Common use of Consolidated Net Worth Clause in Contracts

Consolidated Net Worth. The Borrowers will not permit Consolidated Net Worth at any time to be less than $316,000,000 plus fifty percent (50%) of the Borrowers’ Consolidated Net Income for the final fiscal quarter of 2005 and for each fiscal year thereafter (but without deduction for any fiscal year in which Consolidated Net Income is a negative amount), with the annual adjustments to be applicable as of December 31, 2005 and as of the end of each subsequent fiscal year.

Consolidated Net Worth. The Borrowers Borrower will not not, at any time, permit Consolidated Net Worth at any time to be less than $316,000,000 the sum of (a) U.S.$200,000,000, plus fifty percent (50%b) an aggregate amount equal to 25% of the Borrowers’ its Consolidated Net Income (but, in each case, only if a positive number) for the final each completed fiscal quarter of 2005 and for each fiscal year thereafter (but without deduction for any fiscal year in which Consolidated Net Income is a negative amount), beginning with the annual adjustments to be applicable as of December fiscal quarter ended March 31, 2005 and as of the end of each subsequent fiscal year2003.

Consolidated Net Worth. The Borrowers Obligors will not not, at any time, permit Consolidated Net Worth at any time to be less than the sum of (a) $316,000,000 500,000,000, plus fifty percent (50%b) 25% of the Borrowers’ Consolidated Net Income (but only if a positive number) for each completed fiscal quarter, beginning with the final fiscal quarter of 2005 and for each fiscal year thereafter (but without deduction for any fiscal year in which Consolidated Net Income is a negative amount)ending on November 30, with the annual adjustments to be applicable as of December 31, 2005 and as of the end of each subsequent fiscal year2010.

Consolidated Net Worth. The Borrowers Borrower will not permit its Consolidated Net Worth at any time to be less than an amount equal to $316,000,000 163,897,000, plus fifty percent (50%) 75% of the Borrowers’ positive Consolidated Net Income on a cumulative basis for all fiscal quarters of the final Borrower commencing with the fiscal quarter of 2005 and for each fiscal year thereafter (but without deduction for any fiscal year in which Consolidated Net Income is a negative amount), with the annual adjustments to be applicable as of December 31ending on November 30, 2005 and as of the end of each subsequent fiscal year.(provided, that if 58

Consolidated Net Worth. The Borrowers Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (i) $316,000,000 70,867,050 plus fifty percent (ii) 50%) % of the Borrowers’ Consolidated Net Income for (to the final fiscal quarter of 2005 and extent a positive number) for each fiscal year thereafter quarter ending after September 30, 2004 plus (but without deduction for any fiscal year in which Consolidated Net Income is a negative amount), with the annual adjustments to be applicable as of December 31, 2005 and as iii) 100% of the end proceeds of each subsequent fiscal yearany equity offering (or any debt offering to the extent converted into equity) by the Borrower.

Consolidated Net Worth. The Borrowers Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (i) $316,000,000 98,873,000 plus fifty percent (ii) 50%) % of the Borrowers’ Consolidated Net Income for (to the final fiscal quarter of 2005 and extent a positive number) for each fiscal year thereafter (but without deduction for any fiscal year in which Consolidated Net Income is a negative amount), with the annual adjustments to be applicable as of quarter ending after December 31, 2005 and as 2006 plus (iii) 100% of the end proceeds of each subsequent fiscal yearany equity offering (or any debt offering to the extent converted into equity) by the Borrower occurring after December 31,2006.”

Consolidated Net Worth. The Borrowers Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (a) $316,000,000 1,126,000,000 plus fifty percent (b) 50%) % of the Borrowers’ Consolidated Net Income for the final fiscal quarter of 2005 and for each fiscal year thereafter (but without deduction for any fiscal year in which if Consolidated Net Income is a negative amount), with positive) or zero (if Consolidated Net Income is negative) for each fiscal quarter ending after the annual adjustments to be applicable as of December 31, 2005 and as of the end of each subsequent fiscal yeardate hereof.

