Common use of Maintenance of Consolidated Net Worth Clause in Contracts

Maintenance of Consolidated Net Worth. (a) In the event that the Company's Consolidated Net Worth at the end of each of any two consecutive fiscal quarters (the last day of such second fiscal quarter being referred to as the "TRIGGER DATE") is less than $150.0 million (the "MINIMUM NET WORTH"), then the Company shall make an offer to all Holders (a "NET WORTH OFFER") to acquire on a PRO RATA basis on the date (the "NET WORTH REPURCHASE DATE") that is 45 days following the date of the Net Worth Notice (as defined below), Securities in an aggregate principal amount equal to 10% of the initial aggregate amount of the Securities issued under this Indenture (or if less than 10% of the initial aggregate principal amount of the Securities issued is then outstanding, all the Securities outstanding at the time) (the "NET WORTH OFFER AMOUNT") at a purchase price of 100% of the principal amount thereof, plus accrued interest and Additional Interest, if any, to the Net Worth Repurchase Date (the "NET WORTH PRICE"). The Company may credit against a Net Worth Offer Amount the principal amount of Securities acquired by the Company prior to the relevant Trigger Date through purchase, optional redemption or exchange. No credit shall be made for any mandatory repurchase, including, without limitation, repurchases pursuant to a Net Worth Offer, a Change of Control or a Net Proceeds Offer (as defined in Section 4.15). The Company, however, may not receive credit for a specific repurchased Security in more than one Net Worth Offer. In no event shall the Company's failure to maintain a Consolidated Net Worth in excess of the Minimum Net Worth at the end of any fiscal quarter be counted toward the requirement to make more than one Net Worth Offer. The Company shall notify the Trustee promptly after the occurrence of any of the events specified in this Section

Maintenance of Consolidated Net Worth. The Company is required to furnish to the Trustee an Officers’ Certificate within 55 days after the end of any fiscal quarter (a100 days after the end of any fiscal year) In notifying the event Trustee that the Company's ’s Consolidated Net Worth has declined below $80.0 million (the “Minimum Required Net Worth”) at the end of any fiscal quarter in which the Company’s Consolidated Net Worth has so declined. If, on the last day of each of any two consecutive fiscal quarters (the last day of such the second fiscal quarter being referred to herein as a “Deficiency Date”), the "TRIGGER DATE") Company’s Consolidated Net Worth is less than $150.0 million (the "MINIMUM NET WORTH")Minimum Required Net Worth, then the Company shall is required, no later than 65 days after each such Deficiency Date (110 days if such Deficiency Date is the last day of the Company’s fiscal year), to make an offer to all Holders of Notes to purchase (a "NET WORTH OFFER"“Purchase Offer”) to acquire on a PRO RATA basis on the date (the "NET WORTH REPURCHASE DATE") that is 45 days following the date of the Net Worth Notice (as defined below), Securities in an aggregate principal amount equal to 10% of the initial aggregate amount of the Securities issued under this Indenture (or if less than 10% of the initial aggregate principal amount of the Securities Notes theretofore issued is then outstanding, all the Securities outstanding at the time) under this First Supplemental Indenture (the "NET WORTH OFFER AMOUNT"“Offer Amount”) at a purchase price of equal to 100% of the principal amount thereofof the Notes, plus accrued interest and Additional Interest, if any, to the Net Worth Repurchase Date date of purchase. The Purchase Offer is required to remain open for a period of 20 Business Days following its commencement, except to the extent otherwise permitted by applicable law (as extended, the "NET WORTH PRICE"“Offer Period”) and the Company is required to purchase the Offer Amount of the Notes on a designated date no later than one Business Day after the termination of the Offer Period, or if less than the Offer Amount of Notes shall have been tendered, all Notes then tendered; provided, however, that the Company shall not be obligated to purchase any of such Notes unless Holders of Notes of at least 10% of the Offer Amount shall have tendered and not subsequently withdrawn their Notes for repurchase. If the aggregate principal amount of Notes tendered exceeds the Offer Amount, the Company is required to purchase the Notes tendered to it pro rata among the Notes tendered (with such adjustments as may be appropriate so that only Notes in denominations of $1,000 and integral multiples thereof shall be purchased). The Company may credit against a Net Worth Offer Amount the principal amount of Securities acquired by the Company prior to the relevant Trigger Date through purchase, optional redemption or exchange. No credit shall be made for any mandatory repurchase, including, without limitation, repurchases pursuant to a Net Worth Offer, a Change of Control or a Net Proceeds Offer (as defined comply with all applicable federal and state securities laws in Section 4.15). The Company, however, may not receive credit for a specific repurchased Security in more than one Net Worth connection with each Purchase Offer. In no event shall the failure of the Company's failure to maintain a ’s Consolidated Net Worth in excess of to equal or exceed the Minimum Required Net Worth at the end of any the fiscal quarter be counted toward the requirement to make making of more than one Net Worth Purchase Offer. The Company shall notify may reduce the Trustee promptly after principal amount of Notes to be purchased pursuant to the occurrence of any Purchase Offer by subtracting 100% of the events specified in principal amount (excluding premium) of Notes acquired by the Company subsequent to the Deficiency Date through purchase (otherwise than pursuant to this SectionSection 5.09 or Section 5.04 or Section 5.10 hereof), optional redemption or exchange and surrender for cancellation.

