all times until payment in full of the Loan, capital levels of Borrower in full compliance with all state and federal regulatory authorities and, without limiting the generality of the foregoing, a ratio of Tier 1 Capital to Average Adjusted Assets as required by all state and federal regulatory authorities; provided, however, with respect to the financial statement of the Borrower in no event shall the minimum ratio of Tier 1 Capital to Average Adjusted Assets be less than Seven Percent (7.0%) as long as NPL are greater than 2.0%. When NPL drop below 2.0% the minimum Tier 1 Capital ratio will be Six and one half percent (6.5%) see 5.15 (b) for definition of NPL. For purposes hereof, "Tier 1 Capital" is defined in Appendix A to Title 12, Code of Federal Regulations, Part 225n, and Capital Adequacy Guidelines for Bank Holding Companies.
Capital Ratio/Equity Capital Adequacy. 65. Bank shall maintain at all times a “Well Capitalized” rating as required by any applicable regulatory authority as such requirement may be revised from time to time. If, during the life of the Loan, the total assets of the Bank exceed Three Billion Dollars ($3,000,000,000.00), then the Borrower shall be added to the foregoing covenant.
Capital Ratio/Equity Capital Adequacy. Borrower and Bank shall maintain at all times a “Well Capitalized” rating as required by any applicable regulatory authority as such requirement may be revised from time to time; provided, however, Borrower shall maintain a consolidated leverage ratio (Tier 1 Capital to tangible assets) of not less than Seven Percent (7.00%) and Bank not less than $191,961,000 in Capital. For purposes hereof, “Tier 1 Capital” is defined in Appendix A to Title 12, Code of Federal Regulations, Part 225n, Capital Adequacy Guidelines for Bank Holding Companies.
Capital Ratio/Equity Capital Adequacy. With respect to the financial statements of the Borrower and Bank, maintain at all times until payment in full of the Loan capital levels of both Borrower and Bank in full compliance with all state and federal regulatory authorities and, without limiting the generality of the foregoing, a ratio of Tier 1 Capital to Total Assets as required by all state and federal regulatory authorities; provided, however, with respect to the financial statement of the Bank in no event shall the minimum ratio of Tier 1 Capital to Total Assets be less than 5%. For purposes hereof, "Tier 1 Capital" is defined in Appendix A to Title 12, Code of Federal Regulations, Part 225n, Capital Adequacy Guidelines for Bank Holding Companies.
Capital Ratio/Equity Capital Adequacy. With respect to the financial statements of the Borrower and Bank, maintain at all times until payment in full of the Loan, capital levels of both Borrower and the Bank in full compliance with all state and federal regulatory authorities, and in no event maintain a total capital ratio of less than seven percent (7%). For purposes hereof, all ratios should be calculated according to federal regulatory guidelines for capital adequacy guidelines for bank-holding companies and banks.
Capital Ratio/Equity Capital Adequacy. With respect to the financial statements of the Borrower and Bank, maintain at all times until payment in full of the Loan capital levels of both Borrower and Bank in full compliance with all state and federal regulatory authorities and, without limiting the generality of the foregoing, a ratio of Tier 1 Capital to Total Assets as required by all state and federal regulatory authorities; PROVIDED, HOWEVER, with respect to the financial statement of the Bank in no event shall the minimum ratio of Tier 1 Capital to Total Assets be less THAN 6.50%. For purposes hereof, "Tier 1 Capital" is defined in Appendix A to Title 12, Code of Federal Regulations, Part 225n, Capital Adequacy Guidelines for Bank Holding Companies.
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Related to Capital Ratio/Equity Capital Adequacy

  • Debt to Capital Ratio At all times, maintain a ratio of Total Consolidated Debt to Total Consolidated Capitalization of not greater than 0.65 to 1.0.

  • Debt to Equity Ratio The Lender shall have received from the Borrower a certificate demonstrating that the ratio of the Borrower's Adjusted Indebtedness to the Borrower's Net Assets, taking into account the requested Loan and the assets, if any, to be acquired by the Borrower with the proceeds of such Loan, shall not exceed 4-to-1.

  • Net Capital You represent that you, and we represent that we, are in compliance with the capital requirements of Rule 15c-3-1 promulgated by the Commission under the Securities and Exchange Act of 1934, and we may, in accordance with and pursuant to such Rule 15c-3-1, agree to purchase the amount of Units to be purchased by you and us, respectively, under the Agreement.

