Common use of Consolidated EBITDA Clause in Contracts

Consolidated EBITDA. Permit Consolidated EBITDA of the Parent and its Subsidiaries for each period of four (4) consecutive fiscal quarters of the Parent and its Subsidiaries for which the last quarter ends on a date set forth below to be less than the applicable amount set forth opposite such date: March 31, 2005 $ 47,000,000 June 30, 2005 $ 47,500,000 September 30, 2005 $ 48,000,000 December 31, 2005 $ 48,500,000 March 31, 2006 $ 48,500,000 June 30, 2006 $ 49,500,000 September 30, 2006 $ 51,000,000 December 31, 2006 $ 51,500,000 March 31, 2007 $ 51,500,000 June 30, 2007 $ 53,000,000 September 30, 2007 $ 54,000,000 December 31, 2007 $ 55,000,000 March 31, 2008 $ 55,000,000 June 30, 2008 $ 56,000,000 September 30, 2008 $ 57,500,000 December 31, 2008 and each fiscal quarter thereafter $ 58,000,000

Consolidated EBITDA. Permit Consolidated EBITDA of the Parent and its Subsidiaries for at the end of each period of four (4) consecutive fiscal quarters quarter of the Parent and its Subsidiaries for which the last quarter ends on a date set forth below to be less than the applicable amount set forth opposite such datebelow: March 31, 2005 $ 47,000,000 June 30, 2005 $ 47,500,000 September 30, 2005 $ 48,000,000 December 31, 2005 $ 48,500,000 March 31, 2006 $ 48,500,000 25,500,000 June 30, 2006 $ 49,500,000 25,800,000 September 30, 2006 $ 51,000,000 26,400,000 December 31, 2006 $ 51,500,000 28,400,000 March 31, 2007 $ 51,500,000 28,800,000 June 30, 2007 $ 53,000,000 29,200,000 September 30, 2007 $ 54,000,000 29,700,000 December 31, 2007 $ 55,000,000 30,200,000 March 31, 2008 $ 55,000,000 30,600,000 June 30, 2008 $ 56,000,000 31,200,000 September 30, 2008 $ 57,500,000 31,800,000 December 31, 2008 and each fiscal quarter thereafter $ 58,000,00032,400,000 March 31, 2009 $ 32,900,000 June 30, 2009 $ 33,500,000 September 30, 2009 $ 34,100,000 December 31, 2009 $ 34,800,000 March 31, 2010 $ 35,300,000 June 30, 2010 $ 36,000,000 September 30, 2010 $ 36,600,000 December 31, 2010 $ 37,400,000

Consolidated EBITDA. Permit Consolidated EBITDA of the Parent and its Subsidiaries for each period of the four (4) consecutive fiscal quarters ending as of the Parent and its Subsidiaries for which end of the last applicable fiscal quarter ends on a date set forth below below, to be less than the applicable amount set forth opposite such datebelow: September 30, 2003 $ 52,997,000 December 31, 2003 $ 50,106,000 March 31, 2004 $ 53,087,000 June 30, 2004 $ 59,501,000 September 30, 2004 $ 61,726,000 December 31, 2004 $ 64,610,000 March 31, 2005 $ 47,000,000 68,525,000 June 30, 2005 $ 47,500,000 72,440,000 September 30, 2005 $ 48,000,000 76,355,000 December 31, 2005 $ 48,500,000 80,270,000 March 31, 2006 $ 48,500,000 82,936,000 June 30, 2006 $ 49,500,000 85,600,000 September 30, 2006 $ 51,000,000 88,265,000 December 31, 2006 $ 51,500,000 90,930,000 March 31, 2007 $ 51,500,000 94,969,000 June 30, 2007 $ 53,000,000 99,008,000 September 30, 2007 $ 54,000,000 103,047,000 December 31, 2007 $ 55,000,000 March 31, 2008 $ 55,000,000 June 30, 2008 $ 56,000,000 September 30, 2008 $ 57,500,000 December 31, 2008 and each fiscal quarter thereafter $ 58,000,000107,089,000