Maintenance of Consolidated Net Worth. (a) In The Company is required to maintain a Consolidated Net Worth of at least $18 million. If the event Company's Consolidated Net Worth is less than $18 million at the end of any fiscal quarter, the Company shall furnish to the Trustee an Officer's Certificate within 45 days after the end of such fiscal quarter (90 days after the end of any fiscal year) notifying the Trustee that the Company's Consolidated Net Worth has declined below $18 million. If, at any time or from time to time, the Company's Consolidated Net Worth at the end of each of any such two consecutive fiscal quarters (the last day of such the second fiscal quarter being referred to as the a "TRIGGER DATEDeficiency Date") is less than $150.0 million (the "MINIMUM NET WORTH")18 million, then the Company shall, in each such event, no later than 50 days after each Deficiency Date (100 days if such Deficiency Date is also the end of the Company's fiscal year), mail to the Trustee and each Holder at such Holder's last address as it appears on the Debenture Register a notice (the "Deficiency Notice") of the occurrence of such deficiency, which shall make include an offer to all Holders by the Company (a "NET WORTH OFFERthe"Deficiency Offer") to acquire on a PRO RATA basis on the date (the "NET WORTH REPURCHASE DATE") that is 45 days following the date of the Net Worth Notice (as defined below), Securities in an aggregate principal amount equal repurchase up to 10% of the initial aggregate amount of the Securities issued under this Indenture (or if less than 10% of the initial aggregate principal amount of the Securities Debentures originally issued is then outstanding, all the Securities (or such lesser amount as may be outstanding at the timetime of the Deficiency Notice) (the "NET WORTH OFFER AMOUNTDeficiency Repurchase Amount") at a purchase repurchase price of equal to 100% of the principal amount thereof, of the Debentures repurchased plus accrued interest and Additional Interestbut unpaid interest, if any, to the Net Worth Repurchase Date (the "NET WORTH PRICE")date of purchase as described below. The Company may credit against a Net Worth Offer Amount the principal amount of Securities acquired by the Company prior to the relevant Trigger Date through purchase, optional redemption or exchange. No credit shall be made for any mandatory repurchase, including, without limitation, repurchases pursuant to a Net Worth Offer, a Change of Control or a Net Proceeds Offer (as defined in Section 4.15). The Company, however, may not receive credit for a specific repurchased Security in more than one Net Worth Offer. In no event shall the Company's failure to maintain a Consolidated Net Worth in excess of the Minimum Net Worth at least $18 million as of the end of any fiscal quarter will not be counted toward towards the requirement to make making of more than one Net Worth Deficiency Offer. The Company shall notify the Trustee promptly after the occurrence of any of the events specified in this Section.

