Minimum Consolidated Revenue. The Borrower will not permit Consolidated Revenue for any period of four consecutive fiscal quarters ending during any period set forth below, to be less than the amount set forth opposite such period: Period Minimum ------ ------- January 1, 2002 to $1,300,000,000 June 30, 2002 July 1, 2002 to $1,200,000,000 September 30, 2002 October 1, 2002 to $1,100,000,000 December 31, 2002 January 1, 2003 to $900,000,000 December 31, 2003 January 1, 2004 to $1,000,000,000 December 31, 2004 January 1, 2005 and thereafter no minimum
Minimum Consolidated Revenue. Permit Consolidated Revenue, measured on a trailing twelve month basis, as of the last day of each quarterly period set forth below to be less than the amount set forth below opposite such quarterly period: March 31, 2019 $ 200,000,000 June 30, 2019 $ 213,500,000 September 30, 2019 $ 221,250,000 December 31, 2019 $ 231,500,000 March 31, 2020 $ 235,000,000 June 30, 2020 $ 253,000,000 September 30, 2020 $ 260,000,000 December 31, 2020 $ 262,000,000 March 31, 2021 $ 265,589,489 June 30, 2021 $ 269,601,318 September 30, 2021 $ 306,135,527 December 31, 2021 $ 338,298,137 The minimum Consolidated Revenue requirements for the quarterly periods ending March 31, 2022 and thereafter shall be determined no later than March 31 of each applicable fiscal year, by the Required Lenders, in their reasonable discretion following review of the board-approved Projection delivered pursuant to Section 6.2(c) hereof and consultation with Borrower; provided that such minimum Consolidated Revenue requirements shall in any event not be less than the greater of (i) the actual Consolidated Revenue reported by Borrower for the corresponding fiscal quarter from the prior fiscal year, and (ii) 105% of the Consolidated Revenue threshold for the corresponding fiscal quarter from the prior fiscal year.
Minimum Consolidated Revenue. Borrower shall not permit Consolidated Revenue, as of the last day of any Fiscal Quarter for the four Fiscal Quarter period then ended, beginning with the Fiscal Quarter ending September 30, 2024December 31, 2025, to be less than the required amount set forth in the following table for such date; provided that minimum: (x) for each such four Fiscal Quarter period ended on or prior to the Lines 3 and 4 Commencement Date, the “Minimum Consolidated Revenue” amount specified for such four Fiscal Quarter period on Appendix E-1 hereto and (y) for each such four Fiscal Quarter period ended thereafter, the “Minimum Consolidated Revenue” amount specified for such four Fiscal Quarter period on Appendix E-2 hereto; provided, that the “Minimum Consolidated Revenue” amount for the Fiscal Quarters ending September 30, 2024, December 31, 2024 and2025, March 31, 20252026, and June 30, 2026, shall be tested on the basis of the one Fiscal Quarter period then ended, the two Fiscal Quarter period then ended and the three Fiscal Quarter period then ended, respectively:. September 30, 2024 $5,000,000 December 31, 2024 $43,000,000 March 31, 2025 [*] June 30, 2025 [*] September 30, 2025 [*] December 31, 2025 [*] March 31, 2026 [*] June 30, 2026 [*] September 30, 2026 [*] December 31, 2026 [*] March 31, 2027 [*] June 30, 2027 [*] September 30, 2027 [*] December 31, 2027 [*] March 31, 2028 [*] June 30, 2028 [*] September 30, 2028 [*] December 31, 2028 [*] March 31, 2029 [*]
Minimum Consolidated Revenue. During Phase I, the Borrower will not permit Consolidated Revenue for any six-month period ending on the date set forth below to be less than the amount set forth opposite such six-month period below: Six-Month Period Ending On Amount -------------------------- ------ March 31, 2000 $9,410,000 June 30, 2000 $14,272,000 September 30, 2000 $20,831,000 December 31, 2000 $29,042,000 March 31, 2001 $41,707,000 -69- June 30, 2001 $56,060,000 September 30, 2001 $68,453,000 December 31, 2001 $80,846,000 March 31, 2002 $97,422,000 June 30, 2002 $114,227,000 September 30, 2002 $127,077,000 December 31, 2002 $139,926,000 March 31, 2003 $162,474,000 June 30, 2003 $184,544,000
Minimum Consolidated Revenue. The Borrower shall not permit its Consolidated Revenue for any Fiscal Quarter to be less than $10,000,000.”
(l) Article VI of the Loan Agreement is hereby further amended to add at the end thereof a paragraph as follows: “Anything herein to the contrary notwithstanding, so long as no Default or Event of Default has occurred and is continuing, or will occur as a result thereof, the Borrower may, and may permit any Subsidiary to, directly or indirectly (i) make any prepayment on or purchase, redeem or defease any or all of the 8.00% Debentures, whether in open market or privately negotiated transactions, by public tender offer or otherwise, (ii) deposit in escrow or otherwise set aside cash and Cash Equivalents for the repayment of any or all of the 8.00% Debentures at their stated maturity date or at some earlier date, or (iii) issue Common Stock, or a combination of cash, Cash Equivalents and Common Stock, to the holders of the 8.00% Debentures in exchange for such debentures.”
