(a) – Interest Coverage Ratio Sample Clauses

(a) – Interest Coverage Ratio. Consolidated Annualized EBITDA (for use for Statement Dates prior to March 31, 2009)

(a) – Interest Coverage Ratio. Consolidated EBITDA for the period of four fiscal quarters ending on the Reporting Date:

(a) – Interest Coverage Ratio. A. Consolidated EBITDA (subject to proforma adjustments, if any, permitted by Section 7.19(e) of the Agreement) for four consecutive fiscal quarters ending on the Financial Statement Date (“Subject Period”)(see Credit Agreement definition of “Consolidated EBITDA”): $ B. Sum of (i) Consolidated Interest Charges (subject to proforma adjustments, if any, permitted by Section 7.19(e) of the Agreement) during Subject Period plus (ii) imputed interest charges on Synthetic Leases during Subject Period: $ C. Is ratio of II.A. to II.B. at least 2.75 to 1.0 for fiscal quarters ending on or before March 31, 2009? Is ratio of II.A. to II.B. at least 2.00 to 1.0 for fiscal quarters beginning on April 1, 2009 through the fiscal quarter ending on June 30, 2010? Is ratio of II.A. to II.B. at least 2.75 to 1.0 for fiscal quarters ending on or after July 31, 2010? Yes/No

(a) – Interest Coverage Ratio. A. Adjusted Consolidated EBITDA for four consecutive fiscal quarters ending on the Statement Date (“Subject Period”) (see Credit Agreement definition of “Consolidated EBITDA” and “Adjusted Consolidated EBITDA”): $ 1. Consolidated EBITDA for Subject Period (prior to pro forma adjustments for Permitted Acquisitions pursuant to Section 7.15(d)) and Material Projects pursuant to Section 7.15(e): $ 2. Pro forma adjustments to EBITDA for Permitted Acquisitions during the Subject Period (Section 7.15(d)), giving effect to such Permitted Acquisitions on a pro forma basis for the Subject Period as if such Permitted Acquisitions occurred on the first day of the Subject Period: $ 3. Pro forma adjustments to EBITDA for Material Projects during the Subject Period (Section 7.15(e)) giving effect to the Material Project Consolidated EBITDA Adjustments for the Subject Period: $ 4. Consolidated EBITDA including pro forma adjustments for Permitted Acquisitions and Material Projects (Lines I.A.1 + I.A.2 + I.A.3): $ 5. Distribution Equivalent Amount for Subject Period $ 6. Adjusted Consolidated EBITDA (Lines I.A.4 + I.A.5) B. Consolidated Interest Charges for the Subject Period 1. Consolidated Interest Charges for the four consecutive fiscal quarters ending on the Statement Date: $ 2. Pro forma adjustment for Consolidated Interest Charges during the four consecutive fiscal quarters ending on the Statement Date (Section 7.15(d)): $ 3. Consolidated Interest Charges including pro forma adjustments for Permitted Acquisitions (Lines I.B.1 + I.B.2): $ C. Interest Coverage Ratio Adjusted Consolidated EBITDA adjusted for Permitted Acquisitions and 1. Material Projects (Line I.A.6): $

(a) – Interest Coverage Ratio insofar as a result of or related to the Misappropriation Transaction the Borrower permitted its Interest Coverage Ratio at any fiscal quarter-end to be less than 2.5 to 1.0; and (vi) Section 7.17

(a) – Interest Coverage Ratio. A. Consolidated EBITDA for the period of four fiscal quarters ending on the Reporting Date: 1. Consolidated Net Income (excluding net income from Excluded Subsidiaries): $ 2. Cash distributions of income from Joint Ventures: $ 3. Consolidated Interest Expense: $ 4. Expense for income taxes paid or accrued: $ 5. Depreciation: $ 6. Amortization: $ 7. Non-cash (including impairment) charges: $ 8. Extraordinary losses: $ 9. Loss (gain) on early extinguishment of indebtedness: $ 10. Transaction costs and restructuring charges required to be expensed under FASB ASC 805: $ 11. The amount of any net losses from discontinued operations, including net losses from the sale or disposition of discontinued operations: $ 12. Any fees, expenses or charges related to any issuance or Capital Stock, Investment, acquisition, disposition, recapitalization or the incurrence or repayment of Indebtedness permitted to be incurred hereunder including a refinancing thereof (whether or not successful) and any amendment or modification to the terms of any such transactions, including such fees, expenses or charges related to the Transaction, in each case, deducted in computing Consolidated Net Income: $ 13. Unusual or non-recurring costs and expenses in an amount not to exceed 10% of Consolidated EBITDA in any four fiscal quarter period: $ 14. To the extent not duplicative of any of the foregoing, cash distributions received from Excluded Subsidiaries: $ 15. Non cash gains and extraordinary gains: $ 16. Income (loss) from Joint Ventures and from Financial Services Subsidiaries: $ 17. Consolidated EBITDA (Lines I.A.1 + 2 + 3+ 4 + 5 + 6 + 7 + 8 + 9 + 10 + 11 + 12 + 13 + 14 – 15 – 16): $ B. Consolidated Interest Incurred: $ C. Interest Coverage Ratio (Lines I.A.12. to I.B.): D. Minimum Interest Coverage Ratio required (1.5 to 1.0)

(a) – Interest Coverage Ratio. A. Consolidated EBITDA for four consecutive fiscal quarters ending on the Statement Date (“ Subject Period “) (see Credit Agreement definition of “Consolidated EBITDA”): 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 Subject Period: $ 5. Amortization expenses for Subject Period: $ 6. Consolidated EBITDA (prior to pro forma adjustments for Asset Acquisitions pursuant to Section 7.14(c)(i)) (Lines II.A.1 + II.A.2 + II.A.3 + II.A.4 + II.A.5): $ 7. Pro forma adjustments to EBITDA for Asset Acquisitions during the Subject Period (Section 7.14(c)(i)), giving effect to such Asset Acquisitions on a pro forma basis for the Subject Period as if such Asset Acquisitions occurred on the first day of the Subject Period: $ 8. Consolidated EBITDA, including pro forma adjustments for Asset Acquisitions (Lines II.A.6 + II.A.7): $