Consolidated EBITDA. Permit Consolidated EBITDA of the Parent and its Subsidiaries for at the end of each period of four (4) consecutive fiscal quarters quarter of the Parent and its Subsidiaries for which the last quarter ends on a date set forth below to be less than the applicable amount set forth opposite such datebelow: March 31, 2005 $ 47,000,000 June 30, 2005 $ 47,500,000 September 30, 2005 $ 48,000,000 December 31, 2005 $ 48,500,000 Fiscal Quarter End Consolidated EBITDA March 31, 2006 $ 48,500,000 $25,500,000 June 30, 2006 $ 49,500,000 $25,800,000 September 30, 2006 $ 51,000,000 $26,400,000 December 31, 2006 $ 51,500,000 $28,400,000 March 31, 2007 $ 51,500,000 $28,800,000 June 30, 2007 $ 53,000,000 $29,200,000 September 30, 2007 $ 54,000,000 $29,700,000 December 31, 2007 $ 55,000,000 $30,200,000 March 31, 2008 $ 55,000,000 $30,600,000 June 30, 2008 $ 56,000,000 $31,200,000 September 30, 2008 $ 57,500,000 $31,800,000 December 31, 2008 and each fiscal quarter thereafter $ 58,000,000$32,400,000 March 31, 2009 $32,900,000 June 30, 2009 $33,500,000 September 30, 2009 $34,100,000 December 31, 2009 $34,800,000 March 31, 2010 $35,300,000 June 30, 2010 $36,000,000 September 30, 2010 $36,600,000 December 31, 2010 $37,400,000

Consolidated EBITDA. Permit (i) for any fiscal quarter ending on June 30, 2003, Consolidated Annualized EBITDA of the Parent and its Subsidiaries and (ii) for each fiscal quarter ending thereafter, Consolidated EBITDA of the Parent and its Subsidiaries for each period of the four (4) consecutive fiscal quarters ending as of the Parent and its Subsidiaries for which end of the last applicable fiscal quarter ends on a date set forth below below, to be less than the applicable amount set forth opposite such datebelow: June 30, 2003 $ 63,700,000 September 30, 2003 $ 76,200,000 December 31, 2003 $ 82,100,000 March 31, 2004 $ 90,000,000 June 30, 2004 $ 99,100,000 September 30, 2004 $108,000,000 December 31, 2004 $116,000,000 March 31, 2005 $ 47,000,000 $125,000,000 June 30, 2005 $ 47,500,000 $129,300,000 September 30, 2005 $ 48,000,000 $134,000,000 December 31, 2005 $ 48,500,000 $140,000,000 March 31, 2006 $ 48,500,000 $145,000,000 June 30, 2006 $ 49,500,000 $145,000,000 September 30, 2006 $ 51,000,000 $150,000,000 December 31, 2006 $ 51,500,000 $155,000,000 March 31, 2007 $ 51,500,000 $160,000,000 June 30, 2007 $ 53,000,000 $162,000,000 September 30, 2007 $ 54,000,000 $165,000,000 December 31, 2007 $ 55,000,000 March 31, 2008 $ 55,000,000 June 30, 2008 $ 56,000,000 September 30, 2008 $ 57,500,000 December 31, 2008 and each fiscal quarter thereafter $ 58,000,000$167,000,000

Consolidated EBITDA. Permit Consolidated EBITDA of the Parent and its Subsidiaries for each period of four (4) consecutive fiscal quarters of the Parent and its Subsidiaries for which the last quarter ends on a date set forth below to be less than the applicable amount set forth opposite such date: March 31, 2005 $ $47,000,000 June 30, 2005 $ $47,500,000 September 30, 2005 $ $48,000,000 December 31, 2005 $ $48,500,000 March 31, 2006 $ $48,500,000 June 30, 2006 $ $49,500,000 September 30, 2006 $ $51,000,000 December 31, 2006 $ $51,500,000 March 31, 2007 $ $51,500,000 June 30, 2007 $ $53,000,000 September 30, 2007 $ $54,000,000 December 31, 2007 $ $55,000,000 March 31, 2008 $ $55,000,000 June 30, 2008 $ $56,000,000 September 30, 2008 $ $57,500,000 December 31, 2008 and each fiscal quarter thereafter $ $58,000,000

Consolidated EBITDA. Permit Borrowers shall not permit (i) for fiscal quarter ending on June 30, 2003, Consolidated Annualized EBITDA of the Parent and its Subsidiaries and (ii) for each fiscal quarter ending thereafter, Consolidated EBITDA of the Parent and its Subsidiaries for each period of the four (4) consecutive fiscal quarters ending as of the Parent and its Subsidiaries for which end of the last applicable fiscal quarter ends on a date set forth below below, to be less than the applicable amount set forth opposite such datebelow: June 30, 2003 $ 63,700,000 September 30, 2003 $ 76,200,000 December 31, 2003 $ 82,100,000 March 31, 2004 $ 90,000,000 June 30, 2004 $ 99,100,000 September 30, 2004 $ 108,000,000 December 31, 2004 $ 116,000,000 March 31, 2005 $ 47,000,000 125,000,000 June 30, 2005 $ 47,500,000 129,300,000 September 30, 2005 $ 48,000,000 134,000,000 December 31, 2005 $ 48,500,000 140,000,000 March 31, 2006 $ 48,500,000 145,000,000 June 30, 2006 $ 49,500,000 145,000,000 September 30, 2006 $ 51,000,000 150,000,000 December 31, 2006 $ 51,500,000 155,000,000 March 31, 2007 $ 51,500,000 160,000,000 June 30, 2007 $ 53,000,000 162,000,000 September 30, 2007 $ 54,000,000 165,000,000 December 31, 2007 $ 55,000,000 March 31, 2008 $ 55,000,000 June 30, 2008 $ 56,000,000 September 30, 2008 $ 57,500,000 December 31, 2008 and each fiscal quarter thereafter $ 58,000,000167,000,000 ”

