Common use of Consolidated EBITDA Clause in Contracts

Consolidated EBITDA. Permit Consolidated EBITDA as of the end of any fiscal month for any Twelve Month Period ending on the dates or during the periods indicated below to be less than the amounts set forth below: Minimum Consolidated Period EBITDA ------ ------ June 27, 1999 $19,000,000 August 1, 1999 $18,000,000 August 2, 1999 through September 26, 1999 $19,000,000 September 27, 1999 through December 26, 1999 $21,000,000 December 27, 1999 through April 2, 2000 $25,000,000 April 3, 2000 and thereafter $26,000,000

Consolidated EBITDA. Permit the Consolidated EBITDA as of determined at the end of any fiscal month for any Twelve Month Period ending on the dates or during the periods indicated below each Fiscal Year to be less than the amounts set forth amount specified below: Minimum Consolidated Period EBITDA Fiscal Year Ending Amount ------------------ ------ ------ June 27December 31, 1996 $ 192,000 December 31, 1997 $ 3,900,000 December 31, 1998 $ 5,900,000 December 31, 1999 $19,000,000 August 1, 1999 $18,000,000 August 2, 1999 through September 26, 1999 $19,000,000 September 27, 1999 through $ 8,800,000 December 26, 1999 $21,000,000 December 27, 1999 through April 2, 2000 $25,000,000 April 331, 2000 and thereafter $26,000,00013,000,000

Consolidated EBITDA. Permit Consolidated EBITDA Maintain and earn on a consolidated basis as of the end last day of any each fiscal quarter, Consolidated EBITDA for the twelve-month for any Twelve Month Period period ending on the dates each such date equal to or during the periods indicated below to be less greater than the amounts set forth belowfollowing: Minimum Consolidated Period EBITDA ------ ------ September 30, 2011 $ 19,000,000 December 31, 2011 $ 20,000,000 March 31, 2012 $ 21,000,000 Each of June 2730, 1999 $19,000,000 August 12012, 1999 $18,000,000 August 2and September 30, 1999 through September 262012 $ 22,000,000 December 31, 1999 $19,000,000 September 272012, 1999 through December 26, 1999 $21,000,000 December 27, 1999 through April 2, 2000 $25,000,000 April 3, 2000 and the last day of each fiscal quarter thereafter $26,000,000$ 23,000,000 ”

Consolidated EBITDA. Permit Consolidated EBITDA as of the end of any fiscal month for any Twelve Month Period ending on or about the dates or during the periods indicated below to be less than the amounts amount set forth belowbelow opposite such date: Twelve Month Period Ending Date Minimum ------------------------------- Consolidated Period EBITDA ------ ------ June 27, 1999 $19,000,000 August 1, 1999 $18,000,000 August 2, 1999 through September 26, 1999 $19,000,000 September 27, 1999 through December 26, 1999 $21,000,000 December 14,500,000 January 30, 2000 $10,000,000 February 27, 1999 through 2000 $ 8,500,000 April 2, 2000 $25,000,000 April 3$ 7,500,000 May 7, 2000 and thereafter $26,000,000$ 8,000,000 June 4, 2000 $ 8,500,000

Consolidated EBITDA. Permit Consolidated EBITDA as As of the end of any each fiscal month quarter beginning ------------------- with the fiscal quarter ending March 31, 2000, the Consolidated EBITDA for any Twelve Month Period ending on the dates or during the periods indicated each period set forth below to shall not be less than the amounts amount set forth belowopposite such period: Minimum Consolidated Period EBITDA ------ ------ June 27, 1999 $19,000,000 August January 1, 1999 $18,000,000 August 22000 through March 31, 1999 2000 $ 4,000,000 January 1, 2000 through September 26, 1999 $19,000,000 September 27, 1999 through December 26, 1999 $21,000,000 December 27, 1999 through April 2June 30, 2000 $25,000,000 April 312,000,000 January 1, 2000 and thereafter through September 30, 2000 $26,000,00018,000,000 Four consecutive fiscal quarters ending December 31, 2000 $30,000,000 Four consecutive fiscal quarters ending the last day of each $30,000,000 fiscal quarter ending after December 31, 2000

Consolidated EBITDA. Permit Consolidated EBITDA as of the end of any fiscal month for any Twelve Month Period ending on or about the dates or during the periods indicated below to be less than the amounts amount set forth belowbelow opposite such date: Minimum Twelve Month Period Ending Date Consolidated Period EBITDA ------ ------ June 27, 1999 $19,000,000 August 1, 1999 $18,000,000 August 2, 1999 through September 26, 1999 $19,000,000 September 27, 1999 through ------------------------------- ------------ December 26, 1999 $21,000,000 December 14,500,000 January 30, 2000 $10,000,000 February 27, 1999 through 2000 $ 8,500,000 April 2, 2000 $25,000,000 April 3$ 7,500,000 May 7, 2000 and thereafter $26,000,000$ 8,000,000 June 4, 2000 $ 8,500,000

