Common use of Consolidated Tangible Net Worth Clause in Contracts

Consolidated Tangible Net Worth. The Company will not permit Consolidated Tangible Net Worth at any time to be less than the sum of (a) $30,625,000 plus (b) 50% of Consolidated Adjusted Net Income (but only if positive) for each Fiscal Quarter ending after December 31, 1992.

Consolidated Tangible Net Worth. The Company will shall not at any time permit Consolidated Tangible Net Worth Worth, determined at any time such time, to be less than the sum of of (a) four hundred fifty million dollars ($30,625,000 plus 450,000,000), plus (b) 50% the sum of Consolidated Adjusted the Company Fiscal Year Net Income (but only if positive) Worth Increase Amounts calculated for each Fiscal Quarter ending all fiscal years of the Company ended on or after December October 31, 19921999.

Consolidated Tangible Net Worth. The Company will not at any time permit Consolidated Tangible Net Worth at any time Worth, determined as of the end of the fiscal quarter of the Company then most recently ended, to be less than the sum of of (a) $30,625,000 34,000,000, plus (b) 50% the sum of Consolidated Adjusted the Fiscal Year Net Income (but only if positive) Worth Increase Amounts for each Fiscal Quarter all fiscal years of the Company the last day of which occurred during the period beginning January 1, 1998 and ending after December 31, 1992at such time.

Consolidated Tangible Net Worth. The Company will not at any time permit Consolidated Tangible Net Worth at any time to be less than the sum of (a) $30,625,000 plus (b) 504,900,000 plus, on a cumulative basis, 60% of positive Consolidated Adjusted Net Income (but only if positive) for each Fiscal Quarter ending after December fiscal quarter of the Company beginning with the fiscal quarter ended March 31, 19921994, with no deductions for losses.

Consolidated Tangible Net Worth. The Company will not permit its Consolidated Tangible Net Worth at any time to be less than $350,000,000 plus the cumulative sum of (a) $30,625,000 plus (b) 50% of Consolidated Adjusted Net Income (but only if positivea positive number) for each Fiscal Quarter fiscal quarter ending after December 31July 2, 19922005.

Consolidated Tangible Net Worth. The Company will not permit Consolidated Tangible Net Worth at any time to be less than the sum of (a) $30,625,000 71,000,000 plus (b) 50% of Consolidated Adjusted Net Income (but only if positive) for each Fiscal Quarter ending after December 31, 1992.

Consolidated Tangible Net Worth. The Company will not not, at any time, permit Consolidated Tangible Net Worth at any time to be less than the sum of of (ai) $30,625,000 plus 148,299,000, plus (bii) 50an aggregate amount equal to 25% of Consolidated Adjusted Net Income (but only if positivea positive number) for each Fiscal Quarter completed fiscal quarter of the Company beginning with the fiscal quarter ending after December 31September 30, 19922002.

Consolidated Tangible Net Worth. The Company will not permit permit, ------------------------------- at any time, its Consolidated Tangible Net Worth at any time to be less than the sum lesser of (a) $30,625,000 72,000,000 plus (b) the cumulative sum of 50% of Consolidated Adjusted Net Income (but only if positivewithout reduction for any losses) for each Fiscal Quarter ending after subsequent to December 31, 19921994, or (b) $135,000,000."

Consolidated Tangible Net Worth. The Company will shall not permit Consolidated its consolidated Tangible Net Worth at any time during any fiscal quarter to be less than the sum of (a) $30,625,000 174,200,000, plus (b) 50% of Consolidated Adjusted Net Income net earnings (but only if positivewithout reduction for losses) for each Fiscal Quarter ending accrued after December March 31, 19921997, plus 75% of the net proceeds of any new common stock issued by the Company.

Consolidated Tangible Net Worth. The Company will not not, at any time, permit Consolidated Tangible Net Worth at any time to be less than the sum of (ai) Three Hundred Fifty Million Dollars ($30,625,000 350,000,000) plus (bii) 50an aggregate amount equal to 25% of the Consolidated Adjusted Net Income (but but, in each case, only if positivea positive number) on a cumulative basis for each Fiscal Quarter completed fiscal year beginning with the fiscal year ending after December 31, 19922002.

Consolidated Tangible Net Worth. The Company will not permit Consolidated Tangible Net Worth at any time to be less than the sum of (a) $30,625,000 71,000,000 plus (b) 50% of Consolidated Adjusted Net Income (but only if positive) for each Fiscal Quarter ending after December 31, 1992. 3. Amendment to Section 9.04 of the Note Agreement. Section 9.04 of the Note Agreement is hereby amended to read in its entirety as follows:

Consolidated Tangible Net Worth. The Company will not -------------------------------- permit Consolidated Tangible Net Worth at any time to be less than the sum of (a) Consolidated Net Worth as of December 31, 1996 minus (b) $30,625,000 10,000,000 plus (bc) 50% of Consolidated Adjusted Net Income (but only if positive) for each Fiscal Quarter fiscal year, commencing with the fiscal year ending after December 31, 19921997, during which Consolidated Net Income is positive.

Consolidated Tangible Net Worth. The Company will not permit Consolidated Tangible Net Worth at any time to be less than the sum of (a) $30,625,000 93,000,000 plus (b) 50% of Consolidated Adjusted Net Income (but only if positive) for each Fiscal Quarter ending on or after December 31, 1992the Closing Date.

Consolidated Tangible Net Worth. The Company will Holdings and its Subsidiaries ------------------------------- shall not permit Consolidated Tangible Net Worth at any time to be less than the sum of (a) $30,625,000 40,000,000 plus (b) 50% of Consolidated Adjusted Net Income (but only if positive) for each Fiscal Quarter ending after December 31on a cumulative basis from September 30, 1992, to and including any date of determination hereunder.

Consolidated Tangible Net Worth. The Company will not at any time --------------------------------- permit Consolidated Tangible Net Worth at any time to be less than the sum of (ai) $30,625,000 34,000,000 plus (bii) fifty percent (50% %) of Consolidated Adjusted Cumulative Net Income (but only if positive) for each Fiscal Quarter ending after December 31, 1992Earnings.

Consolidated Tangible Net Worth. The Company will not permit Consolidated Tangible Net Worth at any time to be less than the sum of (ai) $30,625,000 40,000,000 plus (bii) 50% of Consolidated Adjusted GAAP Net Income (but only if positivewithout giving effect to any losses) for each Fiscal Quarter ending beginning on or after December May 31, 19921998 plus (iii) 75% of the Net Equity Proceeds from any equity offering by the Company or any of its Subsidiaries after May 31, 1998.

Consolidated Tangible Net Worth. The Company will shall not permit its Consolidated Tangible Net Worth at any time to be less than the sum of of (a) $30,625,000 plus 435,742,000, plus (b) 50% of the Consolidated Adjusted Net Income (but only if positivewithout deduction for losses sustained during any fiscal quarter) of the Company for each Fiscal Quarter ending fiscal quarter subsequent to the fiscal quarter ended December 31, 2001, plus (c) 90% of the net proceeds from any equity offerings of the Company from and after December 31, 19922001.