Common use of Adjusted Leverage Ratio Clause in Contracts

Adjusted Leverage Ratio. The Company will not permit, as of the last day of any fiscal quarter, the Adjusted Leverage Ratio, calculated on a consolidated basis, to be greater than Calculation Date Adjusted Leverage Ratio December 31, 2009, March 31, 2010 and June 30, 2010 4.75 to 1.00 September 30, 2010, December 31, 2010 and March 31, 2011 5.00 to 1.00 June 30, 2011 and thereafter 3.75 to 1.00

Adjusted Leverage Ratio. The Company Borrower will not permit, permit the Adjusted ----------------------- Leverage Ratio as of the last day of any fiscal quarter, quarter during the Adjusted Leverage Ratio, calculated on a consolidated basis, periods set forth below to be greater than Calculation the ratio set forth below opposite such period: Maximum Adjusted Date Adjusted Leverage Ratio ---- -------------- December 31, 2009, March 31, 2010 and 2001 through June 30, 2010 4.75 to 1.00 September 302004 5.00 : 1.0 July 1, 2010, 2004 through December 31, 2010 and March 2004 4.75 : 1.0 January 1, 2005 through December 31, 2011 5.00 to 1.00 June 30, 2011 and thereafter 3.75 to 1.002005 4.50 : 1.0 Thereafter 4.25 : 1.0

Adjusted Leverage Ratio. The Company Borrower will not permitpermit the Adjusted Leverage Ratio, determined as of the last day of any each fiscal quarterquarter beginning with the fiscal quarter ending June 30, the Adjusted Leverage Ratio, calculated on a consolidated basis2009, to be greater than Calculation Date the maximum permitted Adjusted Leverage Ratio set forth below. Calculation Date Maximum Permitted Adjusted Leverage Ratio June 30, 2009, September 30, 2009, December 31, 2009, and March 31, 2010 and June 30, 2010 4.75 to 1.00 September June 30, 2010, and September 30, 2010 4.50 to 1.00 December 31, 2010 and 4.25 to 1.00 March 31, 2011 5.00 to 1.00 June 30, 2011 and thereafter 3.75 to 1.00

Adjusted Leverage Ratio. The Company Borrower will not permitpermit the Adjusted Leverage Ratio, as of the last day of any the Borrower’s fiscal quarter, months ended on or about the Adjusted Leverage Ratio, calculated on a consolidated basisfollowing dates for such fiscal month, to be greater than Calculation Date Adjusted Leverage Ratio the following indicated amounts: December 31, 20092000 12.1 to 1.0 January 31, 2001 14.0 to 1.0 February 28, 2001 13.7 to 1.0 March 31, 2010 and 2001 13.2 to 1.0 April 30, 2001 12.9 to 1.0 May 31, 2001 12.9 to 1.0 June 30, 2010 4.75 2001 13.0 to 1.00 September 30, 2010, December 31, 2010 and March 31, 2011 5.00 to 1.00 June 30, 2011 and thereafter 3.75 to 1.001.0

Adjusted Leverage Ratio. The Company Borrower will not permit, as of the last day of any fiscal quarter, permit the Adjusted Leverage Ratio, calculated on a consolidated basis, Ratio as of any date during any period set forth below to be greater than Calculation exceed the ratio set forth opposite such period: Effective Date Adjusted Leverage Ratio December through January 31, 20092006 4.60 to 1.00 February 1, March 312006 through July 29, 2010 and June 2006 4.55 to 1.00 July 30, 2010 4.75 2006 through July 28, 2007 4.35 to 1.00 September 30July 29, 20102007 through July 26, December 31, 2010 and March 31, 2011 5.00 2008 4.20 to 1.00 June 30, 2011 and thereafter 3.75 Thereafter 4.05 to 1.00