Common use of Adjusted Leverage Ratio Clause in Contracts

Adjusted Leverage Ratio. The Borrower shall not permit the Adjusted Leverage Ratio to exceed at any time during each fiscal quarter of the Borrower ending during any period listed below, the ratio set forth opposite such period: Period Ratio ------ ----- Closing Date through Jan. 31, 2000 4.25 to 1.00 Feb. 1, 2000 through Jan. 29, 2001 4.00 to 1.00 Each fiscal year of the Borrower thereafter 3.75 to 1.00

Adjusted Leverage Ratio. The Borrower shall not permit the Adjusted Leverage Ratio to exceed at any time during each fiscal quarter of the Borrower ending during any period listed on the date set forth below, the ratio set forth opposite such perioddate: Period Quarter Ending Ratio ------ -------------- ----- Closing Date through Jan. May 17, 2004 5.60 August 9, 2004 5.50 November 1, 2004 5.45 January 31, 2000 4.25 to 1.00 Feb. 12005 5.35 May 23, 2000 through Jan. 292005 5.25 August 15, 2001 4.00 to 1.00 Each fiscal year of the Borrower 2005 5.15 November 7, 2005 5.05 January 30, 2006 5.00 May 22, 2006 4.90 August 14, 2006 4.80 November 6, 2006 and thereafter 3.75 to 1.004.75

Adjusted Leverage Ratio. The Borrower shall not permit the Adjusted Leverage Ratio as at the end of any Fiscal Quarter to exceed at be greater than the following for the respective periods set forth below: Period Adjusted Leverage Ratio Closing Date to and including March 27, 2004 3.75:1.00 March 28, 2004 to and including June 26, 2004 4.75:1.00 June 27, 2004 to and including July 2, 2005 5.60:1:00 July 3, 2005 and any time during each fiscal quarter of the Borrower ending during any period listed below, the ratio set forth opposite such period: Period Ratio ------ ----- Closing Date through Jan. 31, 2000 4.25 to 1.00 Feb. 1, 2000 through Jan. 29, 2001 4.00 to 1.00 Each fiscal year of the Borrower thereafter 3.75 to 1.005.25:1.00

Adjusted Leverage Ratio. The Borrower shall not permit the ----------------------- Adjusted Leverage Ratio to exceed at any time during each fiscal quarter of the Borrower ending during any period listed on the date set forth below, the ratio set forth opposite such perioddate: Period 77 Quarter Ending Ratio ------ -------------- ----- Closing Date through Jan. January 28, 2002 5.70 May 20, 2002 5.70 August 12, 2002 5.60 November 4, 2002 5.60 January 27, 2003 5.50 May 19, 2003 5.40 August 11, 2003 5.30 November 3, 2003 5.20 January 26, 2004 5.20 May 17, 2004 5.20 August 9, 2004 5.10 November 1, 2004 5.10 January 31, 2000 4.25 to 1.00 Feb. 12005 5.10 May 23, 2000 through Jan. 292005 5.10 August 15, 2001 4.00 to 1.00 Each fiscal year of the Borrower thereafter 3.75 to 1.002005 and each 5.00 fiscalquarter thereafter

Adjusted Leverage Ratio. The Borrower shall not permit the Adjusted Leverage Ratio to exceed at any time during each fiscal quarter of the Borrower ending during any period listed below, the ratio set forth opposite such period: Period Ratio ------ ----- Second A&R Closing Date through Jan. 31, 2000 4.25 5.00 to 1.00 Feb. 1, 2000 through Jan. May 22, 2000 4.80 to 1.00 May 23, 2000 through August 14, 2000 4.65 to 1.00 August 15, 2000 through January 29, 2001 4.00 to 1.00 Each fiscal year of the Borrower thereafter 3.75 to 1.00