Common use of Consolidated Adjusted Leverage Ratio Clause in Contracts

Consolidated Adjusted Leverage Ratio. Permit the Consolidated Adjusted Leverage Ratio for any period of four consecutive fiscal quarters of the Borrowers ending with the last day of any fiscal quarter set forth below to exceed the ratio set forth below opposite such fiscal quarter: Fiscal Quarter Consolidated Adjusted Debt Ratio FQ3 2002 5.50:1.00 FQ4 2002 5.50:1.00 FQ1 2003 5.50:1.00 FQ2 2003 5.50:1.00 FQ3 2003 5.50:1.00 FQ4 2003 5.50:1.00 FQ1 2004 5.50:1.00 FQ2 2004 5.50:1.00 FQ3 2004 5.50:1.00 FQ4 2004 5.50:1.00 FQ1 2005 5.25:1.00 FQ2 2005 5.25:1.00 FQ3 2005 5.25:1.00 FQ4 2005 5.25:1.00 FQ1 2006 5.25:1.00 FQ2 2006 5.25:1.00 FQ3 2006 5.25:1.00 FQ4 2006 5.25:1.00 FQ1 2007 5.25:1.00 FQ2 2007 5.25:1.00 FQ3 2007 5.25:1.00 FQ4 2007 and thereafter 5.25:1.00 For purposes of determining the ratio described above (i) for the fiscal quarters of the Borrowers ending FQ3 2002 and FQ4 2002, (A) Consolidated EBITDAR for the relevant period shall be deemed to be equal to Consolidated EBITDAR for the trailing 12-month period ending on the last date of each such fiscal quarter and (B) the calculation of each of Consolidated EBITDAR and rent expense shall include operating performance of only that Real Estate that was owned and operated by Holdings or any of its Restricted Subsidiaries as of January 30, 2002 or acquired thereafter and (ii) for any fiscal quarters of the Borrowers, Consolidated Adjusted Debt shall be reduced by the amount of unencumbered cash held by Holdings and its Restricted Subsidiaries as of the end of such fiscal quarters.

Consolidated Adjusted Leverage Ratio. Permit the Consolidated Adjusted Leverage Ratio for any period of four consecutive fiscal quarters of the Borrowers ending with the last day of any fiscal quarter set forth below to exceed the ratio set forth below opposite such fiscal quarter: Fiscal Quarter Consolidated Adjusted Debt Ratio FQ1 2002 5.75:1.00 FQ2 2002 5.75:1.00 FQ3 2002 5.50:1.00 5.75:1.00 FQ4 2002 5.50:1.00 FQ1 2003 5.50:1.00 FQ2 2003 5.50:1.00 FQ3 2003 5.50:1.00 FQ4 2003 5.50:1.00 FQ1 2004 5.50:1.00 FQ2 2004 5.50:1.00 FQ3 2004 5.50:1.00 FQ4 2004 5.50:1.00 5.25:1.00 FQ1 2005 5.25:1.00 FQ2 2005 5.25:1.00 FQ3 2005 5.25:1.00 FQ4 2005 5.25:1.00 FQ1 2006 5.25:1.00 FQ2 2006 5.25:1.00 FQ3 2006 5.25:1.00 FQ4 2006 5.25:1.00 FQ1 2007 5.25:1.00 FQ2 2007 5.25:1.00 FQ3 2007 5.25:1.00 FQ4 2007 and thereafter 5.25:1.00 For ; provided, that for purposes of determining the ratio described above (i) for the fiscal quarters of the Borrowers ending FQ1 2002, FQ2 2002, FQ3 2002 and FQ4 2002, (A) Consolidated EBITDAR for the relevant period shall be deemed to be equal to Consolidated EBITDAR for the trailing 12-month period ending on the last date of each such fiscal quarter and quarter; provided, further, that for purposes of calculating (Bi) the calculation of each of such Consolidated EBITDAR and (ii) such rent expense expense, each such calculation shall include operating performance of only that Real Estate that was which is still owned and operated by Holdings or any of its Restricted Subsidiaries as of January 30, 2002 or acquired thereafter the Closing Date and (ii) for any fiscal quarters after giving effect to consummation of the Borrowers, Consolidated Adjusted Debt shall be reduced by the amount of unencumbered cash held by Holdings and its Restricted Subsidiaries as of the end of such fiscal quartersAmended Plan.