Consolidated EBITDA. Permit Consolidated EBITDA EBITDA, as of the end of any fiscal calendar month for any Twelve Month Period the twelve month period ending on the dates or during the periods indicated below such date to be less than the amounts amount set forth belowbelow opposite such calendar month: Minimum Consolidated Period EBITDA ------ ------ June 27July 31, 1999 $19,000,000 August 1, 1999 $18,000,000 August 2, 1999 through September 26, 1999 $19,000,000 September 27, 1999 2004 through December 2631, 1999 $21,000,000 2004 $ 35,000,000 January 31, 2005 through December 2731, 1999 through April 22005 $ 38,000,000 January 31, 2000 $25,000,000 April 3, 2000 2006 and thereafter $26,000,000$ 41,000,000

Consolidated EBITDA. Permit Consolidated EBITDA as of the end of any fiscal month for any Twelve Month Period four fiscal quarter period ending on the dates or during the periods indicated a date set forth below to be less than the amounts amount set forth belowopposite such date: Minimum Consolidated Period EBITDA ------ ------ Date Amount March 31, 1998 $235,000,000 June 2730, 1998 $235,000,000 September 30, 1998 $285,000,000 December 31, 1998 $285,000,000 March 31, 1999 $19,000,000 August 1300,000,000 June 30, 1999 $18,000,000 August 2, 1999 through 325,000,000 September 2630, 1999 $19,000,000 September 27, 1999 through 325,000,000 December 2631, 1999 $21,000,000 December 27, 1999 through April 2335,000,000 March 31, 2000 $25,000,000 April 3335,000,000 June 30, 2000 $335,000,000 September 30, 2000 $350,000,000 December 31, 2000 $375,000,000 March 31, 2001 and thereafter $26,000,000400,000,000

Consolidated EBITDA. Permit Consolidated EBITDA as of the end of any fiscal month for any Twelve Month Period ending on or about the dates or during the periods indicated below to be less than the amounts amount set forth belowbelow opposite such date: Minimum Consolidated Twelve Month Period Ending Date EBITDA ------ ------ June 27, 1999 $19,000,000 August 1, 1999 $18,000,000 August 2, 1999 through September 26, 1999 $19,000,000 September 27, 1999 through ------------------------------- ------------ December 26, 1999 $21,000,000 December 14,500,000 January 30, 2000 $10,000,000 February 27, 1999 through 2000 $ 8,500,000 April 2, 2000 $25,000,000 April 3, 2000 and thereafter $26,000,000$ 7,500,000

Consolidated EBITDA. Permit Consolidated EBITDA as As of the end of any fiscal month each Fiscal Quarter, calculated for any Twelve Month Period the most recently completed four Fiscal Quarters, maintain Consolidated EBITDA for such period ending on the dates or during the periods indicated a date set forth below to be of not less than the amounts amount set forth belowopposite such date: Minimum Consolidated Period EBITDA ------ ------ June 27Date Amount December 31, 1998 $200,000,000 March 31, 1999 $19,000,000 August 1225,000,000 June 30, 1999 $18,000,000 August 2, 1999 through 225,000,000 September 2630, 1999 $19,000,000 September 27, 1999 through 250,000,000 December 2631, 1999 $21,000,000 December 27, 1999 through April 2300,000,000 March 31, 2000 $25,000,000 April 3325,000,000 June 30, 2000 $350,000,000 September 30, 2000 $375,000,000 December 31, 2000 $400,000,000 March 31, 2001 and thereafter $26,000,000450,000,000 ARTICLE VI

Consolidated EBITDA. Permit Consolidated Minimum consolidated EBITDA during the following periods, as of measured on a cumulative basis at the end of any each fiscal month for any Twelve Month Period ending on the dates or during the periods indicated below to be less than the amounts set forth belowquarter: Fiscal Quarter Minimum Consolidated Period EBITDA ------ ------ -------------- --------------------------- September 30, 1997 -$1,500,000 December 31, 1997 -$2,250,000 March 31, 1998 -$1,350,000 June 2730, 1999 1998 $19,000,000 August 11,000,000 September 30, 1999 1998 $18,000,000 August 2, 1999 through September 26, 1999 $19,000,000 September 27, 1999 through December 26, 1999 $21,000,000 December 27, 1999 through April 2, 2000 $25,000,000 April 3, 2000 and thereafter $26,000,0003,800,000

Consolidated EBITDA. Permit the Consolidated EBITDA as of determined at the end of any fiscal month for any Twelve Month Period ending on the dates or during the periods indicated below each Fiscal Year to be less than the amounts set forth amount specified below: Minimum Consolidated Period EBITDA Fiscal Year Ending Amount ------------------ ------ ------ June 27December 31, 1996 $ 1,800,000 December 31, 1997 $ 3,900,000 December 31, 1998 $ 5,900,000 December 31, 1999 $19,000,000 August 1, 1999 $18,000,000 August 2, 1999 through September 26, 1999 $19,000,000 September 27, 1999 through $ 8,800,000 December 26, 1999 $21,000,000 December 27, 1999 through April 2, 2000 $25,000,000 April 331, 2000 and thereafter $26,000,000$ 13,000,000