Consolidated Net Worth. The Borrowers As of the end of each fiscal quarter, Borrower will not permit its Consolidated Net Worth at any time to be less than $316,000,000 275,000,000, plus fifty percent (50%) of the Borrowers’ Consolidated Net Income for the final fiscal quarter of 2005 and for each fiscal year thereafter (but without deduction for any fiscal year in which Consolidated Net Income is a negative amount), with the annual adjustments to be applicable as of December 31, 2005 and as of the end of each subsequent fiscal year.Worth Adjustment;

Consolidated Net Worth. The Borrowers Borrower will not permit the Consolidated Net Worth at any time to be less than the sum of (i) $316,000,000 plus fifty percent 550,000,000 and (ii) 50%) % of the Borrowers’ Consolidated Net Income for of the final fiscal quarter of 2005 Borrower and its Subsidiaries for each fiscal year thereafter of the Borrower (but without deduction for any beginning with the fiscal year in ending December 31, 2011) for which such Consolidated Net Income is a negative amount), with the annual adjustments to be applicable as of December 31, 2005 and as of the end of each subsequent fiscal yearpositive.

Consolidated Net Worth. The Borrowers Borrower will not permit Consolidated Net Worth at any time to be less than the sum of (i) $316,000,000 plus fifty percent 800,000,000, (50%ii) 25% of the Borrowers’ cumulative Consolidated Net Income for the final each fiscal quarter of 2005 and the Borrower (beginning with the fiscal quarter ending September 30, 2000) for each fiscal year thereafter (but without deduction for any fiscal year in which Consolidated Net Income is a negative amount), with the annual adjustments to be applicable as of December 31, 2005 positive and as (iii) 100% of the end Net Cash Proceeds of each subsequent fiscal yearany common equity issued by the Borrower after the Effective Date.

Consolidated Net Worth. The Borrowers Borrower will not permit at any time Consolidated Net Worth at any time to be less than the sum of (i) $316,000,000 plus fifty percent 958,278,000 and (ii) an amount equal to 50%% of the net income (if positive) of the Borrowers’ Borrower and its Consolidated Net Income Subsidiaries (determined on a consolidated basis without duplication in accordance with GAAP) for the final each fiscal quarter of 2005 the Borrower commencing with and for each including the fiscal year thereafter (but without deduction for any fiscal year in which Consolidated Net Income is a negative amount)quarter ending March 26, with the annual adjustments to be applicable as of December 31, 2005 and as of the end of each subsequent fiscal year2000.

Consolidated Net Worth. The Borrowers Borrower will not at any time permit its Consolidated Net Worth at any time to be less than the sum of (i) $316,000,000 1,044,500,000 plus fifty percent (50%ii) 25% of the Borrowers’ Consolidated Net Income for the final fiscal quarter of 2005 and for each fiscal year thereafter (but without deduction ending on or subsequent to December 31, 2004, for any fiscal year in which Consolidated Net Income is a negative amount), with the annual adjustments to be applicable as of December 31, 2005 and as of the end of each subsequent fiscal yearpositive.

Consolidated Net Worth. The Borrowers Borrower will not permit Consolidated Net Worth at any time to be less than the sum of (i) $316,000,000 plus fifty percent 800,000,000, (50%ii) 25% of the Borrowers’ cumulative Consolidated Net Income for the final each fiscal quarter of 2005 and the Borrower (beginning with the fiscal quarter ending September 30, 2004) for each fiscal year thereafter (but without deduction for any fiscal year in which Consolidated Net Income is a negative amount), with the annual adjustments to be applicable as of December 31, 2005 positive and as (iii) 100% of the end Net Cash Proceeds of each subsequent fiscal yearany common equity issued by the Borrower after the Effective Date.

Consolidated Net Worth. The Borrowers Borrower will not permit at any time Consolidated Net Worth at any time to be less than the sum of (i) $316,000,000 plus fifty percent 958,278,000 and (ii) an amount equal to 50%% of the net income (if positive) of the Borrowers’ Borrower and its Consolidated Net Income Subsidiaries (determined on a consolidated basis without duplication in accordance with GAAP) for the final each fiscal quarter of 2005 the Borrower commencing with and for each including the fiscal year thereafter (but without deduction for any fiscal year in which Consolidated Net Income is a negative amount)quarter ending March 26, with the annual adjustments to be applicable as of December 31, 2005 and as of the end of each subsequent fiscal year.2000. Credit Agreement

Consolidated Net Worth. The Borrowers Borrower will not permit Consolidated Net Worth at any time to be less than the greater of (a) $316,000,000 plus fifty percent 450,000,000 or (50%b) the sum of the Borrowers’ (i) $450,000,00 plus, on a cumulative basis, (ii) 75% of positive Consolidated Net Income for the final each fiscal quarter of 2005 and for each fiscal year thereafter (but without deduction for any fiscal year in which Consolidated Net Income is a negative amount), beginning with the annual adjustments to be applicable as of December 31fiscal quarter ended June 30, 2005 and as 1997, minus (iii) 100% of the end purchase price paid by the Borrower to repurchase the capital stock of each subsequent the Borrower in such fiscal yearquarters.

