Profitability

Profitability. Shall mean that the Company has aggregate positive net income for four consecutive financial quarters, as reported by the Company, applying generally accepted accounting principles, consistently applied, adjusted upwards or downwards to exclude: (a) acquisition and merger-related charges; (b) gains and losses from the disposition of significant assets other than in the ordinary course of the Company's business; (c) gains... and losses from investments (not including gains and losses related to the management of cash and cash equivalents, and marketable securities); (d) gains and losses from the adoption of new or alternative accounting treatments; (e) employee stock/equity compensation charges; (f) gains or losses associated with conversion or exchange of convertible debt; (g) special charges related to acquisitions, such as, for example, good will adjustments, in-process R&D charges, and adjustments for harmonization of accounting principles; (h) asset impairment charges; (i) legal contingencies; and (j) other similar or analogous items; PROVIDED, HOWEVER, that in making the determination of the amount of aggregate net income, the Company's Board of Directors may include any particular item falling within the categories listed above, or exclude or include other items as it deems reasonable and appropriate to achieve the objectives of the Plan. View More

Profitability. During the term of this Agreement, Seller shall not (i) during any fiscal quarter ending on or prior to September 30, 2006, have Net Income of less than $1.00 in any two consecutive fiscal quarters without regard to unrealized gains or losses from Hedges during such period, (ii) for the fiscal quarter ending on December 31, 2006, have Net Income of less than negative $47,000,000 (i.e., a loss of more than $47,000,000) without regard to unrealized gains or losses from Hedges during such period... and (iii) from and after the fiscal quarter ending March 31, 2007, have Net Income of less than $1.00 in any two consecutive fiscal quarters without regard to unrealized gains or losses from Hedges during such period; provided, that, Seller shall notify Buyer of any such unrealized gains or losses via the related compliance certificate. View More

Profitability. Seller shall not, for the fiscal quarter ending on March 30, 2007, have Net Income of less than negative $65,000,000 (i.e., a loss of more than $65,000,000) without regard to unrealized gains or losses from Hedges during such period.