Consolidated EBITDA. Permit Borrowers will not permit cumulative Consolidated EBITDA of the Parent and its Subsidiaries EBITDA, calculated on a Trailing Six (6) Fiscal Periods basis, for each any period of four (4) consecutive fiscal quarters of the Parent and its Subsidiaries for which ending on the last quarter ends on a date day of any Fiscal Period set forth below to be less than the applicable amount set forth opposite such dateFiscal Period: Fiscal Period/Year Amount ------------------ ------ September 1997 ($4,075,000) October 1997 ($3,350,000) November 1997 ($2,200,000) December 1997 $ 650,000 January 1998 $ 750,000 February 1998 $1,675,000 March 31, 2005 1998 $1,875,000 April 1998 $1,650,000 May 1998 $ 47,000,000 975,000 June 30, 2005 1998 ($1,450,000) July 1998 ($1,200,000) August 1998 ($1,850,000) September 1998 ($1,475,000) October 1998 ($ 47,500,000 375,000) November 1998 $1,375,000 December 1998 $ 5,450,000 January 1999 $ 5,550,000 February 1999 $ 6,550,000 March 1999 $ 6,750,000 April 1999 $ 6,300,000 May 1999 $ 5,175,000 June 1999 $ 1,250,000 July 1999 $ 1,550,000 August 1999 $ 675,000 September 30, 2005 1999 $ 48,000,000 1,150,000 October 1999 $ 2,625,000 November 1999 $ 4,900,000 December 31, 2005 1999 through May 2000 $ 48,500,000 March 31, 2006 $ 48,500,000 June 30, 2006 $ 49,500,000 September 30, 2006 $ 51,000,000 December 31, 2006 $ 51,500,000 March 31, 2007 $ 51,500,000 June 30, 2007 $ 53,000,000 September 30, 2007 $ 54,000,000 December 31, 2007 $ 55,000,000 March 31, 2008 $ 55,000,000 June 30, 2008 $ 56,000,000 September 30, 2008 $ 57,500,000 December 31, 2008 and each fiscal quarter thereafter $ 58,000,0007,000,000

Consolidated EBITDA. Permit Consolidated EBITDA of the Parent and its Subsidiaries for at the end of each twelve month period of four (4) consecutive fiscal quarters of the Parent and its Subsidiaries for which the last quarter ends ended on a date set forth below to be less than the applicable amount corresponding to such period set forth opposite such datebelow: Twelve-Month Period Ended Consolidated EBITDA ------------------------- ------------------- December 31, 2003 $ 95,300,000 January 31, 2004 $ 82,900,000 February 29, 2004 $ 86,400,000 March 31, 2004 $ 86,000,000 April 30, 2004 $100,800,000 May 31, 2004 $105,900,000 June 30, 2004 $103,300,000 July 31, 2004 $103,300,000 August 31, 2004 $104,500,000 September 30, 2004 $117,500,000 October 31, 2004 $117,400,000 November 30, 2004 $121,900,000 December 31, 2004 $132,100,000 January 31, 2005 $144,100,000 February 28, 2005 $145,000,000 March 31, 2005 $ 47,000,000 $152,200,000 April 30, 2005 $154,300,000 May 31, 2005 $155,700,000 June 30, 2005 $ 47,500,000 $158,000,000 July 31, 2005 $161,100,000 August 31, 2005 $163,500,000 September 30, 2005 $ 48,000,000 $163,300,000 October 31, 2005 $164,800,000 November 30, 2005 $159,700,000 December 31, 2005 $ 48,500,000 March 31, 2006 $ 48,500,000 June 30, 2006 $ 49,500,000 September 30, 2006 $ 51,000,000 December 31, 2006 $ 51,500,000 March 31, 2007 $ 51,500,000 June 30, 2007 $ 53,000,000 September 30, 2007 $ 54,000,000 December 31, 2007 $ 55,000,000 March 31, 2008 $ 55,000,000 June 30, 2008 $ 56,000,000 September 30, 2008 $ 57,500,000 December 31, 2008 and each fiscal quarter thereafter $ 58,000,000$160,200,000