Common use of Consolidated Fixed Charge Coverage Ratio Clause in Contracts

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such fiscal quarter: Consolidated Fixed Fiscal Quarter Charge Coverage Ratio -------------- --------------------- September 30, 1998 1.00 to 1.00 December 31, 1998 1.05 to 1.00 March 31, 1999 1.05 to 1.00 June 30, 1999 1.20 to 1.00 September 30, 1999 1.20 to 1.00 December 31, 1999 1.20 to 1.00 March 31, 2000 1.50 to 1.00 June 30, 2000 1.50 to 1.00 September 30, 2000 1.50 to 1.00 December 31, 2000 1.50 to 1.00 March 31, 2001 1.70 to 1.00 June 30, 2001 1.70 to 1.00 September 30, 2001 1.70 to 1.00 December 31, 2001 1.70 to 1.00 March 31, 2002 1.70 to 1.00 June 30, 2002 1.70 to 1.00 September 30, 2002 1.70 to 1.00 December 31, 2002 1.70 to 1.00 Thereafter 1.70 to 1.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters of the Borrower (or, if less, the number of full fiscal quarters subsequent to the Closing Date) ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such fiscal quarter: Consolidated Fixed Fiscal Quarter Charge Coverage Ratio -------------- --------------------- September 30, 1998 1.00 2005 1.25 to 1.00 December 31, 1998 1.05 2005 1.25 to 1.00 March 31, 1999 1.05 2006 1.25 to 1.00 June 30, 1999 1.20 2006 1.25 to 1.00 September 30, 1999 1.20 2006 1.25 to 1.00 December 31, 1999 1.20 2006 1.375 to 1.00 March 31, 2000 2007 1.50 to 1.00 June 30, 2000 2007 1.50 to 1.00 September 30, 2000 2007 1.50 to 1.00 December 31, 2000 2007 1.50 to 1.00 March 31, 2001 1.70 2008 1.50 to 1.00 June 30, 2001 1.70 2008 1.50 to 1.00 September 30, 2001 1.70 2008 1.50 to 1.00 December 31, 2001 1.70 2008 1.50 to 1.00 March 31, 2002 1.70 2009 1.50 to 1.00 June 30, 2002 1.70 2009 1.50 to 1.00 September 30, 2002 1.70 2009 1.50 to 1.00 December 31, 2002 1.70 2009 1.50 to 1.00 Thereafter 1.70 March 31, 2010 1.50 to 1.00 June 30, 2010 1.50 to 1.00 September 30, 2010 1.50 to 1.00 December 31, 2010 1.50 to 1.00 March 31, 2011 1.50 to 1.00 June 30, 2011 1.50 to 1.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated ---------------------------------------- Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters of the Borrower (or, if less, the number of full fiscal quarters subsequent to the Closing Date) ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such fiscal quarter: Consolidated Fixed Fiscal Quarter Charge Coverage Ratio -------------- --------------------- March 31, 2001 1.00 to 1.00 June 30, 2001 1.00 to 1.00 September 30, 1998 2001 1.00 to 1.00 December 31, 1998 1.05 to 2001 1.00 March 31, 1999 1.05 to 1.00 June 30, 1999 1.20 to 1.00 September 30, 1999 1.20 to 1.00 December 31, 1999 1.20 to 1.00 March 31, 2000 1.50 to 1.00 June 30, 2000 1.50 to 1.00 September 30, 2000 1.50 to 1.00 December 31, 2000 1.50 to 1.00 March 31, 2001 1.70 to 1.00 June 30, 2001 1.70 to 1.00 September 30, 2001 1.70 to 1.00 December 31, 2001 1.70 to 1.00 March 31, 2002 1.70 1.10 to 1.00 June 30, 2002 1.70 1.10 to 1.00 September 30, 2002 1.70 1.10 to 1.00 December 31, 2002 1.70 1.10 to 1.00 Thereafter 1.70 March 31, 2003 1.10 to 1.00 June 30, 2003 1.10 to 1.00 September 30, 2003 1.10 to 1.00 December 31, 2003 1.10 to 1.00 March 31, 2004 1.10 to 1.00 June 30, 2004 1.10 to 1.00 September 30, 2004 1.10 to 1.00

