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. 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. 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 an Indemnified Party hereunder to the extent that the aggregate Losses claimed (including any Losses previously recovered) by all Indemnified Parties exceeds the Cash Purchase Price, except that this Section 2.9 will not apply to or limit any Indemnified Party's right to indemnification arising under clause (ii) of Section 2.7, the breach of any representation or warrant in Section 4.18, or any other provision hereof relating to Environmental Laws.
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. Not 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. No claim for indemnification of losses or other amounts (whether in an action for indemnification or otherwise) may be made by an indemnified party under Section 8(a)(i) or Section 8(b)(i) above, as the case may be, to the extent the aggregate losses and other amounts claimed thereunder (including any losses or other amounts previously recovered thereunder) against the indemnifying party exceed $125,000 (the “Cap”); provided, however, that any claims against Parent or Seller arising from or relating to a breach of Section 5(e)(i) (Title to Assets) or Section 5(n) (Brokers), or against Purchaser arising from or relating to a breach of Section 6(e) (Brokers), or arising from or relating to the other provisions of Section 8(a) or Section 8(b), as the case may be, shall not be subject to or credited against the foregoing Cap and shall be fully recoverable to the maximum extent permitted by law or in equity.
Maximum Losses. The Consolidated Net Income of Borrower and its Subsidiaries, on a consolidated basis, as of the last day of each period set forth below shall not be less than the amount set forth below opposite such period: January 1, 2010 to January 31, 2010 ($700,000) February 1, 2010 to February 28, 2010 ($700,000) March 1, 2010 to March 31, 2010 ($700,000) January 1, 2010 to March 31, 2010 ($1,799,000) April 1, 2010 to April 1, 2010 ($500,000) May 1, 2010 to May 31, 2010 ($500,000) June 1, 2010 to June 30, 2010 ($500,000) January 1, 2010 to June 30, 2010 ($2,875,000) July 1, 2010 to July 31, 2010 ($550,000) August 1, 2010 to August 31, 2010 ($550,000) September 1, 2010 to September 30, 2010 ($550,000) January 1, 2010 to September 30, 2010 ($4,224,000) October 1, 2010 to October 31, 2010 ($250,000) November 1, 2010 to November 30, 2010 ($250,000) December 1, 2010 to December 31, 2010 ($250,000) January 1, 2010 to December 31, 2010 ($4,215,000)”
Maximum Losses. Not suffer any EBITDA loss in excess of $3,000,000.00 on a cumulative basis for all quarterly or monthly periods, as applicable, in calendar year 2009, and beginning in 2010, this covenant shall be calculated based on a rolling twelve-month period.”
2.3 Section 10 (Notices). Borrower’s address in Section 10 is amended as follows: “OTIX Global, Inc. 0000 X. Xxxxxxxxx Xxxx, Xxxxx 000 Xxxx Xxxx Xxxx, XX 00000 Attn: VP and CFO Fax: 000.000.0000”
2.4 Section 13 (Definitions). The following term and its definition set forth in Section 13.1 are amended by deleting the existing definition and replacing it with the following:
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.
