Common use of Minimum Net Income Clause in Contracts

Minimum Net Income. Pursuant to Section 6.12 of the Credit Agreement, as of the Reporting Date the Borrower’s Net Income was $____________ which satisfies does not satisfy the requirement that such amount be not less than $_____________ on the Reporting Date as set forth in table below: Period Minimum Net Income Twelve months ending Dec. 31, 2001 ($6,254,000) Three months ending March 31, 2002 ($866,000) Six months ending June 30, 2002 ($1,251,000) Nine months ending Sept. 30, 2002 ($1,991,000) Twelve months ending Dec. 31, 2002 ($1,010,000)

Minimum Net Income. Pursuant to Section 6.12 of the Credit Agreement, as of the Reporting Date the Borrower’s Net Income was $____________ which o satisfies o does not satisfy the requirement that such amount be not less than $_____________ on the Reporting Date as set forth in table below: Period Minimum Net Income Twelve months ending Dec. 31, 2001 ($6,254,000) Three months ending March 31, 2002 2007 ($866,0001,840,000 ) Six months ending June 30, 2002 2007 ($1,251,000506,000 ) Nine months ending Sept. September 30, 2002 (2007 $1,991,000) 927,000 Twelve months ending Dec. December 31, 2002 (2007 $1,010,000)400,000

Minimum Net Income. Pursuant to Section 6.12 6.15 of the Credit Agreement, the Borrower's fiscal year-to-date Net Income as of the Reporting Date the Borrower’s Net Income was $____________ $ , which [ ] satisfies [ ] does not satisfy the requirement that such amount be not less than $_____________ on the Reporting Date $ during such period as set forth in table below: Period Date Minimum Fiscal Year-To-Date Net Income Twelve months ending Dec. 31---- -------------------------------------- 3/31/2000 $(950,000) 6/30/2000 $(2,000,000) 9/30/2000 $(2,500,000) 12/31/2000 $(1,000,000);provided, 2001 however, if the Borrower receives Gross Equity Proceeds of not less than $3,300,000 on or before May 19, 2000, $($6,254,000) Three months ending March 31, 2002 ($866,000) Six months ending June 30, 2002 ($1,251,000) Nine months ending Sept. 30, 2002 ($1,991,000) Twelve months ending Dec. 31, 2002 ($1,010,0002,000,000)

Minimum Net Income. Pursuant to Section 6.12 of the Credit Agreement, as of the Reporting Date the Borrower’s Net Income was $____________ which [ ] satisfies [ ] does not satisfy the requirement that such amount be not less than $_____________ on the Reporting Date as set forth in table below: Period Minimum Net Income Twelve months ending Dec. 31, 2001 ($6,254,000) Three months ending March 31, 2002 2003 ($866,000325,000 ) Six months ending June 30, 2002 2003 ($1,251,000215,000 ) Nine months ending Sept. 30, 2002 2003 ($1,991,000$ 40,000 ) Twelve months ending Dec. 31, 2002 ($1,010,000)2003 $ 250,000

Minimum Net Income. Pursuant to Section 6.12 of the Credit Agreement, as of the Reporting Date the Borrower’s 's Net Income was $____________ which satisfies does not satisfy the requirement that such amount be not less than $_____________ on the Reporting Date as set forth in table below: Period Minimum Net Income Twelve months ending Dec. 31, 2001 ($6,254,000) Three months ending March 31, 2002 2005 ($866,000300,000) Six months ending June 30, 2002 2005 ($1,251,000250,000) Nine months ending Sept. September 30, 2002 (2005 $1,991,000) 0 Twelve months ending Dec. December 31, 2002 (2005 $1,010,000)300,000

Minimum Net Income. Pursuant to Section 6.12 6.14 of the Credit Agreement, as of the Borrower's Net Income during the Accounting Period ending on the Reporting Date the Borrower’s Net Income was $____________ , which [ ] satisfies [ ] does not satisfy the requirement that such amount be not less than (a) $_____________ on the Reporting Date as set forth in table below: Period Minimum Net Income Twelve months ending Dec. 31, 2001 (500,000) during August through June of each year and (b) $6,254,000(600,000) Three months ending March 31, 2002 ($866,000) Six months ending June 30, 2002 ($1,251,000) Nine months ending Sept. 30, 2002 ($1,991,000) Twelve months ending Dec. 31, 2002 ($1,010,000)during July of each year.

Minimum Net Income. Pursuant to Section 6.12 6.15 of the Credit Agreement, the Borrower's fiscal year-to-date Net Income as of the Reporting Date the Borrower’s Net Income was $____________ $ , which [ ] satisfies [ ] does not satisfy the requirement that such amount be not less than $_____________ on the Reporting Date $ during such period as set forth in table below: Period Date Minimum Fiscal Year-To- ---- ----------------------- Date Net Income Twelve months ending Dec. 31, 2001 --------------- 3/31/2000 $(300,000) 6/30/2000 $6,254,000(300,000) Three months ending March 31, 2002 9/30/2000 $(300,000) 12/31/2000 $866,000) Six months ending June 30, 2002 ($1,251,000) Nine months ending Sept. 30, 2002 ($1,991,000) Twelve months ending Dec. 31, 2002 ($1,010,000)1,000,000