Common use of Adjusted Leverage Ratio Clause in Contracts

Adjusted Leverage Ratio. The Borrowers will not permit the Adjusted Leverage Ratio, determined at the end of and for any period of four consecutive fiscal quarters of the Borrowers ending during any period, or ending on the last day of the fiscal quarter which ends nearest to the calendar quarter end date, described in the table below, to be greater than the ratio set forth opposite such period in such table: Period (inclusive of end dates) Ratio January 1, 2006 — December 31, 2007 5.95 to 1.00 January 1, 2008 — March 31, 2008 6.25 to 1.00 April 1, 2008 — June 30, 2008 6.15 to 1.00 July 1, 2008 — September 30, 2008 6.15 to 1.00 October 1, 2008 and thereafter 6.85 to 1.00

Adjusted Leverage Ratio. The Borrowers As of the last day of any ------------------------ fiscal quarter, the Parent Borrower will not permit the Adjusted Leverage Ratio, determined at the end Ratio as of and for any period of four consecutive fiscal quarters of the Borrowers ending during any period, or ending on the last such day of the fiscal quarter which ends nearest to the calendar quarter end date, described in the table below, to be greater than exceed the ratio set forth below opposite the period during which such period in such tableday occurs: Period (inclusive of end dates) Ratio January ------ ----- Effective Date through and including September 30, 2002 5.50 to 1.00 October 1, 2006 — December 31, 2007 5.95 to 1.00 January 1, 2008 — March 31, 2008 6.25 to 1.00 April 1, 2008 — 2002 through and including June 30, 2008 6.15 2003 5.25 to 1.00 July 1, 2008 — September 2003 through and including June 30, 2008 6.15 2004 4.75 to 1.00 October July 1, 2008 2004 through and including June 30, 2005 4.25 to 1.00 July 1, 2005 through and including June 30, 2006 4.00 to 1.00 July 1, 2006 and thereafter 6.85 3.50 to 1.001.00 120

Adjusted Leverage Ratio. The Borrowers will not permit the Adjusted Leverage Ratio, determined at the end of and for any period of four consecutive fiscal quarters of the Borrowers ending during any period, or ending on the last day of the fiscal quarter which ends nearest to the calendar quarter end date, described in the table below, to be greater than the ratio set forth opposite such period in such table: Period (inclusive of end dates) Ratio January 1, 2006 — – December 31, 2007 5.95 to 1.00 January 1, 2008 — – March 31, 2008 6.25 to 1.00 April 1, 2008 — – June 30, 2008 6.15 to 1.00 July 1, 2008 — – September 30, 2008 6.15 to 1.00 October 1, 2008 – March 31, 2009 6.85 to 1.00 April 1, 2009 and thereafter 6.85 7.25 to 1.00

Adjusted Leverage Ratio. The Borrowers will not permit the Adjusted Leverage Ratio, determined at the end of and for any period of four consecutive fiscal quarters of the Borrowers ending during any period, or ending on the last day of the fiscal quarter which ends nearest to the calendar quarter end date, described in the table below, to be greater than the ratio set forth opposite such period in such table: Period (inclusive of end dates) Ratio January 1, 2006 — - December 31, 2007 5.95 to 1.00 January 1, 2008 — - March 31, 2008 6.25 to 1.00 April 1, 2008 — - June 30, 2008 6.15 to 1.00 July 1, 2008 — September 30, 2008 6.15 to 1.00 October 1, 2008 and thereafter 6.85 5.75 to 1.00