Common use of Minimum Consolidated Tangible Net Worth Clause in Contracts

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 plus (ii) seventy-five percent (75%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the Borrower will shall not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 500,000,000 plus (ii) seventyeighty-five percent (7585%) of the sum Net Proceeds of any additional Net Offering Proceeds Equity Issuance received after the date of this AgreementAgreement Execution Date.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 310,504,331.00, plus (ii) seventy-five percent (7575.0%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 800,000,000.00 plus (ii) seventy-five percent (75%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 37,500,000.00, plus (ii) seventy-five percent (75%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will shall not at any time permit Consolidated Tangible Net Worth at any time to be less than the sum of (i) $788,000,000.00 754,441,200; plus (ii) seventy-five percent (75%) 85% of the sum of any additional Net Offering Proceeds received after the date of this AgreementApril 4, 2003.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the Borrower will shall not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 600,000,000 plus (ii) seventyeighty-five percent (7585%) of the sum Net Proceeds of any additional Net Offering Proceeds Equity Issuance received after the date of this AgreementAgreement Execution Date.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 1,188,928.00, plus (ii) seventy-five percent (75%) of the sum of any additional Net Offering Proceeds after the date of this AgreementClosing Date.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (ia) $788,000,000.00 3,425,000,000.00, plus (iib) seventy-five percent (75%) of the sum of any additional Net Offering Proceeds of each Equity Offering after the date of this Agreement.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 1,000,000,000.00, plus (ii) seventy-five percent (75%) of the sum of any additional Net Offering Proceeds after the date of this AgreementSeptember 22, 2015.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 225,000,000.00, plus (ii) seventy-five percent (75%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.”

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 230,978,126.00, plus (ii) seventy-five percent (7575.0%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 55,000,000.00, plus (ii) seventy-five eighty percent (7580%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 70,000,000.00, plus (ii) seventy-five percent (75%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will shall not at any time permit Consolidated Tangible Net Worth at any time to be less than the sum of (i) $788,000,000.00 868,335,350; plus (ii) seventy-five percent (75%) 85% of the sum of any additional Net Offering Proceeds received after the date of this AgreementSeptember 30, 2005.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 104,579,000, plus (ii) seventy-five eighty percent (7580%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the MergerFrom and after January 1, 2017, the Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 1, 411,565,000.00, plus (ii) seventy-five eighty percent (7580%) of the sum of any additional Net Offering Proceeds after the date of this AgreementOctober 1, 2016.”

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 300,000,000.00 plus (ii) seventy-five percent (75%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 480,328,188.00, plus (ii) seventy-five eighty percent (7580%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.”

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 58,000,000.00, plus (ii) seventyeighty-five percent (7585.0%) of the sum of any additional Net Offering Proceeds after the date of this AgreementJanuary 29, 2016.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (ia) $788,000,000.00 183,279,000.00, plus (iib) seventy-five percent (75%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will shall not at any time permit Consolidated Tangible Net Worth at any time to be less than the sum of (i) $788,000,000.00 754,441,200; plus (ii) seventy-five percent (75%) 85% of the sum of any additional Net Offering Proceeds received after the date of this AgreementAmendment Closing Date.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 the Tangible Net Worth Base Amount, plus (ii) seventy-five percent (75%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 64,769,654, plus (ii) seventy-five eighty percent (7580%) of the sum aggregate proceeds received by the Consolidated Group (net of reasonable related fees and expenses and net of any additional Net Offering Proceeds redemption of shares, units or other ownership interest in the Consolidated Group during such period) in connection with any offering of stock or other equity after the date of this Agreement.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (ia) $788,000,000.00 275,000,000.00, plus (iib) seventy-five percent (75%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 400,000,000.00, plus (ii) seventy-five eighty percent (7580%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 900,000,000.00, plus (ii) seventy-five percent (75%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.”

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the MergerBeginning on January 31, 2015 and continuing thereafter, the Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 20,000,000.00, plus (ii) seventy-five percent (75%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (ia) $788,000,000.00 1,750,000,000.00, plus (iib) seventy-five percent (75%) of the sum of any additional Net Offering Proceeds of each Equity Offering after the date of this Agreement, plus (c) upon consummation of the Colonial Merger Transactions, $1,675,000,000.00.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 58,000,000.00, plus (ii) seventyeighty-five percent (7585.0%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 25,000,000, plus (ii) seventy-five eighty percent (7580%) of the sum of any additional Net Offering Proceeds after the date Closing Date, provided that in no event shall the Consolidated Tangible Net Worth be required to exceed an amount equal to the product of this Agreement(x) the Total Commitment (without regard to any termination thereof except pursuant to §2.4) multiplied by (y) 2.5.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 208,629,727.00, plus (ii) seventyeighty-five percent (7585%) of the sum of any additional Net Offering Proceeds after the date of this AgreementClosing Date.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 $ , plus (ii) seventy-five percent (7575.0%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 1,000,000,000.00, plus (ii) seventy-five percent (75%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (ia) $788,000,000.00 360,519,000.00, plus (iib) seventy-five percent (75%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (ia) $788,000,000.00 373,611,000.00, plus (iib) seventy-five percent (75%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.. 116

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 1,242,124,000.00, plus (ii) seventy-five eighty percent (7580%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 600,000,000.00,1,000,000,000.00, plus (ii) seventy-five percent (75%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.September 22, 2015.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 750,000,000.00, plus (ii) seventy-five percent (75%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 539,039,465.00, plus (ii) seventy-five eighty percent (7580%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 1,926,791,000, plus (ii) seventy-five eighty percent (7580%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.. 100

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 600,000,000.00, plus (ii) seventy-five percent (75%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the Borrower will shall not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 334,938,331 plus (ii) seventyeighty-five percent (7585%) of the sum Net Proceeds of any additional Net Offering Proceeds Equity Issuance received after the date of this AgreementAgreement Execution Date.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 1,582,434,400.00, plus (ii) seventy-five eighty percent (7580%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth at any time to be less than the sum greater of (i) $788,000,000.00 plus 250,000,000 or (ii) seventy-five percent (75%) 80% of Consolidated Tangible Net Worth as at the end of the sum most recently completed fiscal year of any additional Net Offering Proceeds after the date of this AgreementBorrower.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 1,163,000,000.00, plus (ii) seventy-five eighty percent (7580%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 945,698,000.00, plus (ii) seventy-five eighty percent (7580%) of the sum of any additional Net Offering Proceeds after the date of this AgreementMarch 31, 2013.

Minimum Consolidated Tangible Net Worth. (a) Prior to consummation of the Merger, the The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (i) $788,000,000.00 900,000,000.00, plus (ii) seventy-five percent (75%) of the sum of any additional Net Offering Proceeds after the date of this Agreement.