Tangible Net Worth Covenant. Section 6.12 of the Credit Agreement is hereby amended by deleting the text of said Section in its entirety and replacing the same with the following: “The Borrower will maintain its Tangible Net Worth, on a consolidate basis with all Subsidiaries, as of the end of each fiscal quarter commencing with the fiscal quarter ending December 31, 2008, at not less than $8,500,000.00.
Tangible Net Worth Covenant. Borrower shall not permit its Tangible Net Worth as at the last day of any calendar month (after giving effect to any capital contributions made by the Members with respect to such calendar month in accordance with the terms of the LLC Agreement) to be less than its Required Equity Investment as of such date; provided that Borrower shall not be deemed to be in breach of this covenant so long as (i) the actual Tangible Net Worth is no more than $ XXXXXXXXXX less than its Required Equity Investment as of such date, or (ii) if the actual Tangible Net Worth is more than $ XXXXXXXXXX less than its Required Equity Investment as of such date, then each Member shall make a capital contribution on or before the twentieth (20th) day of the following month in the amount of such difference. Lender acknowledges that under the terms of Section 2.4 of the LLC Agreement, required capital contributions to Borrower at the end of each month will be based upon estimates. In the case of a deficit of less than $XXXXXXXXXX, Borrower shall take such deficiency into account when determining the required capital contributions to be made by the Members for the following month. [PORTIONS OF THIS SECTION HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIALITY UNDER RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. A COPY OF THIS EXHIBIT WITH ALL SECTIONS INTACT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.]
Tangible Net Worth Covenant. The portion of Section 5 of Schedule 1 to the Loan Agreement, which presently reads as follows,:
Tangible Net Worth Covenant. Section 8.2 of the Loan Agreement is hereby amended and restated in its entirety as of the date hereof as follows: "Permit Tangible Net Worth as of the last day of any fiscal quarter to be less than the sum of $25,000,000 ($30,000,000 for the fiscal quarter ended June 30, 2003 and each fiscal quarter thereafter), plus 50% of Borrowers' cumulative Net Income from January 1, 1999 calculated for each succeeding fiscal quarter through the last day of such fiscal quarter.
Tangible Net Worth Covenant. For the Consolidated Group permit tangible net worth to be less than $3,000,000.00 at any time. The foregoing covenant shall be measured quarterly, as of the end of each calendar quarter. All computations made to determine compliance with the requirements contained in this paragraph shall be made in accordance with GAAP and shall be certified as true and correct by Borrower.
Tangible Net Worth Covenant. Subsection b. of Section 6.14 of the Loan Agreement entitled “Tangible Net Worth” is hereby deleted in its entirety and the following is substituted therefor:
Tangible Net Worth Covenant. SI shall maintain Tangible Net Worth as of July 31, 2002, and as of the end of each fiscal year of SI thereafter, equal to or greater the sum of (a) SI’s Tangible Net Worth as of July 31, 2001, and (b) 50 percent of the sum of (i) Aggregate Net Income, and (ii) any capital injections or equity infusions during the period in question. As used in this Agreement, the term “Aggregate Net Income” means Net Income during SI’s 2002 fiscal year and during subsequent fiscal years of SI (without deduction for losses).
Tangible Net Worth Covenant. 15 of the Credit Agreement is hereby deleted and replaced with the following: Commencing with Borrower's fiscal quarter ending September 30, 2001, at any time during the terms of the Loans, permit Tangible Net Worth to be less than the sum of (a) $25,000,000, plus, on a cumulative basis, (b) as of the end of each of Borrower's fiscal quarters (commencing with Borrower's fiscal quarter ending March 31, 2002, an amount equal to 50 percent of Borrower's consolidated net income, without reduction for any consolidated net losses experienced by Borrower in any fiscal quarter.
Tangible Net Worth Covenant. The Loan Agreement is hereby amended by deleting clause (b) of Item 18 of the Schedule and substituting the following in lieu thereof:
(b) Borrower shall maintain a Tangible Net Worth, plus the outstanding principal balance of Subordinated Debt, of at least $40,000,000 as of the end of each fiscal month.
Tangible Net Worth Covenant. Borrower shall not permit its Tangible Net Worth as at the last day of any calendar month (after giving effect to any capital contributions made by the Members with respect to such calendar month in accordance with the terms of the LLC Agreement) to be less than its Required Equity Investment as of such date; provided that Borrower shall not be deemed to be in breach of this covenant so long as (i) the actual Tangible Net Worth is no more than $ [***] less than its Required Equity Investment as of such date, or (ii) if the actual Tangible Net Worth is more than $ [***] less than its Required Equity Investment as of such date, then each Member shall make a capital contribution on or before the twentieth (20th) day of the following month in the amount of such difference. Lender acknowledges that under the terms of Section 2.4 of the LLC Agreement, required capital contributions to Borrower at the end of each month will be based upon estimates. In the case of a deficit of less than $[***], Borrower shall take such deficiency into account when determining the required capital contributions to be made by the Members for the following month.
