Common use of Minimum Consolidated Tangible Net Worth Clause in Contracts

Minimum Consolidated Tangible Net Worth. The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (a) $1,566,239,512.00, plus (b) seventy-five percent (75%) of the Net Offering Proceeds of each Equity Offering after December 31, 2011.

Minimum Consolidated Tangible Net Worth. The Borrower will shall not at any time permit the Consolidated Tangible Net Worth to be less than the sum of (ai) $1,566,239,512.00, 671,852,800 plus (bii) seventy-five percent (75%) 80% of the Net Offering Proceeds of each all Equity Offering Issuances effected at any time after December March 31, 20112011 by the Borrower or any of its Subsidiaries to any Person other than the Borrower or any of its Subsidiaries.

Minimum Consolidated Tangible Net Worth. The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (ai) $1,566,239,512.001,000,000,000.00, plus (bii) seventy-five percent (75%) of the sum of any additional Net Offering Proceeds of each Equity Offering after December 31September 22, 20112015.

Minimum Consolidated Tangible Net Worth. The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (ai) $1,566,239,512.001,188,928.00, plus (bii) seventy-five percent (75%) of the sum of any additional Net Offering Proceeds of each Equity Offering after December 31, 2011the Closing Date.

Minimum Consolidated Tangible Net Worth. The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (ai) $1,566,239,512.00750,000,000.00, plus (bii) seventy-five percent (75%) of the sum of (A) any additional Net Offering Proceeds after the date of each Equity Offering after December 31this Agreement, 2011plus (B) the value of interests in the Borrower or interests in REIT issued upon the contribution of assets to the Borrower or its Subsidiaries.

Minimum Consolidated Tangible Net Worth. The Borrower will not at any time permit its Consolidated Tangible Net Worth to be less than the sum of (a) $1,566,239,512.00190,000,000, plus (b) seventy-five percent (75%) of the sum of (a) Net Offering Proceeds plus (b) the value of each Equity Offering after December 31, 2011units in the Borrower or shares in RPB issued upon the contribution of assets to Borrower or its Subsidiaries.

Minimum Consolidated Tangible Net Worth. The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (ai) $1,566,239,512.00310,504,331.00, plus (bii) seventy-five percent (7575.0%) of the sum of any additional Net Offering Proceeds after the date of each Equity Offering after December 31, 2011this Agreement.

Minimum Consolidated Tangible Net Worth. The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (ai) $1,566,239,512.001,000,000,000.00,1,200,000,000.00, plus (bii) seventy-five percent (75%) of the sum of (A) any additional Net Offering Proceeds after the date hereofFirst Amendment Date, plus (B) the value of each Equity Offering after December 31, 2011interests in the Borrower or interests in REIT issued upon the contribution of assets to the Borrower or its Subsidiaries.

Minimum Consolidated Tangible Net Worth. The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (ai) $1,566,239,512.00400,000,000.00, plus (bii) seventy-five eighty percent (7580%) of the sum of any additional Net Offering Proceeds after the date of each Equity Offering after December 31, 2011this Agreement.

Minimum Consolidated Tangible Net Worth. The Borrower will not at any time permit the Consolidated Tangible Net Worth to be less than the sum of (a) $1,566,239,512.00, plus 400,000,000 and (b) seventy-five percent (75%) an amount equal to 50% of the Net Offering Proceeds net proceeds generated by any and all issues of each Equity Offering after December equity by the Borrower since March 31, 20112003.

Minimum Consolidated Tangible Net Worth. The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (a) $1,566,239,512.00360,519,000.00, plus (b) seventy-five percent (75%) of the sum of any additional Net Offering Proceeds after the date of each Equity Offering after December 31, 2011this Agreement.

Minimum Consolidated Tangible Net Worth. The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (ai) $1,566,239,512.0058,000,000.00, plus (bii) seventyeighty-five percent (7585.0%) of the sum of any additional Net Offering Proceeds of each Equity Offering after December 31January 29, 20112016.

Minimum Consolidated Tangible Net Worth. The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (ai) $1,566,239,512.001,582,434,400.00, plus (bii) seventy-five eighty percent (7580%) of the sum of any additional Net Offering Proceeds after the date of each Equity Offering after December 31, 2011this Agreement.

Minimum Consolidated Tangible Net Worth. The Borrower will not at any time permit Borrower’s Consolidated Tangible Net Worth to be less than the sum of (ai) $1,566,239,512.001,300,000,000.00, plus (bii) seventy-five eighty percent (7580%) of the sum of (A) any Net Offering Proceeds after March 21, 2012, plus (B) the value of each Equity Offering interests in Borrower or interests in REIT issued upon the contribution of assets to Borrower or its Subsidiaries after December 31March 21, 20112012 (with such value determined at the time of contribution).

Minimum Consolidated Tangible Net Worth. The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (ai) $1,566,239,512.001,926,791,000, plus (bii) seventy-five eighty percent (7580%) of the sum of any additional Net Offering Proceeds after the date of each Equity Offering after December 31, 2011this Agreement.

