Common use of Adjusted Consolidated EBITDA to Consolidated Fixed Charges Clause in Contracts

Adjusted Consolidated EBITDA to Consolidated Fixed Charges. The Borrower will not at any time permit the ratio of Adjusted Consolidated EBITDA determined for the most recently ended calendar quarter to Consolidated Fixed Charges for such period, to be less than (i) 1.25 to 1.00 on any date of determination that is prior to June 30, 2009 and (ii) 1.35 to 1.00 on any date of determination that is on or after June 30, 2009.

Adjusted Consolidated EBITDA to Consolidated Fixed Charges. The Borrower will not at any time permit the ratio of Adjusted Consolidated EBITDA determined for the most recently ended four (4) calendar quarter quarters to Consolidated Fixed Charges for such periodthe most recently ended four (4) calendar quarters, to be less than (i) 1.25 to 1.00 on any date of determination that is prior to June the following: Closing Date through and including December 31, 2012 1.20:1.00 January 1, 2013 through and including September 30, 2009 2013 1.25:1.00 October 1, 2013 through and (ii) 1.35 to 1.00 on any date of determination that is on or after June including September 30, 2009.2014 1.35:1.00 October 1, 2014 and thereafter 1.45:1.00

Adjusted Consolidated EBITDA to Consolidated Fixed Charges. The Borrower will not at any time permit the ratio of Adjusted Consolidated EBITDA determined for the most recently ended four (4) calendar quarter quarters to Consolidated Fixed Charges for such periodthe most recently ended four (4) calendar quarters, to be less than (i) 1.25 to 1.00 on any date of determination that is prior to the following: Closing Date through and including June 30, 2009 2015 1.25:1.00 July 1, 2015 through and (ii) 1.35 to 1.00 on any date of determination that is on or after June 30including December 31, 2009.2015 1.35:1.00 January 1, 2016 and thereafter 1.45:1.00

Adjusted Consolidated EBITDA to Consolidated Fixed Charges. The Beginning on October 29, 2014 and continuing thereafter, the Borrower will not at any time permit the ratio of Adjusted Consolidated EBITDA determined for the most recently ended two (2) calendar quarter quarters annualized to Adjusted Consolidated Fixed Charges for such periodthe most recently ended two (2) calendar quarters annualized, to be less than (i) 1.25 1.75 to 1.00 on any date of determination that is prior to June 30, 2009 and (ii) 1.35 to 1.00 on any date of determination that is on or after June 30, 20091.00.

Adjusted Consolidated EBITDA to Consolidated Fixed Charges. The Borrower will not at any time permit the ratio of Adjusted Consolidated EBITDA determined for the most recently ended calendar quarter quarter, annualized, to Consolidated Fixed Charges for such periodthe most recently ended calendar quarter, annualized, to be less than (i) 1.25 to 1.00 the following: Commencing on any the date of determination that is prior to this Agreement through and including June 30, 2009 2018 0.75 to 1 Commencing on July 1, 2018 and (ii) 1.35 continuing through and including December 31, 2018 0.90 to 1.00 1 Commencing on any date of determination that is on or after June 30January 1, 2009.2019 and continuing thereafter 1.20 to 1

Adjusted Consolidated EBITDA to Consolidated Fixed Charges. The Borrower will not at any time permit the ratio of Adjusted Consolidated EBITDA determined for the most recently ended calendar quarter quarter, annualized, to Consolidated Fixed Charges for such periodthe most recently ended calendar quarter, annualized, to be less than (i) 1.25 to 1.00 the following: Commencing on any the date of determination that is prior this Agreement through and including December 31, 2020 1.20 to June 301 Commencing on January 1, 2009 2021 and (ii) 1.35 continuing through and including December 31, 2022 1.30 to 1.00 1 Commencing on any date of determination that is on or after June 30January 1, 2009.2023 and continuing thereafter 1.40 to 1