Consolidated Net Worth. The Borrowers Borrower will not permit Consolidated Net Worth at any time to be less than the sum of (i) $316,000,000 70,000,000 plus (ii) on a cumulative basis, fifty percent (50%) of the Borrowers’ positive Consolidated Net Income for the final each fiscal quarter of 2005 and for each fiscal year thereafter (but without deduction for any fiscal year in which Consolidated Net Income is a negative amount), beginning with the annual adjustments to be applicable as of December 31fiscal quarter ended March 28, 2005 and as of the end of each subsequent fiscal year1998.

Consolidated Net Worth. The Borrowers will Borrower has not permit permitted Consolidated Net Worth at any time to be less than $316,000,000 185,000,000 plus fifty percent (50%) % of the Borrowers’ Borrower's Consolidated Net Income for the final fiscal quarter of 2005 and for each fiscal year thereafter beginning after December 31, 2001 (but without deduction for any fiscal year in which Consolidated Net Income is a negative amount), with the annual adjustments to be applicable as of December 31, 2005 2002 and as of the end of each subsequent fiscal year.

Consolidated Net Worth. The Borrowers Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of $316,000,000 14,500,000 plus fifty percent (50%) 25% of the Borrowers’ its cumulative positive Consolidated Net Income for the final fiscal quarter of 2005 and for each fiscal year thereafter (but without deduction for any fiscal year in which Consolidated Net Income is a negative amount), with the annual adjustments to be applicable as of December arising after March 31, 2005 and as of the end of each subsequent fiscal year2002.

Consolidated Net Worth. The Borrowers Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (a) $316,000,000 1,500,000,000 plus fifty percent (b) 50%) % of the Borrowers’ Consolidated Net Income for the final fiscal quarter of 2005 and for each fiscal year thereafter (but without deduction for any fiscal year in which if Consolidated Net Income is a negative amount), with the annual adjustments to be applicable as of positive) or zero (if Consolidated Net Income is negative) for each fiscal quarter ending on or after December 31, 2005 and as of the end of each subsequent fiscal year2004.

Consolidated Net Worth. The Borrowers Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (i) $316,000,000 98,873,000 plus fifty percent (ii) 50%) % of the Borrowers’ Consolidated Net Income for (to the final fiscal quarter of 2005 and extent a positive number) for each fiscal year thereafter (but without deduction for any fiscal year in which Consolidated Net Income is a negative amount), with the annual adjustments to be applicable as of quarter ending after December 31, 2005 and as 2006 plus (iii) 100% of the end proceeds of each subsequent fiscal yearany equity offering (or any debt offering to the extent converted into equity) by the Borrower occurring after December 31, 2006.

Consolidated Net Worth. The Borrowers Obligors and their Subsidiaries will not permit Consolidated Net Worth at any time to be less than the sum of (a) $316,000,000 12,000,000, plus fifty percent (b) on a cumulative basis, 50%) % of the Borrowers’ positive Consolidated Net Income for the final each fiscal quarter of 2005 and for each fiscal year thereafter (but without deduction for any fiscal year in which Consolidated Net Income is a negative amount), beginning with the annual adjustments to be applicable as of December fiscal quarter ended March 31, 2005 and as 1999, plus (c) 100% of the end proceeds of each subsequent fiscal year.any sale by any Borrower of equity securities issued by such Borrower, minus

Consolidated Net Worth. The Borrowers Borrower will not permit permit, at any time Consolidated Net Worth at any time to be less than the sum of (i) $316,000,000 95 million plus (ii) as of the end of each fiscal quarter to occur after September 30, 1997, an amount equal to fifty percent (50%) of the Borrowers’ Consolidated Net Income (but not less than zero) for the final fiscal quarter of 2005 and for each fiscal year thereafter (but without deduction for any fiscal year in which Consolidated Net Income is a negative amount)then ended, with the annual adjustments such increases to be applicable as of December 31, 2005 and as cumulative plus (iii) an amount equal to one hundred percent (100%) of the end of each subsequent fiscal yearnet proceeds from Equity Transactions occurring after September 30, 1997.

