Common use of Maintenance of Profitability Clause in Contracts

Maintenance of Profitability. The Borrower shall not permit, for any period of three consecutive fiscal quarters (each such period, a "Test Period"), Net Income for such Test Period, before income taxes for such Test Period and distributions made during such Test Period, to be less than $1.00.

Appears in 4 contracts

Samples: Master Loan and Security Agreement (Doral Financial Corp), Master Loan and Security Agreement (Chastain Capital Corp), Loan and Security Agreement (Resource America Inc)

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Maintenance of Profitability. The Borrower shall not permit, for any period of three two consecutive fiscal quarters (each such period, a "Test Period"), commencing with the two consecutive fiscal quarters ending September 30, 2001, Net Income for such Test Period, before income taxes for such Test Period and distributions made during such Test Period, to be less than $1.00."

Appears in 1 contract

Samples: Master Loan and Security Agreement (Aames Financial Corp/De)

Maintenance of Profitability. The Borrower shall not permit, for any period of three consecutive fiscal quarters (each such period, a "Test Period"), Net Income for such Test Period, Period before income taxes for such Test Period Period, and distributions made during such Test Period, to be less than $1.00. -------- * This information has been omitted and filed separately with the Securities and Exchange Commission and is subject to a confidential treatment request with respect thereto.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Southern Pacific Funding Corp)

Maintenance of Profitability. The No Borrower shall not permit, for any period of three consecutive fiscal quarters (each such period, a "Test Period"), Net Income for such Test Period, before after income taxes for such Test Period and distributions made during such Test Period, to be less than $1.00.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Advanta Corp)

Maintenance of Profitability. The Borrower shall not permit, for any period of three consecutive fiscal quarters (each such period, a "Test Period"), Net Income for such Test Period, Period before income taxes for such Test Period Period, and distributions made during such Test Period, to be less than $1.00.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Southern Pacific Funding Corp)

Maintenance of Profitability. The Borrower shall not permit, for any period of three consecutive fiscal quarters from and after the third anniversary of the Effective Date (each such period, a "β€œTest Period"”), Net Income for such Test Period, before income taxes for such Test Period and distributions Distributions made during such Test Period, to be less than $1.00.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Newtek Business Services Inc)

Maintenance of Profitability. The Borrower shall not permit, for any period of three two consecutive fiscal quarters (each such period, a "Test Period"), Net Income for such Test Period, before income taxes for such Test Period and distributions made during such Test Period, to be less than $1.00.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Allied Capital Corp)

Maintenance of Profitability. The Borrower Borrowers shall not permit, for any period of three consecutive fiscal quarters (each such period, a "Test Period"), Net Income for such Test Period, before income taxes for such Test Period and distributions made during such Test Period, to be less than $1.00.,

Appears in 1 contract

Samples: Loan and Security Agreement (Allied Capital Corp)

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Maintenance of Profitability. The Borrower shall not permit, for any period of three two consecutive fiscal quarters (each such period, a "Test Period"), Net Income for each fiscal quarter of such Test Period (it being understood that Net Income for each quarter shall be calculated on a quarterly basis rather than over any entire Test Period), before income taxes for such Test Period and distributions made during such Test Period, to be less than $1.00.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Long Beach Financial Corp)

Maintenance of Profitability. The Borrower Borrowers shall not permit, for any period of three two consecutive fiscal quarters (each such period, a "Test Period"), Net Income for such Test Period, before income taxes for such Test Period and distributions made during such Test Period, to be less than $1.00.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Allied Capital Corp)

Maintenance of Profitability. The Borrower shall not permit, ---------------------------- for any period of three consecutive fiscal quarters (each such period, a "Test ---- Period"), Net Income for such Test Period, before income taxes for such Test ------ Period and distributions made during such Test Period, to be less than $1.00.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Franchise Mortgage Acceptance Co)

Maintenance of Profitability. The Borrower Borrowers shall not permit, ---------------------------- for any period of three consecutive fiscal quarters (each such period, a "Test ---- Period"), Net Income for such Test Period, before income taxes for such Test ------ Period and distributions made during such Test Period, to be less than $1.00.

Appears in 1 contract

Samples: Master Loan and Security Agreement (New Century Financial Corp)

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