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.

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.

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) $150,000,000 500,000,000 PLUS (ii) the amount equal to 5033% of the aggregate Consolidated Net Income of Borrower and its consolidated Subsidiaries since December 31, 19972001; PROVIDED, HOWEVER, that in the event that the Borrower and its consolidated Subsidiaries have a consolidated net loss Consolidated Net Loss for any fiscal quarter, Consolidated Net Income for purposes only of clause (ii) of this SECTION 8.1(a6.1(a)(ii) shall be deemed to be zero for such fiscal quarter PLUS (iii) 75% of the Net Offering Proceeds from the issuance of Capital Stockquarter.