Common use of Maintenance of Consolidated Net Worth Clause in Contracts

Maintenance of Consolidated Net Worth. Permit Consolidated Net Worth on the last day of any fiscal quarter to be less than the sum of (i) $150,000,000 plus (ii) the amount equal to 50% of the aggregate Consolidated Net Income of Borrower and its consolidated Subsidiaries since December 31, 1997; provided, however, that in the event that Borrower and its consolidated Subsidiaries have a consolidated net loss for any fiscal quarter, Consolidated Net Income for purposes only of clause (ii) of this Section 8.1(a) shall be deemed to be zero for such fiscal quarter plus (iii) 75% of the Net Offering Proceeds from the issuance of Capital Stock.

Appears in 2 contracts

Samples: Second Amendment and Restatement Agreement (BMC Industries Inc/Mn/), Credit Agreement (BMC Industries Inc/Mn/)

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Maintenance of Consolidated Net Worth. Permit Consolidated Net Worth on the last day of any fiscal quarter to be less than the sum of (i) $150,000,000 plus PLUS (ii) the amount equal to 50% of the aggregate Consolidated Net Income of Borrower and its consolidated Subsidiaries since December 31, 1997; providedPROVIDED, howeverHOWEVER, that in the event that Borrower and its consolidated Subsidiaries have a consolidated net loss for any fiscal quarter, Consolidated Net Income for purposes only of clause (ii) of this Section SECTION 8.1(a) shall be deemed to be zero for such fiscal quarter plus PLUS (iii) 75% of the Net Offering Proceeds from the issuance of Capital Stock.

Appears in 2 contracts

Samples: Credit Agreement (BMC Industries Inc/Mn/), Credit Agreement (BMC Industries Inc/Mn/)

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Maintenance of Consolidated Net Worth. Permit Consolidated Net Worth on the last day of any fiscal quarter to be less than the sum of (i) ($150,000,000 6,163,000) plus (ii) the amount equal to 50% of the aggregate Consolidated Net Income of Borrower and its consolidated Subsidiaries since December 31, 1997; provided, however, that in the event that Borrower and its consolidated Subsidiaries have a consolidated net loss for any fiscal quarter, Consolidated Net Income for purposes only of clause (ii) of this Section 8.1(a) shall be deemed to be zero for such fiscal quarter plus (iii) 75% the amount of any additional equity contributed after the Net Offering Proceeds date hereof including without limitation that resulting from the issuance of Capital Stockany initial public offering.

Appears in 1 contract

Samples: Credit Agreement (Compx International Inc)

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