Common use of Consolidated Tangible Net Worth Clause in Contracts

Consolidated Tangible Net Worth. As of the end of any fiscal quarter of the Borrower, the Borrower will not permit Consolidated Tangible Net Worth to be less than the sum of $90,000,000 PLUS, on a cumulative basis, 50% of positive Consolidated Net Income for each fiscal quarter subsequent to December 30, 2000.

Consolidated Tangible Net Worth. As of the end of any fiscal quarter of the Borrower, the The Borrower will not permit shall at all times maintain a Consolidated Tangible Net Worth to be of not less than the sum of (i) $90,000,000 PLUS, on a cumulative basis, 5,500,000 and (ii) 50% of positive the aggregate amount of Consolidated Net Income of the Parent and its Subsidiaries, including the Borrower, for each of the fiscal quarter subsequent to quarters ended after December 3031, 2000.1994 but without deducting therefrom any amount of Consolidated Net Deficit for any of such fiscal quarters;

Consolidated Tangible Net Worth. As of the end of any fiscal quarter of the Borrower, the The Borrower will not permit Consolidated Tangible Net Worth at any time to be less than the sum of $90,000,000 PLUS100,000,000 plus, on a cumulative basis, fifty percent (50% %) of positive Consolidated Net Income for each fiscal quarter subsequent to December 30, 2000the Closing Date (with no deductions for any quarter in which there is a net loss).

Consolidated Tangible Net Worth. As of the end of any fiscal quarter of the Borrower, the The Borrower will not permit shall at all times maintain a Consolidated Tangible Net Worth to be of not less than the sum of (i) $90,000,000 PLUS, on a cumulative basis, 23,500,000 and (ii) 50% of positive the aggregate amount of Consolidated Net Income of the Parent and its Subsidiaries, including the Borrower, for each of the fiscal quarter subsequent to December quarters ending after September 30, 2000.1998 but without deducting therefrom any amount of Consolidated Net Deficit for any of such fiscal quarters;

Consolidated Tangible Net Worth. As of the end of any fiscal quarter of the Borrower, the The Borrower will not permit Consolidated Tangible Net Worth to be less than the sum of $90,000,000 PLUS23,000,000 plus, on a cumulative basis, fifty percent (50% %) of positive Consolidated Net Income for each fiscal quarter year subsequent to December 30, 2000the date hereof.

Consolidated Tangible Net Worth. As of the end of any fiscal quarter of the Borrower, the The Borrower will not permit its Consolidated Tangible Net Worth for any fiscal quarter to be less than the sum an amount equal to Seventy-Three Million Dollars ($73,000,000) plus fifty percent (50%) of $90,000,000 PLUS, on a cumulative basis, 50% of any positive Consolidated Net Income for each such fiscal quarter subsequent to December 30, 2000quarter.

Consolidated Tangible Net Worth. As of the end of any fiscal quarter of the Borrower, the Borrower The Borrowers will not at any time permit Consolidated Tangible Net Worth to be less than (i) 90% of Consolidated Tangible Net Worth as of the sum of $90,000,000 PLUSBalance 93 -85- Sheet Date plus, (ii) on a cumulative basis, 50% of positive Consolidated Net Income for each fiscal quarter Fiscal Year subsequent to December 30, 2000the Closing Date plus (iii) 50% of Net Equity Proceeds.

Consolidated Tangible Net Worth. As of the end of any fiscal quarter of the Borrower, the The Borrower will not permit Consolidated Tangible Net Worth to be less than the sum of $90,000,000 (-)$120,000,000 PLUS, on a cumulative basis, 50% eighty-five percent (85%) of positive Consolidated Net Income for at the end of each fiscal quarter year subsequent to December 30the 2001 fiscal year, 2000PLUS, 100% of any Equity Issuances, in each case determined for any fiscal year.

Consolidated Tangible Net Worth. As of the end of any fiscal quarter of the Borrower, the The Borrower will not permit ------------------------------- Consolidated Tangible Net Worth to be less than the sum of (a) $90,000,000 PLUS142,000,000, plus (b) on a cumulative basis, 50% of positive Consolidated Net Income for each fiscal quarter year subsequent to December 30the Closing Date, 2000plus (c) the proceeds received by the Borrower in connection with the sale of equity securities of the Borrower or its Subsidiaries.

Consolidated Tangible Net Worth. As of the end of any fiscal quarter of the Borrower, the Borrower The Borrowers will not permit Consolidated Tangible Net Worth Worth, at any time, to be less than the sum of (a) $90,000,000 PLUS, on a cumulative basis, 50% 160,000,000 plus (b) seventy-five percent (75%) of positive Consolidated Net Income for each fiscal quarter subsequent to December 30of the Borrowers commencing with the fiscal quarter ending on or about November 3, 20002003.

Consolidated Tangible Net Worth. As of the end of any each fiscal quarter of the Borrowerquarter, the Borrower Borrowers will not permit Consolidated Tangible Net Worth Worth, to be less than the sum of $90,000,000 PLUS, on a cumulative basis, 50% of positive Consolidated Net Income for each fiscal quarter subsequent to December 30, 2000600,000,000.

Consolidated Tangible Net Worth. As of The Borrower will maintain, at the end of any each fiscal quarter of the Borrowerdesignated herein, the Borrower will not permit its Consolidated Tangible Net Worth to be at an amount not less than the sum of (a) $90,000,000 PLUS, on a cumulative basis, 5043,270,000 PLUS (b) 70% of the cumulative positive net income in all fiscal quarters ending after July 31, 1996; PROVIDED, HOWEVER, under no circumstances shall the minimum Consolidated Tangible Net Income for each fiscal quarter subsequent to December 30, 2000Worth ever decrease.

Consolidated Tangible Net Worth. As of At the end of any fiscal quarter of the Borrower, permit the Borrower will not permit Consolidated Tangible Net Worth to be less than an amount equal to the greater of (i) $85,000,000, or (ii) the sum of $90,000,000 PLUS, on a cumulative basis, 85,000,000 plus 50% of positive Consolidated Net Income for each the period commencing on December 31, 2000 and terminating at the end of the fiscal quarter subsequent to December 30, 2000most recently ended.

Consolidated Tangible Net Worth. As of the end of any fiscal quarter of the Borrower, the The Borrower will not permit shall at all times maintain a Consolidated Tangible Net Worth to be of not less than the sum of (i) $90,000,000 PLUS, on a cumulative basis, 77,500,000 and (ii) 50% of positive the aggregate amount of Consolidated Net Income of the Parent and its Subsidiaries, including the Borrower, for each of the fiscal quarter subsequent to December quarters ending after June 30, 2000., but without deducting therefrom any amount of Consolidated Net Deficit for any of such fiscal quarters;

Consolidated Tangible Net Worth. As of the end of any fiscal quarter of the Borrower, the The Borrower will not permit Consolidated Tangible Net Worth at any time to be less than the sum of (i) $90,000,000 PLUS18,775,000, plus (ii) on a cumulative basisbasis for each fiscal 92 -85- quarter beginning with the fiscal quarter ended March 31, 50% 1999, (A) one hundred percent (100%) of positive Consolidated Net Income for each fiscal quarter subsequent of the Borrower and its Subsidiaries minus (B) $150,000 (but solely to December 30, 2000the extent that (A) minus (B) is greater than $0).

Consolidated Tangible Net Worth. As of the end of any fiscal quarter of the Borrower, the Borrower The Borrowers will not permit Consolidated Tangible Net Worth Worth, at any time, to be less than the sum of (a) $90,000,000 PLUS, on a cumulative basis, 50% 145,059,000 plus (b) seventy-five percent (75%) of positive Consolidated Net Income for each fiscal quarter subsequent to December of the Borrowers commencing with the fiscal quarter ending on or about July 30, 2000.