Common use of Net Worth Covenant Clause in Contracts

Net Worth Covenant. Xxxxx Realty shall, at all times throughout the term of the Loan, maintain a minimum Net Worth of at least $35,000,000.00. As used herein, the term "Net Worth" shall mean, on any applicable date of determination, (i) the net book value of all assets of Xxxxx Realty (excluding, however, receivables from Affiliates, patent rights, trademarks, trade names, franchises, copyrights, licenses, goodwill and other intangible assets), after all appropriate deductions in accordance with Acceptable Accounting Standards (including, without limitation, reserves for doubtful receivables, obsolescence, depreciation and amortization), less (ii) all liabilities of Xxxxx Realty (including, without limitation, liabilities for taxes and a fair valuation of contingent or indirect liabilities), all as determined in accordance with Acceptable Accounting Standards and otherwise in Lender's sole discretion.

Appears in 3 contracts

Samples: Guaranty Agreement (Owens Realty Mortgage, Inc.), Guaranty (Owens Realty Mortgage, Inc.), Guaranty (Owens Realty Mortgage, Inc.)

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Net Worth Covenant. Xxxxx Realty shallGuarantor shall collectively, at all times throughout the term of the Loan, maintain a minimum Net Worth of at least $35,000,000.00. As used herein, the term "Net Worth" shall mean, on any applicable date of determination, (i) the net book value of all assets of Xxxxx Realty Guarantor (excluding, however, receivables from Affiliates, patent rights, trademarks, trade names, franchises, copyrights, licenses, goodwill and other intangible assets), after all appropriate deductions in accordance with Acceptable Accounting Standards (including, without limitation, reserves for doubtful receivables, obsolescence, depreciation and amortization), less (ii) all liabilities of Xxxxx Realty Guarantor (including, without limitation, liabilities for taxes and a fair valuation of contingent or indirect liabilities), all as determined in accordance with Acceptable Accounting Standards and otherwise in Lender's sole discretion.

Appears in 2 contracts

Samples: Guaranty (Owens Realty Mortgage, Inc.), Guaranty Agreement (Owens Realty Mortgage, Inc.)

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