Common use of Consolidated Adjusted EBITDA Clause in Contracts

Consolidated Adjusted EBITDA. Holdings shall not permit Consolidated Adjusted EBITDA as at the end of any Fiscal Quarter, beginning with the Fiscal Quarter ending September 30, 2015, to be less than the correlative number below: For the Fiscal Quarter ending September 30, 2015 $250,000 For the Fiscal Quarter ending December 31, 2015 $1,500,000 For the Fiscal Quarter ending March 31, 2016 $4,250,000 For the Fiscal Quarter ending June 30, 2016 $7,250,000 For the Fiscal Quarter ending September 30, 2016 and each Fiscal Quarter ending thereafter $9,500,000 For the purposes of determining compliance with this Section 6.8(c), Consolidated Adjusted EBITDA as at the end of any Fiscal Quarter shall be equal to (i) with respect to the Fiscal Quarter ending on September 30, 2015, Consolidated Adjusted EBITDA for the Fiscal Quarter ending on such date, (ii) with respect to the Fiscal Quarter ending on December 31, 2015, Consolidated Adjusted EBITDA for the two Fiscal Quarter Period ending on such date, (iii) with respect to the Fiscal Quarter ending on March 31, 2016, Consolidated Adjusted EBITDA for the three Fiscal Quarter period ending on such date, and (iv) with respect to any other Fiscal Quarter, Consolidated Adjusted EBITDA for the period of four consecutive Fiscal Quarters ending on such date. For purposes of clarity, the minimum Consolidated Adjusted EBITDA covenant set forth above is not tested on June 30, 2015. 11. Section F(1) of the Second Amendment is hereby amended by replacing such Section with the following: “Reserved”.

Consolidated Adjusted EBITDA. Holdings shall not permit Consolidated Adjusted EBITDA as at the end of any Fiscal Quarter, beginning with the Fiscal Quarter ending September June 30, 2015, to be less than the correlative number below: For the Fiscal Quarter ending June 30, 2015 $1,000,000 For the Fiscal Quarter ending September 30, 2015 $250,000 3,000,000 For the Fiscal Quarter ending December 31, 2015 $1,500,000 5,500,000 For the Fiscal Quarter ending March 31, 2016 $4,250,000 8,000,000 For the Fiscal Quarter ending June 30, 2016 $7,250,000 9,000,000 For the Fiscal Quarter ending September 30, 2016 and each Fiscal Quarter ending thereafter $9,500,000 10,000,000 For the purposes of determining compliance with this Section 6.8(c), Consolidated Adjusted EBITDA as at the end of any Fiscal Quarter shall be equal to (i) with respect to the Fiscal Quarter ending on September June 30, 2015, Consolidated Adjusted EBITDA for the Fiscal Quarter ending on such date, (ii) with respect to the Fiscal Quarter ending on December 31September 30, 2015, Consolidated Adjusted EBITDA for the two Fiscal Quarter Period ending on such date, (iii) with respect to the Fiscal Quarter ending on March December 31, 20162015, Consolidated Adjusted EBITDA for the three Fiscal Quarter period ending on such date, and (iv) with respect to any other Fiscal Quarter, Consolidated Adjusted EBITDA for the period of four consecutive Fiscal Quarters ending on such date. For purposes of clarity, the minimum Consolidated Adjusted EBITDA covenant set forth above is not tested on June 30, 2015. 11. Section F(1) of the Second Amendment is hereby amended by replacing such Section with the following: “Reserved”.

Consolidated Adjusted EBITDA. Holdings shall not permit Consolidated Adjusted EBITDA If, as at the end of any Fiscal Quarter, beginning with the Fiscal Quarter ending September 30March 31, 20152016, the aggregate outstanding principal amount of the Term Loan is greater than or equal to $15,000,000, Holdings shall not permit Consolidated Adjusted EBITDA as at the end of such Fiscal Quarter to be less than the correlative number below: For the Fiscal Quarter ending September 30, 2015 $250,000 For the Fiscal Quarter ending December 31, 2015 $1,500,000 For the Fiscal Quarter ending March 31, 2016 $4,250,000 1,750,000 For the Fiscal Quarter ending June 30, 2016 $7,250,000 3,500,000 For the Fiscal Quarter ending September 30, 2016 $5,250,000 For the Fiscal Quarter ending December 31, 2016 and each Fiscal Quarter ending thereafter $9,500,000 7,000,000 For the purposes of determining compliance with this Section 6.8(c), Consolidated Adjusted EBITDA as at the end of any Fiscal Quarter shall be equal to (i) with respect to the Fiscal Quarter ending on September 30March 31, 20152016, Consolidated Adjusted EBITDA for the Fiscal Quarter ending on such date, (ii) with respect to the Fiscal Quarter ending on December 31June 30, 20152016, Consolidated Adjusted EBITDA for the two Fiscal Quarter Period period ending on such date, (iii) with respect to the Fiscal Quarter ending on March 31September 30, 2016, Consolidated Adjusted EBITDA for the three Fiscal Quarter period ending on such date, date and (iv) with respect to any other Fiscal Quarter, Consolidated Adjusted EBITDA for the period of four consecutive Fiscal Quarters ending on such date. For purposes of clarity, the minimum Consolidated Adjusted EBITDA covenant set forth above is not tested on June September 30, 2015 or December 31, 2015. 11. Section F(1) of the Second Amendment is hereby amended by replacing such Section with the following: “Reserved”.