  • Equity Capitalization As of the date hereof, the authorized capital stock of the Company consists of (x) 30,000,000 shares of Common Stock, of which as of the date hereof, 10,964,602 shares are issued and outstanding, 2,529,378 shares are reserved for issuance pursuant to the Company’s employee incentive plan and other options and warrants outstanding and no shares are reserved for issuance pursuant to securities (other than the Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock, and (y) 10,000,000 shares of preferred stock, of which as of the date hereof, none are issued and outstanding. All of such outstanding shares have been, or upon issuance will be, validly issued and are fully paid and nonassessable. Except as set forth above in this Section 3(p): (i) none of the Company’s capital stock is subject to preemptive rights or any other similar rights or any liens or encumbrances suffered or permitted by the Company; and (ii) there are no outstanding options, warrants, scrip, rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities or rights convertible into, or exercisable or exchangeable for, any capital stock of the Company, or contracts, commitments, understandings or arrangements by which the Company is or may become bound to issue additional capital stock of the Company or options, warrants, scrip, rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities or rights convertible into, or exercisable or exchangeable for, any capital stock of the Company; (iii) there are no outstanding debt securities, notes, credit agreements, credit facilities or other agreements, documents or instruments evidencing Indebtedness of the Company or by which the Company is or may become bound; (iv) there are no financing statements securing obligations in any material amounts, either singly or in the aggregate, filed in connection with the Company; (v) there are no agreements or arrangements under which the Company is obligated to register the sale of any of its securities under the 1933 Act (except pursuant to the Registration Rights Agreement); (vi) there are no outstanding securities or instruments of the Company which contain any redemption or similar provisions, and there are no contracts, commitments, understandings or arrangements by which the Company is or may become bound to redeem a security of the Company; (vii) there are no securities or instruments containing anti-dilution or similar provisions that will be triggered by the issuance of the Securities; (viii) the Company does not have any stock appreciation rights or “phantom stock” plans or agreements or any similar plan or agreement; and (ix) the Company has no liabilities or obligations required to be disclosed in the SEC Documents but not so disclosed in the SEC Documents, other than those incurred in the ordinary course of the Company’s business and which, individually or in the aggregate, do not or would not have a Material Adverse Effect. The Company has furnished or made available to the Buyers true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s Bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all securities convertible into, or exercisable or exchangeable for, shares of Common Stock and the material rights of the holders thereof in respect thereto.

  • Debt to Capitalization Ratio As of the last day of each fiscal quarter of the Borrower, the Debt to Capitalization Ratio shall be less than or equal to 0.70 to 1.0.

  • Liquidity Ratio A Liquidity Ratio of at least 1.50 to 1.00.

  • Increased Capital If after the date hereof any Lender or Issuing Bank determines that (i) the adoption or implementation of or any change in or in the interpretation or administration of any law or regulation or any guideline or request from any central bank or other Governmental Authority or quasi-governmental authority exercising jurisdiction, power or control over any Lender, Issuing Bank or banks or financial institutions generally (whether or not having the force of law), compliance with which affects or would affect the amount of capital required or expected to be maintained by such Lender or Issuing Bank or any corporation controlling such Lender or Issuing Bank and (ii) the amount of such capital is increased by or based upon (A) the making or maintenance by any Lender of its participation in or obligation to participate in Letters of Credit or (B) the issuance or maintenance by any Issuing Bank of, or the existence of any Issuing Bank's obligation to issue, Letters of Credit, then, in any such case, upon written demand by such Lender or Issuing Bank (with a copy of such demand to the Agent), the Borrowers shall immediately pay to the Agent for the account of such Lender or Issuing Bank, from time to time as specified by such Lender or Issuing Bank, additional amounts sufficient to compensate such Lender or Issuing Bank or such corporation therefor. Such demand shall be accompanied by a statement as to the amount of such compensation and include a brief summary of the basis for such demand. Such statement shall be conclusive and binding for all purposes, absent manifest error.

  • Financial Ratios (a) The Company shall at all times maintain, on a consolidated basis, a Total Debt to Capitalization Ratio of not more than 0.65 to 1.00.

  • Adjusted Leverage Ratio The Borrower shall not permit the Adjusted Leverage Ratio as at the end of any Fiscal Quarter to be greater than the following for the respective periods set forth below: Period Adjusted Leverage Ratio Closing Date to and including March 27, 2004 3.75:1.00 March 28, 2004 to and including June 26, 2004 4.75:1.00 June 27, 2004 to and including July 2, 2005 5.60:1:00 July 3, 2005 and any time thereafter 5.25:1.00

  • Cash Flow Leverage Ratio The Borrower will not permit the Cash Flow Leverage Ratio on the last day of any fiscal quarter to exceed 3.50 to 1.00.

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