No Losses Sample Clauses
No Losses. From and after the Closing Date, the Xxxxxx Companies shall not at any time suffer a net loss for the then two (2) most recently ended consecutive Fiscal Quarters.
No Losses. From and after April 1, 1997, Xxxxxx shall not at any time suffer a net loss for the four (4) most recently ended consecutive Fiscal Quarters.
No Losses. Beginning with the quarter ending June 30, 1995, and continuing as of the end of each quarter thereafter, the Company shall not incur an Adjusted Loss in any five consecutive fiscal quarters ending on the date of determination. "
No Losses. Section 10.4 of the Credit Agreement is hereby amended by deleting it in its entirety and by substituting therefor the following:
(i) Not suffer a net loss, on a consolidated basis in excess of $350,000 for the fiscal quarter ending March 31, 1998 and (ii) shall not permit net income, on a consolidated basis to fall below (x) $250,000 for the fiscal quarter ending June 30, 1998, (y) $300,000 for the fiscal quarter ending September 30, 1998 and (z) $1.00 for the fiscal quarter ending December 31, 1998 and for each fiscal quarter thereafter. For purposes of this Section 10.4, consolidated net income (or net loss, as applicable) shall include extraordinary losses and extraordinary gains in each such fiscal quarter." This FIRST AMENDMENT AND WAIVER and Note Modification Agreement (as hereinafter defined) shall be governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be performed in said State. All capitalized terms not otherwise defined herein are used with the respective meanings given to such terms in the Credit Agreement. Except as expressly amended or waived hereby, the Credit Agreement shall remain in full force and effect in accordance with the original terms thereof and are hereby ratified and affirmed. This FIRST AMENDMENT AND WAIVER herein contained is limited specifically to the matters set forth above and does not constitute directly or by implication an amendment or waiver of any other provision of the Credit Agreement or any default which may occur or may have occurred under the Credit Agreement. This FIRST AMENDMENT AND WAIVER supersedes any prior negotiations, agreements, understandings or arrangements, or written and verbal communications by the Bank to the Borrower with regard to the matters set forth herein and this FIRST AMENDMENT AND WAIVER together with the Credit Agreement and the Facility Documents contain the entire understanding and agreement of the parties with respect to the subject matter contained herein.
No Losses. Since June 30, 2001, JMS has not sustained any loss on account of fire, flood, accident or other calamity of such character as to interfere materially with the continued operation of The Acquired Business regardless of whether or not such loss was insured against, other than as set forth in Schedule 8.18.
No Losses. None of the Company or any of its Subsidiaries has sustained, since the date of the latest audited financial statements included or incorporated by reference in the Prospectus, any loss or interference with their respective businesses from fire, explosion, flood or other calamity, whether or not covered by insurance, or from any labor dispute or court or governmental action, order or decree, in each case that would reasonably be expected to have a Material Adverse Effect, except as disclosed in the Prospectus; and, since such date, except as disclosed in the Prospectus, there has not been any change in the capital stock or material increase in long-term debt of the Company or any of its Subsidiaries or any material adverse change, or any development involving a prospective material adverse change, in or affecting the general affairs, consolidated financial position, stockholders’ equity, results of operations, properties or business of the Company and its Subsidiaries.
No Losses. The Company shall not have EBIT of less than $0 during any fiscal year.
No Losses. The Company and its consolidated Subsidiaries shall not incur an Adjusted Loss in any five (5) consecutive fiscal quarters ending on the date of determination.
No Losses. Seller agrees that Buyer shall not incur, and that pursuant to Section 12.1 hereof Seller shall indemnify Buyer for, any Losses resulting from any claim by or on behalf of Francotyp Postalia or its successors or assigns in connection with the matters set forth in Section 6.4(d) of the Seller Disclosure Schedule.
No Losses. Incur or suffer a loss, net of expenses, taxes and proper income charges (including cost of goods sold, marketing and general administrative expenses and all other payments made in and directly related to, and all charges properly accrued in respect of, such quarter under generally accepted accounting principles), for any two (2) consecutive fiscal quarters, 23 either on a consolidated or nonconsolidated basis, as reflected in the financial statements submitted to the Bank pursuant to Section 5.01(c)(ii) herein. For purposes of this subsection, income or loss shall be calculated in a manner that excludes the following items from gross revenues: (i) gains in excess of losses resulting from the sale, exchange, conversion or other disposition of assets that are not current assets; (ii) gains resulting from the write-up or write-down of assets, other than normal quarter-end adjustments; (ii) gains resulting from the acquisition, at a discount, by the Borrower or any affiliate thereof, of any bonds, debentures, promissory notes or other evidences of indebtedness of the Borrower; and (iv) gains attributable to foreign currency translation or transactions.