Maximum Losses. Beginning April 1, 2007, not suffer any EBITDA loss in excess of $1,000,000.00 on a cumulative basis for all quarterly or monthly periods, as applicable, in calendar year 2007, and beginning in 2008, this covenant shall be calculated based on a rolling twelve-month period.
Maximum Losses. Section 7 of the Loan Agreement is hereby amended by inserting the following Section 7.4 at the end of such Section:
Maximum Losses. AEI and its consolidated Subsidiaries shall not incur, or permit to be incurred, losses taken as a whole, in respect of any fiscal quarter, at any time to exceed the maximum amounts indicated below in respect of the corresponding periods noted below: Maximum Losses Fiscal Quarter Ending -------------- --------------------- $24,000,000.00 November 30, 1996 $20,000,000.00 February 28, 1997 $ 2,000,000.00 May 31, 1997 None August 31, 1997 and each of Borrowers' fiscal quarters thereafter"
Maximum Losses. Incur a consolidated net loss (calculated exclusive of extraordinary gains but inclusive of extraordinary losses as calculated in accordance with GAAP) for any fiscal quarter or any fiscal year.
Maximum Losses. Not suffer any net loss plus non-cash expenses (except for depreciation and amortization) as indicated in Borrower’s financial statements prepared in accordance with GAAP in excess of (i) $11,500,000 for the quarter ending December 31, 2005, (ii) $10,500,000 for the quarter ending Xxxxx 00, 0000, (xxx) $8,500,000 for the quarter ending June 30, 2006, (iv) $7,000,000 for the quarter ending September 30, 2006 and (v) $5,000,000 for each quarter ending thereafter.
Maximum Losses. No claim for indemnification of Losses (whether in an action for indemnification or otherwise) may be made by either party hereunder to the extent the aggregate Losses claimed (including any Losses previously recovered, but excluding Losses under Section 8.2.2(b) or Losses arising as a result of a breach of Sections 5.12, 5.13 or 5.14) by such party exceeds fifty percent (50%) of the Purchase Price.
Maximum Losses. Borrower shall not show a loss (measured on a consolidated basis in accordance with GAAP) in excess of the following amounts for any of the corresponding quarters: ---------------------------------- ------------------------- QUARTER ENDING MAXIMUM LOSS ---------------------------------- ------------------------- March 31, 2003 ($1,250,000) June 30, 2003 ($750,000) September 30, 2003 ($250,000) ---------------------------------- ------------------------- Borrower shall show a profit of at least One Dollar ($1.00) for the quarter ending December 31, 2003 and for each quarter thereafter.
Maximum Losses. Commencing June 30, 2001, Borrower will have net losses no more than 20% greater than the projected amounts in the “street” projections approved by Borrower’s board of directors.
Maximum Losses. As of the last day of each applicable fiscal quarter, on a consolidated basis, Borrower shall not suffer any loss in excess of: (i) $17,500,000 for the fiscal quarter ended March 31, 2008; (ii) $7,500,000 for the fiscal quarter ended June 30, 2008; and (iii) $2,500,000 for the fiscal quarter ended September 30, 2008.
Maximum Losses. Borrower may suffer losses not to exceed the following: $3,500,000 for quarter ending December 31, 2002, and $3,700,000 for quarter ending March 31, 2003. Commencing June 30, 2003, Borrower will have net losses no more than 20% greater than the projected amount in the “street” projections approved by Borrower’s board of directors. If Borrower projects profitability for any given quarter ended June 30, 2003 or beyond, net income will be at least 80% of the projected amount in the “street” projections approved by Borrower’s board of directors.
