Common use of Consolidated EBITDA Clause in Contracts

Consolidated EBITDA. The Administrative Agent shall have received evidence reasonably satisfactory thereto provided by the Borrower that Consolidated EBITDA is not less than $80,000,000, calculated on a pro forma basis giving effect to the initial Extensions of Credit and the transactions to occur on the Closing Date, for the twelve month period ending as of the last day of the month most recently preceding the Closing Date for which such statements are available.

Consolidated EBITDA. The Administrative Agent shall have received evidence reasonably satisfactory thereto provided by the Borrower Credit Parties that Consolidated EBITDA is not less than $80,000,000, calculated on a pro forma basis giving effect to the initial Extensions of Credit and the transactions to occur on the Closing Date, 125,000,000 for the twelve month four consecutive quarter period ending ended as of the last day of the month most recently preceding the Closing Date for which such statements are availableSeptember 30, 2005.

Consolidated EBITDA. The Administrative Agent shall have received evidence reasonably satisfactory thereto provided by the Borrower Credit Parties that Consolidated EBITDA is not less than $80,000,000, calculated on a pro forma basis 25,000,000 after giving effect to the initial Extensions of borrowings under the Credit Agreement and the transactions to occur on consummation of the Closing Date, Transactions for the twelve month period ending as of through the last day of the month most recently preceding quarter ended at least thirty-one (31) days prior to the Closing Date for which such statements are availableDate.

Consolidated EBITDA. The Administrative Agent shall have received evidence reasonably satisfactory thereto provided by to it that the Consolidated EBITDA of the Borrower that Consolidated EBITDA is not less than $80,000,000and its Subsidiaries for the four fiscal quarters ending immediately prior to the Closing Date, calculated on a pro forma basis basis, after giving effect to the initial Extensions transactions contemplated hereby and continuing operations (as contemplated to be conducted as of Credit and the transactions to occur on the Closing Date), for is greater than or equal to $25,500,000, which evidence shall be in accordance with the twelve month period ending as of the last day of the month most recently preceding the Closing Date for which such financial statements are availablereferred to in Section 4.1.

Consolidated EBITDA. The Administrative Agent shall have received evidence reasonably satisfactory thereto provided by the Borrower Credit Parties that Consolidated EBITDA is not less than $80,000,000, calculated on a pro forma basis giving effect to the initial Extensions of Credit and the transactions to occur on the Closing Date, 20,400,000 for the twelve month period ending as of the last day of the month most recently immediately preceding the Closing Date for which such statements are availableDate, calculated on a Pro Forma Basis after giving effect to the Transaction.

Consolidated EBITDA. The Administrative Agent shall have received evidence reasonably satisfactory thereto provided by the Borrower that Consolidated EBITDA is not less than $80,000,00037,000,000, calculated in accordance with Regulation S-X and on a pro forma basis giving effect to the initial Extensions of Credit and the other transactions to occur on the Closing Date, for the twelve month period ending as of the last day of the month most recently preceding the Closing Date for which such statements are available.

Consolidated EBITDA. The Administrative Agent shall have received evidence reasonably satisfactory thereto provided by the Borrower Credit Parties that Consolidated EBITDA is not less than $80,000,000, calculated on a pro forma basis giving effect to the initial Extensions of Credit and the transactions to occur on the Closing Date, 75,000,000 for the twelve month period ending as of the last day of the next to last month most recently immediately preceding the Closing Date for which such statements are availableDate.

Consolidated EBITDA. The Administrative Agent shall have received evidence reasonably satisfactory thereto provided by the Borrower that Consolidated EBITDA is not less than $80,000,00046,000,000, calculated on a pro forma basis giving effect to the initial Extensions of Credit and the transactions to occur on the Closing Date, for the twelve month period ending as of the last day of the month most recently immediately preceding the Closing Date for which such statements are availableDate.

Consolidated EBITDA. The Administrative Agent shall have received evidence reasonably satisfactory thereto provided by to it that the Consolidated EBITDA of the Borrower that Consolidated EBITDA is not less than $80,000,000and its Subsidiaries for the four fiscal quarters ending December 31, calculated 2010, on a pro forma basis basis, after giving effect to the initial Extensions of Credit transactions contemplated hereby and the transactions continuing operations (as contemplated to occur on the Closing Date, for the twelve month period ending be conducted as of the last day of the month most recently preceding the Closing Date for which such statements are availableRestatement Date), is greater than or equal to $70,525,000.

Consolidated EBITDA. The Administrative Agent shall have received evidence reasonably satisfactory thereto provided by the Borrower Credit Parties that (i) Consolidated EBITDA is not less than $80,000,00023,750,000 and (ii) the Consolidated Leverage Ratio is not greater than 4.15 to 1.0, calculated on a pro forma basis in each case after giving effect to the initial Extensions of borrowings under the Credit Agreement and the transactions to occur on consummation of the Closing Date, Transactions for the twelve month period ending as of through the last day of the month most recently preceding ending at least twenty (20) days prior to the Closing Date for which such statements are availableDate.