Common use of Consolidated Adjusted EBITDA Clause in Contracts

Consolidated Adjusted EBITDA. Holdings shall not permit Consolidated Adjusted EBITDA as at the end of the most-recently-ended Fiscal Month for the trailing twelve-month period then ended (or in the case of any period ended on or prior to May 2, 2009, for the period from May 4, 2008 through the date of determination) to be less than the correlative amount indicated below: Consolidated Adjusted Fiscal Month Ended On or About EBITDA May 31, 2008 ($1,637,000) June 30, 2008 ($1,478,000) July 31, 2008 ($2,445,000) August 30, 2008 ($383,000) September 30, 2008 $1,613,000 October 31, 2008 $8,347,000 November 30, 2008 $23,677,000 December 31, 2008 $28,676,000 January 31, 2009 $20,335,000 February 28, 2009 $21,581,000 March 31, 2009 $22,018,000 April 30, 2009 and each Fiscal Month ended thereafter $23,331,000

Consolidated Adjusted EBITDA. Holdings shall not permit Consolidated Adjusted EBITDA as at the end of any Fiscal Quarter, beginning with the most-recently-ended Fiscal Month Quarter ending January 2, 2011, for the trailing twelvefour-month Fiscal Quarter period then ended (or in the case of any period ended on or prior to May 2, 2009, for the period from May 4, 2008 through the date of determination) to be less than the correlative amount indicated belowindicated: Fiscal Quarter Consolidated Adjusted Fiscal Month Ended On or About EBITDA May January 2, 2011 $ 23,750,000 April 3, 2011 $ 23,500,000 July 3, 2011 $ 23,500,000 October 2, 2011 $ 23,000,000 January 1, 2012 $ 23,000,000 April 1, 2012 $ 24,000,000 July 1, 2012 $ 25,500,000 September 30, 2012 $ 27,000,000 December 30, 2012 $ 29,000,000 March 31, 2008 ($1,637,000) 2013 $ 29,000,000 June 30, 2008 ($1,478,000) July 312013 $ 29,000,000 September 29, 2008 ($2,445,000) August 2013 $ 29,000,000 December 29, 2013 $ 29,000,000 March 30, 2008 ($383,000) 2014 $ 32,000,000 June 29, 2014 $ 32,000,000 September 30, 2008 $1,613,000 October 31, 2008 $8,347,000 November 30, 2008 $23,677,000 December 31, 2008 $28,676,000 January 31, 2009 $20,335,000 February 28, 2009 $21,581,000 2014 $ 32,000,000 December 28, 2014 $ 32,000,000 March 3129, 2009 $22,018,000 April 302015, 2009 and each Fiscal Month ended Quarter thereafter $23,331,000$ 34,000,000

Consolidated Adjusted EBITDA. Holdings shall not permit Consolidated Adjusted EBITDA as at the end of any Fiscal Quarter, beginning with the most-recently-ended Fiscal Month Quarter ending March 31, 2016, for the trailing twelve-month four Fiscal Quarter period then ended (or in the case of any period ended on or prior to May 2, 2009, for the period from May 4, 2008 through the date of determination) to be less than the correlative amount indicated belowindicated: Fiscal Quarter Consolidated Adjusted Fiscal Month Ended On or About EBITDA May March 31, 2008 (2016 $1,637,000) 8,000,000 June 30, 2008 (2016 $1,478,000) July 31, 2008 ($2,445,000) August 30, 2008 ($383,000) 8,000,000 September 30, 2008 2016 $1,613,000 October 31, 2008 $8,347,000 November 30, 2008 $23,677,000 8,000,000 December 31, 2008 2016 $28,676,000 January 31, 2009 $20,335,000 February 28, 2009 $21,581,000 8,000,000 March 31, 2009 2017 $22,018,000 April 8,500,000 June 30, 2009 2017 $8,500,000 September 30, 2017 $8,750,000 December 31, 2017 $8,750,000 March 31, 2018 $9,000,000 June 30, 2018 $9,000,000 September 30, 2018 $9,250,000 December 31, 2018 $9,250,000 March 31, 2019 and each Fiscal Month ended Quarter ending thereafter $23,331,0009,500,000

