Total Stockholders’ Equity. The Borrower will not permit Total Stockholders’ Equity at any time to be less than the sum of (i) $1,000,000,000 plus (ii) 100% of the net cash proceeds from the issuance of any capital stock of the Borrower or any of its Consolidated Subsidiaries after the date hereof, excluding any proceeds received from the exercise of stock options held by officers, directors, employees, or consultants of the Borrower or any of its Subsidiaries.
Total Stockholders’ Equity. 2.1(c) Total Stockholders' Equity Estimate...................................2.1(e)(i) Transaction Documents.......................................................3.2
Total Stockholders’ Equity. Cause, suffer or permit Total Stockholders Equity to be or become: (a) as at September 30, 2004, not less than Twenty Six Million Two Hundred Eighteen Thousand Dollars ($26,218,000.00), (b) as at December 31, 2004, not less than Twenty Five Million Eight Hundred Forty One Thousand Dollars ($25,841,000.00), and (c) (i) commencing with the quarter ending March 31, 2005, as at the end of the first three fiscal quarters in each fiscal year, not less than ninety-five percent (95%) of actual Total Stockholders Equity for the immediately preceding fiscal year-end; and (ii) as at the end of the fourth fiscal quarter in any fiscal year, not less than one hundred five percent (105%) of actual Total Stockholders Equity as of the prior fiscal year end; provided also, however, that this covenant shall be tested only for any fiscal quarters, in which Average Undrawn Availability for any month is less than Five Million Dollars ($5,000,000.00).
Total Stockholders’ Equity. The Borrower will not permit Total Stockholders’ Equity (i) at any time prior to December 31, 2007, to be less than the sum of (x) $1,000,000,000 plus (y) 100% of the net cash proceeds from the issuance of any capital stock of the Borrower or any of its Consolidated Subsidiaries after the date hereof (excluding any proceeds received from the exercise of stock options held by officers, directors, employees, or consultants of the Borrower or any of its Subsidiaries), (ii) at any time thereafter and prior to December 31, 2008, to be less than the sum of (x) $1,500,000,000 plus (y) 100% of the net cash proceeds from the issuance of any capital stock of the Borrower or any of its Consolidated Subsidiaries on or following the Amendment No. 1 and Waiver Effective Date (excluding any proceeds received from the exercise of stock options held by officers, directors, employees, or consultants of the Borrower or any of its Subsidiaries) and (iii) at any time thereafter, to be less than the sum of (x) $2,000,000,000 plus (y) 100% of the net cash proceeds from the issuance of any capital stock of the Borrower or any of its Consolidated Subsidiaries on or following the Amendment No. 1 and Waiver Effective Date (excluding any proceeds received from the exercise of stock options held by officers, directors, employees, or consultants of the Borrower or any of its Subsidiaries).”
Total Stockholders’ Equity. To maintain on a consolidated basis Total Stockholders’ Equity equal to at least Seven Million Four Hundred Nineteen Thousand and No/100 Dollars ($7,419,000), which amount shall increase on a quarterly basis in an amount equal to ninety percent (90%) of Borrower’s net income (calculated on a consolidated basis) for such quarter. This amount shall be calculated at the end of each quarterly reporting period for which Bank requires financial statements.
Total Stockholders’ Equity. 2.1(c) Total Stockholders' Equity Estimate..................................2.1(e)(i) Transaction Documents......................................................3.2 3 Transition Services Agreement.............................................5.12 WARN......................................................................5.21 ARTICLE II THE TRANSACTION
Total Stockholders’ Equity. The Borrower shall not permit or suffer to exist Total Stockholders' Equity to be less than the following amounts at the end of any of the following fiscal months: (a) February 2000: $7,503,798; (b) March 2000: $7,623,477; (c) April 2000: $7,492,017; (d) May 2000: $7,800,535; (e) June 2000: $8,249,225; (f) July 2000: $8,028,271; (g) August 2000: $7,935,907; (h) September 2000: 8,164,244; (i) October 2000: $8,668,752; (j) November 2000: $8,515,338; (k) December 2000: $9,377,942; and (l) January 2001: $8,740,589. These amounts are based on the Business Plan set forth on EXHIBIT 5-12(a)-1 to the Second Amendment Agreement."
Total Stockholders’ Equity. The Borrower’s Consolidated Total Stockholders Equity shall be at least Six Hundred Fifty Million Dollars ($650,000,000.00) at all times.
Total Stockholders’ Equity. (4,574) --------- (4,042) --------- $ 288,289 ========= 532 --------- 532 --------- $ 177,804 ========= | | | | | | 58 --------- (22,808) --------- $ 517,269 ========= 13 --------- (22,866) --------- $ 480,451 ========= See accompanying notes to the consolidated financial statements. NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS
Total Stockholders’ Equity. The Borrower will not permit Total -------------------------- Stockholders' Equity to be less than $550,000,000 at any time. Credit Agreement ----------------