Maintenance of Consolidated Net Worth. The Company is required to furnish to the Trustee an Officers' Certificate within 55 days after the end of any fiscal quarter (a100 days after the end of any fiscal year) In notifying the event Trustee that the Company's Consolidated Net Worth has declined below $80.0 million (the "Minimum Required Net Worth") at the end of any fiscal quarter in which the Company's Consolidated Net Worth has so declined. If, on the last day of each of any two consecutive fiscal quarters (the last day of such the second fiscal quarter being referred to herein as a "Deficiency Date"), the "TRIGGER DATE") Company's Consolidated Net Worth is less than $150.0 million (the "MINIMUM NET WORTH")Minimum Required Net Worth, then the Company shall is required, no later than 65 days after each such Deficiency Date (110 days if such Deficiency Date is the last day of the Company's fiscal year), to make an offer to all Holders of Notes to purchase (a "NET WORTH OFFERPurchase Offer") to acquire on a PRO RATA basis on the date (the "NET WORTH REPURCHASE DATE") that is 45 days following the date of the Net Worth Notice (as defined below), Securities in an aggregate principal amount equal to 10% of the initial aggregate amount of the Securities issued under this Indenture (or if less than 10% of the initial aggregate principal amount of the Securities Notes theretofore issued is then outstanding, all the Securities outstanding at the time) under this First Supplemental Indenture (the "NET WORTH OFFER AMOUNTOffer Amount") at a purchase price of equal to 100% of the principal amount thereofof the Notes, plus accrued interest and Additional Interest, if any, to the Net Worth Repurchase Date date of purchase. The Purchase Offer is required to remain open for a period of 20 Business Days following its commencement, except to the extent otherwise permitted by applicable law (as extended, the "NET WORTH PRICEOffer Period") and the Company is required to purchase the Offer Amount of the Notes on a designated date no later than one Business Day after the termination of the Offer Period, or if less than the Offer Amount of Notes shall have been tendered, all Notes then tendered; provided, however, that the Company shall not be obligated to purchase any of such Notes unless Holders of Notes of at least 10% of the Offer Amount shall have tendered and not subsequently withdrawn their Notes for repurchase. If the aggregate principal amount of Notes tendered exceeds the Offer Amount, the Company is required to purchase the Notes tendered to it pro rata among the Notes tendered (with such adjustments as may be appropriate so that only Notes in denominations of $1,000 and integral multiples thereof shall be purchased). The Company may credit against a Net Worth Offer Amount the principal amount of Securities acquired by the Company prior to the relevant Trigger Date through purchase, optional redemption or exchange. No credit shall be made for any mandatory repurchase, including, without limitation, repurchases pursuant to a Net Worth Offer, a Change of Control or a Net Proceeds Offer (as defined comply with all applicable federal and state securities laws in Section 4.15). The Company, however, may not receive credit for a specific repurchased Security in more than one Net Worth connection with each Purchase Offer. In no event shall the failure of the Company's failure to maintain a Consolidated Net Worth in excess of to equal or exceed the Minimum Required Net Worth at the end of any the fiscal quarter be counted toward the requirement to make making of more than one Net Worth Purchase Offer. The Company shall notify may reduce the Trustee promptly after principal amount of Notes to be purchased pursuant to the occurrence of any Purchase Offer by subtracting 100% of the events specified in principal amount (excluding premium) of Notes acquired by the Company subsequent to the Deficiency Date through purchase (otherwise than pursuant to this SectionSection 5.09 or Section 5.04 or Section 5.10 hereof), optional redemption or exchange and surrender for cancellation.

Maintenance of Consolidated Net Worth. (a) In the event that the Company's Consolidated Net Worth at the end of each of any two consecutive fiscal quarters (the last day of such second fiscal quarter being referred to as the "TRIGGER DATETrigger Date") is less than $150.0 million 75,000,000 (the "MINIMUM NET WORTHMinimum Net Worth"), then the Company shall make an offer to all Holders (a "NET WORTH OFFERNet Worth Offer") to acquire on a PRO RATA basis on the date (the "NET WORTH REPURCHASE DATENet Worth Repurchase Date") that is 45 days following the date of the Net Worth Notice (as defined below), Securities in an aggregate principal amount equal to 10% of the initial aggregate amount of the Securities issued under this the Indenture (or if less than 10% of the initial aggregate principal amount of the Securities issued is are then outstanding, all the Securities outstanding at the time) (the "NET WORTH OFFER AMOUNTNet Worth Offer Amount") at a purchase price of 100% of the principal amount thereof, plus accrued interest and Additional Interest, if any, to the Net Worth Repurchase Date (the "NET WORTH PRICENet Worth Price"). The Company may credit against a the Net Worth Offer Amount the principal amount of Securities acquired by the Company prior to the relevant Trigger Date through purchase, optional redemption or exchange. No credit shall be made for any mandatory repurchase, including, including without limitation, repurchases pursuant to a Net Worth Offer, a Change of Control or a Net Proceeds Offer (as defined in Section 4.15). The Company, however, may not receive credit for a specific repurchased Security in more than one Net Worth Offer. In no event shall the Company's failure to maintain a Consolidated Net Worth for any fiscal quarter included in excess the calculation of the Minimum Net Worth at which results in the end making of any fiscal quarter a Net Worth Offer be counted toward the requirement determination of whether the Company is required to make more than one a subsequent Net Worth Offer. The Company shall notify the Trustee promptly after the occurrence of any of the events specified in this SectionSection 4.09 and shall notify the Trustee in writing if its Consolidated Net Worth is equal to or less than the Minimum Net Worth for any fiscal quarter.