Consolidated Net Worth. The Borrowers Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (i) $316,000,000 163,725,000 plus fifty percent (ii) 50%) % of the Borrowers’ Consolidated Net Income for (to the final fiscal quarter of 2005 and extent a positive number) for each fiscal year thereafter quarter ending after the Closing Date plus (but without deduction for any fiscal year in which Consolidated Net Income is a negative amount), with the annual adjustments to be applicable as of December 31, 2005 and as iii) 100% of the end net proceeds of each subsequent fiscal yearany equity offering (or any debt offering to the extent converted into equity) by the Borrower.

Consolidated Net Worth. The Borrowers will Borrower has not permit permitted Consolidated Net Worth at any time to be less than $316,000,000 260,000,000 plus fifty percent (50%) % of the Borrowers’ Borrower’s Consolidated Net Income for the final fiscal quarter of 2005 and for each fiscal year thereafter beginning after December 31, 2003 (but without deduction for any fiscal year in which Consolidated Net Income is a negative amount), with the annual adjustments to be applicable as of December 31, 2005 2004 and as of the end of each subsequent fiscal year.

Consolidated Net Worth. The Borrowers Borrower will not permit its Consolidated Net Worth at any time to be less than the sum of (i) $316,000,000 59,843,400 plus fifty percent (ii) 50%) % of the Borrowers’ Consolidated Net Income for (to the final fiscal quarter of 2005 and extent a positive number) for each fiscal year thereafter quarter ending after June 30, 2003 plus (but without deduction for any fiscal year in which Consolidated Net Income is a negative amount), with the annual adjustments to be applicable as of December 31, 2005 and as iii) 100% of the end proceeds of each subsequent fiscal yearany equity offering (or any debt offering to the extent converted into equity) by the Borrower.

Consolidated Net Worth. The Borrowers Borrower will not permit Consolidated Net Worth at any time to be less than the sum of $316,000,000 50,000,000 plus (ii) on a cumulative basis, fifty percent (50%) of the Borrowers’ positive Consolidated Net Income for the final each fiscal quarter of 2005 and for each fiscal year thereafter (but without deduction for any fiscal year in which Consolidated Net Income is a negative amount), beginning with the annual adjustments to be applicable as of December 31fiscal quarter ended March 29, 2005 and as of the end of each subsequent fiscal year1997.

Consolidated Net Worth. The Borrowers Borrower will not permit the Consolidated Net Worth at any time to be less than the sum of (i) $316,000,000 plus fifty percent 811,000,000 and (ii) 50%) % of the Borrowers’ Consolidated Net Income for of the final fiscal quarter of 2005 Borrower and its Subsidiaries for each fiscal year thereafter of the Borrower (but without deduction for any beginning with the fiscal year in ending December 31, 2012) for which such Consolidated Net Income is a negative amount), with the annual adjustments to be applicable as of December 31, 2005 and as of the end of each subsequent fiscal yearpositive.

Consolidated Net Worth. The Borrowers Borrower will not permit the Consolidated Net Worth at any time to be less than the sum of (i) $316,000,000 plus fifty percent 150,000,000 (less the amount of any dividend paid on the Closing Date pursuant to Section 7.07(e)) and (ii) 50%) % of the Borrowers’ Consolidated Net Income of the Borrower and its Subsidiaries for the final each fiscal quarter of 2005 and the Borrower (beginning with the fiscal quarter ending March 31, 2008) for each fiscal year thereafter (but without deduction for any fiscal year in which such Consolidated Net Income is a negative amount), with the annual adjustments to be applicable as of December 31, 2005 and as of the end of each subsequent fiscal yearpositive.

Consolidated Net Worth. The Borrowers Obligors will not not, at any time, permit Consolidated Net Worth at any time to be less than the sum of (a) $316,000,000 160,000,000, plus fifty percent (50%b) an aggregate amount equal to 40% of the Borrowers’ Consolidated Net Income Earnings (but, in each case, only if a positive number) for the final each completed fiscal quarter of 2005 and for each fiscal year thereafter (but without deduction for any fiscal year in which Consolidated Net Income is a negative amount), beginning with the annual adjustments to be applicable as of December 31fiscal quarter ending September 30, 2005 and as of the end of each subsequent fiscal year2001.