Consolidated Fixed Charge Coverage Ratio. Permit Commencing with the last day of the first full fiscal quarter commencing after the Closing Date, permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such fiscal quarter: Fiscal Quarter Consolidated Fixed Fiscal Quarter Charge Coverage Ratio -------------- --------------------- March 31, 2004 1.25:1.00 June 30, 2004 1.25:1.00 September 30, 1998 1.00 to 1.00 2004 1.25:1.00 December 31, 1998 1.05 to 1.00 2004 1.25:1.00 March 31, 1999 1.05 to 1.00 2005 1.25:1.00 June 30, 1999 1.20 to 1.00 2005 1.25:1.00 September 30, 1999 1.20 to 1.00 2005 1.25:1.00 December 31, 1999 1.20 to 1.00 2005 1.25:1.00 March 31, 2000 1.50 to 1.00 2006 1.25:1.00 June 30, 2000 1.50 to 1.00 2006 1.25:1.00 September 30, 2000 1.50 to 1.00 2006 1.25:1.00 December 31, 2000 1.50 to 1.00 2006 1.25:1.00 March 31, 2001 1.70 to 1.00 2007 1.25:1.00 June 30, 2001 1.70 to 1.00 2007 1.25:1.00 September 30, 2001 1.70 to 1.00 2007 1.25:1.00 December 31, 2001 1.70 to 1.00 2007 1.25:1.00 March 31, 2002 1.70 to 1.00 2008 1.25:1.00 June 30, 2002 1.70 to 1.00 2008 1.25:1.00 September 30, 2002 1.70 to 1.00 2008 1.25:1.00 December 31, 2002 1.70 to 1.00 Thereafter 1.70 to 1.002008 1.25:1.00 March 31, 2009 1.25:1.00 June 30, 2009 1.25:1.00 September 30, 2009 1.25:1.00 December 31, 2009 1.25:1.00 March 31, 2010 1.25:1.00 June 30, 2010 1.25:1.00 September 30, 2010 1.25:1.00 December 31, 2010 1.25:1.00

Consolidated Fixed Charge Coverage Ratio. Permit Loan Parties and their Subsidiaries shall maintain, on a consolidated basis, as at the end of each Fiscal Quarter set forth below, a Consolidated Fixed Charge Coverage Ratio (calculated as at the end of each such Fiscal Quarter for any the period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below to be Fiscal Quarters then ended) in an amount not less than the ratio amount specified for the end of such Fiscal Quarter set forth below opposite such fiscal quarterbelow: Fiscal Quarter End Minimum Consolidated Fixed Fiscal Quarter Charge Coverage Ratio -------------- --------------------- March 31, 2019 0.65 to 1.00 June 30, 2019 0.70 to 1.00 September 30, 1998 1.00 2019 0.85 to 1.00 December 31, 1998 1.05 2019 0.95 to 1.00 March 31, 1999 1.05 2020 1.00 to 1.00 June 30, 1999 1.20 2020 0.95 to 1.00 September 30, 1999 1.20 2020 0.70 to 1.00 December 31, 1999 1.20 2020 0.95 to 1.00 March 31, 2000 2021 1.10 to 1.00 June 30, 2021 1.25 to 1.00 September 30, 2021 1.25 to 1.00 December 31, 2021 1.25 to 1.00 March 31, 2022 1.50 to 1.00 June 30, 2000 2022 1.50 to 1.00 September 30, 2000 2022 1.50 to 1.00 December 31, 2000 2022 1.50 to 1.00 March 31, 2001 1.70 2023 1.50 to 1.00 June 30, 2001 1.70 2023 1.50 to 1.00 September 30, 2001 1.70 to 1.00 December 31, 2001 1.70 to 1.00 March 31, 2002 1.70 to 1.00 June 30, 2002 1.70 to 1.00 September 30, 2002 1.70 to 1.00 December 31, 2002 1.70 to 1.00 Thereafter 1.70 2023 and each Fiscal Quarter end thereafter (if any) 1.50 to 1.