(a) – Consolidated Leverage Ratio Sample Clauses

(a) – Consolidated Leverage Ratio. A. Consolidated Total Debt at Statement Date $ B. Consolidated EBITDA for the period of four consecutive fiscal quarters of the Borrower ending on above date (“Subject Period”): 1. Consolidated Net Income for Subject Period: $ 2. Income tax expense for Subject Period: $ 3. Interest expense, amortization or writeoff of debt discount and debt issuance costs and commissions, discounts and other fees and charges associated with Indebtedness (including the Loans) for Subject Period: $ 4. Depreciation and amortization expenses for Subject Period: $ 5. Amortization of intangibles (including, but not limited to, goodwill) and organization costs for Subject Period: $ 6. Extraordinary, unusual or non-recurring non-cash expenses or losses (including, whether or not otherwise includable as a separate item in the statement of Consolidated Net Income for such period, non-cash losses on sales of assets outside of the ordinary course of business) for Subject Period: $ (13)

(a) – Consolidated Leverage Ratio. Consolidated Funded Debt

(a) – Consolidated Leverage Ratio. Total Debt 1. Debt, less $_______________ 2. Non-cash obligations under ASC 815, less ($______________)

(a) – Consolidated Leverage Ratio. 1 A. Consolidated Funded Indebtedness ((i) including the aggregate undrawn stated amount of all Financial Credits and all payment and reimbursement obligations due in respect thereof and (ii) excluding the aggregate undrawn stated amount of all Performance Credits, but including all payment and reimbursement obligations due in respect thereof) at Statement Date: $___________ B. Consolidated EBITDA for four consecutive fiscal quarters ending on the date above (“Subject Period”): 1. Consolidated Net Income for Subject Period: $___________ 2. Consolidated Interest Charges for Subject Period: $___________ 3. Provision for income taxes for Subject Period: $___________ 4. Depreciation expenses for intangibles for Subject Period: $___________ 5. Amortization expenses for intangibles for Subject Period: $___________ 6. Any costs, charges, accruals, reserves or expenses attributable to the undertaking and/or implementation of cost savings, operating expense reductions, restructuring, severance, business optimization, integration, transition, decommissioning, lease termination payments, consolidation and other restructuring costs, charges, accruals, reserves or expenses in an amount not to exceed 25% of Consolidated EBITDA (calculated prior to giving effect to any adjustment pursuant to this clause) in the aggregate in respect any such cash costs, charges, accruals, reserves or expenses attributable to Holdings and its Subsidiaries for Subject Period: $___________ 7. Fees and expenses incurred during such period in connection with any proposed or actual equity issuance or any proposed or actual issuance or incurrence of any Indebtedness, or any proposed or actual Acquisitions, Investments or Dispositions, including any financing fees and any merger and acquisition fees for Subject Period: $___________ 8. Any losses during such period resulting from the sale or Disposition of any assets of, or the discontinuation of any operations of, in each case, Holdings or any Subsidiary for Subject Period: $___________ 9. Non-cash charges and expenses that are either (a) related to stock option awards or other equity compensation, (b) in connection with any Acquisition, Investment or Disposition or (c) impairment charges for Subject Period: $___________ 1 For purposes Section I of this Compliance Certificate, if there has occurred an Acquisition during the Subject Period, Consolidated EBITDA shall be calculated, at the option of the Company, on a pro forma basis in accordance wi...

(a) – Consolidated Leverage Ratio. Consolidated Debt for Borrowed Money at Statement Date: $__________

(a) – Consolidated Leverage Ratio. A. Aggregate total liabilities of Borrower and its Consolidated Subsidiaries on the Statement Date: $ B. Consolidated Tangible Net Worth 1. Total assets of Borrower and its Consolidated Subsidiaries, excluding all assets which would be classified as intangible assets under GAAP, including without limitation, good will, patents, trademarks, trade names, copyrights, and franchises and excluding any obligations due from Affiliates on the Statement Date: 2. Total liabilities of Borrower and its Consolidated Subsidiaries on the Statement Date: 3. Consolidated Tangible Net Worth on the Statement Date (Line I.B.1 – I.B.2): $ $ $ C. Consolidated Leverage Ratio (Line I.A ÷ Line I.B.3): Maximum Permitted: 1.75 to 1.00 to 1.00

(a) – Consolidated Leverage Ratio. A. Consolidated Total Debt at Statement Date $ B. Consolidated EBITDA for the period of four consecutive fiscal quarters of the Borrower ending on above date (“Subject Period”): 1. Consolidated Net Income for Subject Period: $ 2. Income tax expense for Subject Period: $ 3. Interest expense, amortization or writeoff of debt discount and debt issuance costs and commissions, discounts and other fees and charges associated with Indebtedness (including the Loans) for Subject Period: $ 4. Depreciation and amortization expenses for Subject Period: $ 5. Impairment of goodwill or amortization of intangibles (including, but not limited to, goodwill) and organization costs for Subject Period: $ 6. Non-cash equity based compensation expense for Subject Period: $

(a) – Consolidated Leverage Ratio. A. Consolidated Total Debt at Statement Date $______ B. Consolidated EBITDA for the period of four consecutive fiscal quarters of the Borrower ending on above date (“Subject Period”):

(a) – Consolidated Leverage Ratio. Section 7.1(a) of the Credit Agreement is hereby amended by deleting “5.75 to 1.00” immediately following “June 30, 2007” and replacing with “6.00 to 1.00”.