Common use of Profitability Clause in Contracts

Profitability. Borrower shall have quarterly net losses of not more than (i) $3,500,000.00 for the quarter ending December 31, 2003; (ii) $3,000,000.00 for the quarter ending March 31, 2004; (iii) $5,000,000.00 for the quarter ending June 30, 2004; (iv) $2,000,000.00 for the quarter ending September 30, 2004; (v) $1,000,000.00 for each quarter thereafter."

Profitability. Borrower shall have quarterly quarterly: (i) net losses of not more than (iA) $3,500,000.00 4,500,000.00 for the quarter ending December 31, 20032004; (iiB) $3,000,000.00 2,000,000.00 for the quarter ending March 31, 20042005; (iiiC) $5,000,000.00 500,000.00 for the quarter ending June 30, 20042005; (ivD) $2,000,000.00 1,500,000.00 for the quarter ending September 30, 20042005; and (vii) net profit of at least One Dollar ($1,000,000.00 1.00) for the quarter ending December 31, 2005, and as of the last day of each quarter thereafter."" an inserting in lieu thereof the following:

Profitability. Borrower shall have quarterly net losses of not more than (i) $3,500,000.00 for the quarter ending December 31, 2003; (ii) $3,000,000.00 for the quarter ending March 31, 2004; (iii) $5,000,000.00 for the quarter ending June 30, 2004; (iv) $2,000,000.00 for the quarter ending September 30, 2004; (v) $1,000,000.00 for each quarter thereafter."" an inserting in lieu thereof the following:

Profitability. Borrower shall have quarterly net losses of not more than (i) $3,500,000.00 40,000,000.00 for the quarter ending December 31, 20032001 (excluding all non-cash write off of deferred tax assets); (ii) $7,000,000.00 for the quarter ending March 31, 2002; (iii) $6,000,000.00 for the quarter ending June 30, 2002; (iv) $3,000,000.00 for the quarter ending March 31, 2004; (iii) $5,000,000.00 for the quarter ending June 30, 2004; (iv) $2,000,000.00 for the quarter ending September 30, 20042002; and (v) $1,000,000.00 2,000,000.00 for each quarter thereafter."” and inserting in lieu thereof the following:

Profitability. Borrower shall have quarterly net losses of not more than (i) $3,500,000.00 40,000,000.00 for the quarter ending December 31, 20032001 (excluding all non- cash write off of deferred tax assets); (ii) $3,000,000.00 7,000,000.00 for the quarter ending March 31, 20042002; (iii) $5,000,000.00 6,000,000.00 for the quarter ending June 30, 20042002; (iv) $2,000,000.00 4,000,000.00 for the quarter ending September 30, 20042002; and (v) $1,000,000.00 2,000,000.00 for each quarter thereafter.". and inserting in lieu thereof the following:

Profitability. Borrower shall have quarterly quarterly: (i) net losses of not more than (iA) $3,500,000.00 4,500,000.00 for the quarter ending December 31, 20032004; (iiB) $3,000,000.00 2,000,000.00 for the quarter ending March 31, 20042005; (iiiC) $5,000,000.00 500,000.00 for the quarter ending June 30, 20042005; (ivD) $2,000,000.00 1,500,000.00 for the quarter ending September 30, 20042005; and (vii) net profit of at least One Dollar ($1,000,000.00 1.00) for the quarter ending December 31, 2005, and as of the last day of each quarter thereafter."

Profitability. Borrower shall have quarterly net losses of not more than (i) $3,500,000.00 for the quarter ending December 313 1, 200320 03; (ii) $3,000,000.00 for the quarter ending March 31, 2004200 4; (iii) $5,000,000.00 2,000,000.00 for the quarter ending June 30, 2004; (iv) $2,000,000.00 for the quarter ending September 30, 200420 04; (v) $1,000,000.00 for each quarter thereafter."

Profitability. Borrower shall have quarterly net losses of not more than (i) $3,500,000.00 40,000,000.00 for the quarter ending December 31, 20032001 (excluding all non-cash write off of deferred tax assets); (ii) $7,000,000.00 for the quarter ending March 31, 2002; (iii) $6,000,000.00 for the quarter ending June 30, 2002; (iv) $3,000,000.00 for the quarter ending March 31, 2004; (iii) $5,000,000.00 for the quarter ending June 30, 2004; (iv) $2,000,000.00 for the quarter ending September 30, 20042002; and (v) $1,000,000.00 2,000,000.00 for each quarter thereafter."

Profitability. Borrower shall have quarterly net losses of not more than (i) $3,500,000.00 for the quarter ending December 31, 2003; (ii) $3,000,000.00 for the quarter ending March 31, 2004; (iii) $5,000,000.00 2,000,000.00 for the quarter ending June 30, 2004; (iv) $2,000,000.00 for the quarter ending September 30, 2004; (v) $1,000,000.00 for each quarter thereafter."" and inserting in lieu thereof the following: