Common use of Minimum Shareholders’ Equity Clause in Contracts

Minimum Shareholders’ Equity. Shareholders' Equity will at no time be less than $257,234,000 plus the sum of (i) 50% of the cumulative Reported Net Income of the Parent and its Consolidated Subsidiaries during any period after July 31, 1998 (taken as one accounting period), calculated quarterly but excluding from such calculations of Reported Net Income for purposes of this clause (i) any quarter in which the Consolidated Net Income of the Parent and its Consolidated Subsidiaries is negative, and (ii) 100% of the cumulative Net Proceeds of Capital Stock/Conversion of Debt received during any period after the Closing Date, calculated quarterly.

Minimum Shareholders’ Equity. Shareholders' ’ Equity will at no time be less than $257,234,000 US$373,500,000 plus the sum of (i) 50% of the cumulative Reported Net Income of the Parent Borrower and its Consolidated Subsidiaries during any period after July October 31, 1998 2000 (taken as one accounting period), calculated quarterly but excluding from such calculations of Reported Net Income for purposes of this clause (i) any quarter in which the Consolidated Net Income of the Parent Borrower and its Consolidated Subsidiaries is negative, and (ii) 100% of the cumulative Net Proceeds of Capital Stock/Conversion of Debt received during any period after the Closing Datedate hereof, calculated quarterly.

Minimum Shareholders’ Equity. Shareholders' Equity will at no time be less than $257,234,000 US$373,500,000 plus the sum of (i) 50% of the cumulative Reported Net Income of the Parent Company and its Consolidated Subsidiaries during any period after July October 31, 1998 2000 (taken as one accounting period), calculated quarterly but excluding from such calculations of Reported Net Income for purposes of this clause (i) any quarter in which the Consolidated Net Income of the Parent Company and its Consolidated Subsidiaries is negative, and (ii) 100% of the cumulative Net Proceeds of Capital Stock/Conversion of Debt received during any period after the Closing Datedate hereof, calculated quarterly.

Minimum Shareholders’ Equity. Shareholders' Equity will at no time be less than $257,234,000 US$850,000,000 plus the sum of (i) 50% of the cumulative Reported Net Income of the Parent Company and its Consolidated Subsidiaries during any period after July 31October 29, 1998 2004 (taken as one accounting period), calculated quarterly but excluding from such calculations of Reported Net Income for purposes of this clause (i) any quarter in which the Consolidated Net Income of the Parent Company and its Consolidated Subsidiaries is negative, and (ii) 100% of the cumulative Net Proceeds of Capital Stock/Conversion of Debt received during any period after the Closing Datedate hereof, calculated quarterly.

Minimum Shareholders’ Equity. Shareholders' ’ Equity will at no time be less than $257,234,000 US$850,000,000 plus the sum of (i) 50% of the cumulative Reported Net Income of the Parent Company and its Consolidated Subsidiaries during any period after July 31October 29, 1998 2004 (taken as one accounting period), calculated quarterly but excluding from such calculations of Reported Net Income for purposes of this clause (i) any quarter in which the Consolidated Net Income of the Parent Company and its Consolidated Subsidiaries is negative, and (ii) 100% of the cumulative Net Proceeds of Capital Stock/Conversion of Debt received during any period after the Closing Datedate hereof, calculated quarterly.

Minimum Shareholders’ Equity. Shareholders' Equity will at no time be less than $257,234,000 850,000,000 plus the sum of (i) 50% of the cumulative Reported Net Income of the Parent Borrower and its Consolidated Subsidiaries during any period after July 31October 27, 1998 2006 (taken as one accounting period), calculated quarterly but excluding from such calculations of Reported Net Income for purposes of this clause (i) any quarter in which the Consolidated Net Income of the Parent Borrower and its Consolidated Subsidiaries is negative, and (ii) 100% of the cumulative Net Proceeds of Capital Stock/Conversion of Debt received during any period after the Closing Datedate hereof, calculated quarterly.