Consolidated Adjusted EBITDA. Holdings Company shall not permit Consolidated Adjusted EBITDA as at the end of any Fiscal Quarter, beginning with the most-recently-ended Fiscal Month Quarter ending April 30, 2006, for the trailing twelve-month four Fiscal Quarter period then ended (or in the case of any period ended on or prior to May 2, 2009, for the period from May 4, 2008 through the date of determination) to be less than the correlative amount indicated belowindicated: Consolidated Adjusted Fiscal Month Ended On or About CONSOLIDATED FISCAL QUARTER ADJUSTED EBITDA May -------------- --------------- April 30, 2006 $13,100,000 July 31, 2006 $14,900,000 October 31, 2006 $17,500,000 January 31, 2007 $19,800.000 April 30, 2007 $21,400,000 July 31, 2007 $21,800,000 October 31, 2007 $23,300,000 January 31, 2008 ($1,637,000) June 23,600,000 April 30, 2008 ($1,478,000) 23,800,000 July 31, 2008 ($2,445,000) August 30, 2008 ($383,000) September 30, 2008 $1,613,000 24,100,000 October 31, 2008 $8,347,000 November 30, 2008 $23,677,000 December 31, 2008 $28,676,000 24,900,000 January 31, 2009 $20,335,000 February 28, 2009 $21,581,000 March 31, 2009 $22,018,000 25,500,000 April 30, 2009 $25,900,000 On July 31, 2009 and at the end of each Fiscal Month ended Quarter thereafter $23,331,00026,000,000

Consolidated Adjusted EBITDA. Holdings (i) The Borrowers shall not permit the Consolidated Adjusted EBITDA as at for any Twelve Month Measurement Period ending during any fiscal month, commencing with the end of the most-recently-ended Fiscal Month for the trailing twelve-month period then ended (or in the case of any period ended on or prior to ending May 2, 2009, for the period from May 431, 2008 through and ending with the date of determination) month ending December 31, 2008, to be less than the correlative amount indicated belowset forth below opposite such Twelve Month Measurement Period ending date: Measurement Period Ending Consolidated Adjusted Fiscal Month Ended On or About EBITDA May 31, 2008 ($1,637,000) $ 350,000 June 30, 2008 ($1,478,000) $ 350,000 July 31, 2008 ($2,445,000) $ 350,000 August 3031, 2008 ($383,000) $ 350,000 September 30, 2008 $1,613,000 $ 2,000,000 October 31, 2008 $8,347,000 $ 2,000,000 November 30, 2008 $23,677,000 $ 2,000,000 December 31, 2008 $28,676,000 January 31, 2009 $20,335,000 February 28, 2009 $21,581,000 March 31, 2009 $22,018,000 April 30, 2009 and each Fiscal Month ended thereafter $23,331,000$ 5,900,000

Consolidated Adjusted EBITDA. Holdings Company shall not permit Consolidated Adjusted EBITDA as at the end of any Fiscal Quarter, beginning with the most-recently-ended Fiscal Month Quarter ending April 30, 2006, for the trailing twelve-month four Fiscal Quarter period then ended (or in the case of any period ended on or prior to May 2, 2009, for the period from May 4, 2008 through the date of determination) to be less than the correlative amount indicated belowindicated: Consolidated Adjusted Fiscal Month Ended On or About CONSOLIDATED FISCAL QUARTER ADJUSTED EBITDA May -------------- --------------- April 30, 2006 $13,100,000 July 31, 2006 $14,900,000 October 31, 2006 $17,500,000 January 31, 2007 $20,400,000 April 30, 2007 $22,400,000 July 31, 2007 $23,100,000 October 31, 2007 $23,300,000 January 31, 2008 ($1,637,000) June 23,600,000 April 30, 2008 ($1,478,000) 23,800,000 July 31, 2008 ($2,445,000) August 30, 2008 ($383,000) September 30, 2008 $1,613,000 24,100,000 October 31, 2008 $8,347,000 November 30, 2008 $23,677,000 December 31, 2008 $28,676,000 24,900,000 January 31, 2009 $20,335,000 February 28, 2009 $21,581,000 March 31, 2009 $22,018,000 25,500,000 April 30, 2009 $25,900,000 On July 31, 2009 and at $26,000,000 the end of each Fiscal Month ended thereafter $23,331,000Quarter thereafter