Minimum Consolidated Tangible Net Worth. The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (ai) $1,566,239,512.00945,698,000.00, plus (bii) seventy-five eighty percent (7580%) of the sum of any additional Net Offering Proceeds of each Equity Offering after December March 31, 20112013.

Minimum Consolidated Tangible Net Worth. The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (ai) $1,566,239,512.001,000,000,000.00, plus (bii) seventy-five percent (75%) of the sum of (A) any additional Net Offering Proceeds after the date hereof, plus (B) the value of each Equity Offering after December 31, 2011interests in the Borrower or interests in REIT issued upon the contribution of assets to the Borrower or its Subsidiaries.

Minimum Consolidated Tangible Net Worth. The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (ai) $1,566,239,512.00150,000,000.00, plus (bii) seventy-five eighty percent (7580%) of the sum of (A) any additional Net Offering Proceeds after the date hereof, plus (B) the value of each Equity Offering after December 31, 2011interests in the Borrower or interests in REIT issued upon the contribution of assets to the Borrower or its Subsidiaries.

Minimum Consolidated Tangible Net Worth. The Borrower will not at any time permit its Consolidated Tangible Net Worth to be less than the sum of $215,000,000, plus eighty percent (80%) of the sum of (a) $1,566,239,512.00, Net Offering Proceeds plus (b) seventy-five percent the value of units in the Borrower or shares in Parent issued upon the contribution of assets to Borrower or its Subsidiaries plus (75%c) the amount of the Net Offering Proceeds any Trust Preferred Equity issued plus (d) proceeds from any convertible debt of each Equity Offering after December 31, 2011Borrower or any Guarantor.

Minimum Consolidated Tangible Net Worth. The Borrower will not at any time permit its Consolidated Tangible Net Worth to be less than the sum of $320,000,000, plus eighty percent (80%) of the sum of (a) $1,566,239,512.00, Net Offering Proceeds plus (b) seventy-five percent the value of units in the Borrower or shares in Parent issued upon the contribution of assets to Borrower or its Subsidiaries plus (75%c) the amount of the Net Offering Proceeds any Trust Preferred Equity issued plus (d) proceeds from any convertible debt of each Equity Offering after December 31, 2011Borrower or any Guarantor.

Minimum Consolidated Tangible Net Worth. The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (ai) $1,566,239,512.00480,328,188.00, plus (bii) seventy-five eighty percent (7580%) of the sum of any additional Net Offering Proceeds after the date of each Equity Offering after December 31, 2011this Agreement.” (s) By inserting the following as §9.7 of the Credit Agreement:

Minimum Consolidated Tangible Net Worth. The Borrower will not at any time permit its Consolidated Tangible Net Worth to be less than the sum of (a) $1,566,239,512.0085,000,000, plus (b) seventy-five percent (75%) of the sum of (a) Net Offering Proceeds plus (b) the value of each units in the Borrower or shares in Parent issued upon the contribution of assets to Borrower or its Subsidiaries plus (c) the amount of any Trust Preferred Equity Offering after December 31, 2011issued plus (d) proceeds from any convertible debt of Borrower or any Guarantor.

Minimum Consolidated Tangible Net Worth. The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (ai) $1,566,239,512.00539,039,465.00, plus (bii) seventy-five eighty percent (7580%) of the sum of any additional Net Offering Proceeds after the date of each Equity Offering after December 31, 2011this Agreement.

Minimum Consolidated Tangible Net Worth. The Borrower will shall not at any time permit the Consolidated Tangible Net Worth to be less than the sum of (ai) $1,566,239,512.00, 673,375,200 plus (bii) seventy-five percent (75%) 80% of the Net Offering Proceeds of each all Equity Offering Issuances effected at any time after December March 31, 20112012 by the Borrower or any of its Subsidiaries to any Person other than the Borrower or any of its Subsidiaries.

Minimum Consolidated Tangible Net Worth. The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (a) $1,566,239,512.001,517,500,000.00, plus (b) seventy-five percent (75%) of the Net Offering Proceeds of each Equity Offering after December 31September 30, 2011.

Minimum Consolidated Tangible Net Worth. The Borrower will not at any time permit Consolidated Tangible Net Worth to be less than the sum of (ai) $1,566,239,512.0064,769,654, plus (bii) seventy-five eighty percent (7580%) of the Net Offering Proceeds aggregate proceeds received by the Consolidated Group (net of each Equity Offering reasonable related fees and expenses and net of any 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 December 31, 2011the date of this Agreement.

Minimum Consolidated Tangible Net Worth. The Borrower will shall not at any time permit its Consolidated Tangible Net Worth at any time to be less than the sum of (a) $1,566,239,512.0070,000,000, plus (b) seventy-five fifty percent (7550%) of Net Income (if positive) calculated separately for each fiscal quarter ending after November 30, 1997, plus (c) one hundred percent (100%) of the Net Offering Proceeds net cash proceeds resulting from the issuance by the Borrower of each Equity Offering after December 31, 2011any Capital Stock.