(m) Section 7.1(l) of the Loan Agreement is hereby amended by replacing the Section in its entirety with the following:
Minimum Consolidated Revenue. Pursuant to Section 9.13(f) of the Credit Agreement, during the continuance of a Consolidated Revenue Testing Period, the Credit Parties will not permit Consolidated Revenue, as of the last day of each fiscal quarter, to be less than the amount set forth below opposite such fiscal quarter: March 31, 2019 $[***] June 30, 2019 $[***] September 31, 2019 $[***] December 31, 2019 $[***] [Borrower to complete if applicable] [Borrower to complete if applicable]
(i) An updated Schedule 7.15 and Schedule 7.25 of the Credit Agreement (if applicable); and
(ii) A written supplement substantially in the form of Schedules 1-5, as applicable, to the Security Agreement with respect to any additional assets and property acquired by any Credit Party after the Closing Date on the previous Computation Date (as the case may be), all in reasonable detail. AND THE ACTION TAKEN OR TO BE TAKEN WITH RESPECT THERETO]12 12 This attachment is to be used if a Default or Event of Default is occurring or continuing during the time that the Compliance Certificate is completed. [$ ] [ ], 20[_] FOR VALUE RECEIVED, the undersigned (the “Borrower”), hereby unconditionally promises to pay to [ ], a [ ] [ ], or its registered assigns (the “Holder”), in lawful money of the United States and in immediately available funds, the principal amount of (a) [ ] DOLLARS ($[ ]), or, if less, (b) the unpaid principal amount of the Loan of the Holder outstanding under the Credit Agreement referred to below. The principal amount of this Note (as amended, restated, supplemented or otherwise modified, this “Note”) shall be paid in the amounts and on the dates specified in the Credit Agreement to the account designated by the Administrative Agent. The Borrower further agrees to pay interest in like money to the account designated by the Administrative Agent on the unpaid principal amount hereof from time to time outstanding at the rates and on the dates specified in the Credit Agreement. Unless otherwise defined herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement. The Holder is authorized to endorse on the schedules annexed hereto and made a part hereof or on a continuation thereof which shall be attached hereto and made a part hereof the date, and amount of the Loan and the date and amount of each payment or prepayment of principal with respect thereto. Each such endorsement shall constitute prima facie evidence, absent manifest error, of ...
Minimum Consolidated Revenue. Maintain Borrowers’ net consolidated revenue on a quarterly basis, and calculated as net consolidated revenues have been historically calculated by the Borrowers, in an amount not less than the amount set forth below for such period: March 31, 2009 $ 19,231,625 June 30, 2009 $ 23,137,580 September 29, 2009 $ 22,516,093 December 29, 2009 $ 22,840,619 March 30, 2010 $ 19,231,625 June 29, 2010 $ 23,137,580 September 28, 2010 $ 22,516,093 December 28, 2010 $ 22,840,619
Minimum Consolidated Revenue. During Phase I, the Borrower will not permit Consolidated Revenue for any six-month period ending on a date set forth below to be less than the amount set forth opposite such six-month period below:
Minimum Consolidated Revenue. Permit Consolidated Revenue of the Parent and its Subsidiaries as of the last day for any period of four consecutive fiscal quarters ending on any date set forth below to be less than the minimum Consolidated Revenue amount set forth below opposite such date:
Minimum Consolidated Revenue. At the end of each Fiscal Quarter of the Borrower Group, no Borrower shall permit the Consolidated Revenue for the immediately preceding four Fiscal Quarters ending on any date set forth below to be less than the amount set forth below opposite such date: ================================================== Date Minimum Consolidated Revenue (in Dollars) -------------------------------------------------- September 30, 2002 27,095,700 -------------------------------------------------- December 31, 2002 24,818,600 -------------------------------------------------- March 31, 2003 23,211,600 -------------------------------------------------- June 30, 2003 22,695,200 -------------------------------------------------- September 30, 2003 24,538,700 -------------------------------------------------- December 31, 2003 27,011,000 -------------------------------------------------- March 31, 2004 29,708,600 -------------------------------------------------- June 30, 2004 32,527,400 -------------------------------------------------- September 30, 2004 35,134,100 -------------------------------------------------- -------------------------------------------------- December 31, 2004 37,689,200 -------------------------------------------------- March 31, 2005 40,347,200 -------------------------------------------------- June 30, 2005 42,809,100 -------------------------------------------------- September 30, 2005 45,023,700 -------------------------------------------------- December 31, 2005 46,969,700 -------------------------------------------------- March 31, 2006 48,605,500 -------------------------------------------------- June 30, 2006 50,162,100 -------------------------------------------------- September 30, 2006 51,558,800 -------------------------------------------------- December 31, 2006 52,777,800 --------------------------------------------------
