Common use of Maintenance of Consolidated Net Worth Clause in Contracts

Maintenance of Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the amounts set forth below (hereinafter referred to as the "Minimum Consolidated Net Worth") the sum of: (a) (i) through December 31, 1999, $35,000,000; and (ii) at any time thereafter, $35,000,000; and (b) 50% of the Annual Net Income for the prior fiscal year; provided, however, that the amount determined under this clause (b) shall never be less than zero. To demonstrate compliance with the Minimum Consolidated Net Worth covenant set forth in this Section, Company shall furnish to the Obligee (i) within 45 days of the close of each calendar quarter a certificate of a Responsible Officer setting forth Minimum Consolidated Net Worth for such date calculated in accordance with this Section 7.1, and the calculation upon which it is based; and (ii) within 90 days of the close of each fiscal year, a certificate of a Responsible Officer setting forth Minimum Consolidated Net Worth as of the date calculated in accordance with this Section 7.1 and the calculation upon which it is based, reflecting in such annual certificate any addition to the Minimum Consolidated Net Worth that Company is required to maintain resulting from the Annual Net Income for the fiscal year then ended, but only as calculated under clause (ii) of this Section 7.1.

Appears in 1 contract

Samples: Secured Agreement (Atlantic Gulf Communities Corp)

AutoNDA by SimpleDocs

Maintenance of Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the amounts set forth below (hereinafter referred to as the "Minimum Consolidated Net Worth") the sum of: (a) (i) from the Effective Date through December 31, 19991996, $35,000,00026,500,000; and (ii) at any time thereafter, $35,000,00023,500,000; and (b) 50% of the Annual Net Income for the prior fiscal year; provided, however, that the amount determined under this clause (b) shall never be less than zero. To demonstrate compliance with the Minimum Consolidated Net Worth covenant set forth in this Section, Company shall furnish to the Obligee Banks (i) within 45 days of the close of each calendar quarter a certificate of a Responsible Officer setting forth Minimum Consolidated Net Worth for such date calculated in accordance with this Section 7.1, and the calculation upon which it is based; and (ii) within 90 days of the close of each fiscal year, a certificate of a Responsible Officer setting forth Minimum Consolidated Net Worth as of the such date calculated in accordance with this Section 7.1 and the calculation upon which it is based, reflecting in such annual certificate any addition to the Minimum Consolidated Net Worth that Company is required to maintain resulting from the Annual Net Income for the fiscal year then ended, but only as calculated under clause (iib) of this Section 7.1.

Appears in 1 contract

Samples: Revolving Loan Agreement (Atlantic Gulf Communities Corp)

Maintenance of Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the amounts set forth below (hereinafter referred to as the "Minimum Consolidated Net Worth") the sum of: (a) (i) from the Effective Date through December 31, 1999, $35,000,000; and (ii) at any time thereafter, $35,000,000; and (b) 50% of the Annual Net Income for the prior fiscal year; provided, however, that the amount determined under this clause (b) shall never be less than zero. To demonstrate compliance with the Minimum Consolidated Net Worth covenant set forth in this Section, Company shall furnish to the Obligee Lenders (i) within 45 days of the close of each calendar quarter a certificate of a Responsible Officer setting forth Minimum Consolidated Net Worth for such date calculated in accordance with this Section 7.1, and the calculation upon which it is based; and (ii) within 90 days of the close of each fiscal year, a certificate of a Responsible Officer setting forth Minimum Consolidated Net Worth as of the such date calculated in accordance with this Section 7.1 and the calculation upon which it is based, reflecting in such annual certificate any addition to the Minimum Consolidated Net Worth that Company is required to maintain resulting from the Annual Net Income for the fiscal year then ended, but only as calculated under clause (iib) of this Section 7.1.

Appears in 1 contract

Samples: Term Loan Agreement (Atlantic Gulf Communities Corp)

AutoNDA by SimpleDocs

Maintenance of Consolidated Net Worth. Permit Consolidated Net Worth at any time to be less than the amounts set forth below (hereinafter referred to as the "Minimum Consolidated Net Worth") the sum of: ): (a) (i) from the Effective Date through December 31, 1999, $35,000,000; 40,000,000 and (iib) at any time thereafter, the sum of (i) $35,000,00040,000,000; and (bii) 50% of the Annual Net Income for the prior fiscal year; provided, however, that the amount determined under this clause (b) shall never be less than zero. To demonstrate compliance with the Minimum Consolidated Net Worth covenant set forth in this Section, Company shall furnish to the Obligee Banks (i) within 45 days of the close of each calendar quarter a certificate of a Responsible Officer setting forth Minimum Consolidated Net Worth for such date calculated in accordance with this Section 7.1, and the calculation upon which it is based; and (ii) within 90 days of the close of each fiscal year, a certificate of a Responsible Officer setting forth Minimum Consolidated Net Worth as of the such date calculated in accordance with this Section 7.1 and the calculation upon which it is based, reflecting in such annual certificate any addition to the Minimum Consolidated Net Worth that Company is required to maintain resulting from the Annual Net Income for the fiscal year then ended, but only as calculated under clause (ii) of this Section 7.1.Section

Appears in 1 contract

Samples: Revolving Loan Agreement (Atlantic Gulf Communities Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.