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters of the Borrower (or, if less, the number of full fiscal quarters subsequent to the Closing Date) ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such fiscal quarter: Consolidated Fixed Fiscal Quarter Charge Coverage Ratio -------------- --------------------- September 30December, 1998 1.00 to 1.00 December 31, 1998 1.05 to 1.00 March 31, 1999 1.05 to 1.00 June 30, 1999 1.20 to 1.00 September 30, 1999 1.20 to 1.00 December 31, 1999 1.20 to 1.10 : 1.00 March 31, 2000 1.50 to 1.10 : 1.00 June 30, 2000 1.50 to 1.10 : 1.00 September 30, 2000 1.50 to 1.10 : 1.00 December 31, 2000 1.50 to 1.10 : 1.00 March 31, 2001 1.70 to 1.10 : 1.00 June 30, 2001 1.70 to 1.10 : 1.00 September 30, 2001 1.70 to 1.10 : 1.00 December 31, 2001 1.70 to 1.10 : 1.00 March 31, 2002 1.70 to 1.10 : 1.00 June 30, 2002 1.70 to 1.10 : 1.00 September 30, 2002 1.70 to 1.10 : 1.00 December 31, 2002 1.70 to 1.10 : 1.00 Thereafter 1.70 to March 31, 2003 1.10 : 1.00 June 30, 2003 1.10 : 1.00 September 30, 2003 1.10 : 1.00 December 31, 2003 1.10 : 1.00 March 31, 2004 1.10 : 1.00 June 30, 2004 1.20 : 1.00 September 30, 2004 1.20 : 1.00 December 31, 2004 1.20 : 1.00 March 31, 2005 1.20 : 1.00 June 30, 2005 1.20 : 1.00 September 30, 2005 1.20 : 1.00 December 31, 2005 1.20 : 1.00 March 31, 2006 1.20 : 1.00 June 30, 2006 1.20 : 1.00 September 30, 2006 1.20 : 1.00 December 31, 2006 1.20 : 1.00 March 31, 2007 1.20 : 1.00 June 30, 2007 1.20 : 1.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such fiscal quarter: Consolidated Fixed Fiscal Quarter Charge Coverage Ratio -------------- --------------------- March 31, 2007 0.75 to 1.00 June 30, 2007 0.75 to 1.00 September 30, 1998 2007 0.75 to 1.00 December 31, 2007 0.75 to 1.00 March 31, 2008 0.80 to 1.00 June 30, 2008 0.90 to 1.00 September 30, 2008 0.90 to 1.00 December 31, 2008 0.90 to 1.00 March 31, 2009 0.95 to 1.00 June 30, 2009 0.95 to 1.00 September 30, 2009 0.975 to 1.00 December 31, 2009 0.975 to 1.00 March 31, 2010 1.00 to 1.00 June 30, 2010 1.00 to 1.00 September 30, 2010 1.00 to 1.00 December 31, 1998 2010 1.00 to 1.00 March 31, 2011 1.05 to 1.00 June 30, 2011 1.05 to 1.00 September 30, 2011 1.05 to 1.00 December 31, 2011 1.05 to 1.00 March 31, 1999 1.05 2012 1.10 to 1.00 June 30, 1999 1.20 2012 1.10 to 1.00 September 30, 1999 1.20 2012 1.10 to 1.00 December 31, 1999 1.20 2012 1.10 to 1.00 March 31, 2000 1.50 2013 1.10 to 1.00 June 30, 2000 1.50 2013 1.10 to 1.00 September 30, 2000 1.50 2013 1.10 to 1.00 December 31, 2000 1.50 2013 1.10 to 1.00 Consolidated Fixed Fiscal Quarter Charge Coverage Ratio March 31, 2001 1.70 to 1.00 June 30, 2001 1.70 to 1.00 September 30, 2001 1.70 to 1.00 December 31, 2001 1.70 to 1.00 March 31, 2002 1.70 to 1.00 June 30, 2002 1.70 to 1.00 September 30, 2002 1.70 to 1.00 December 31, 2002 1.70 to 1.00 Thereafter 1.70 2014 1.10 to 1.00

Consolidated Fixed Charge Coverage Ratio. Permit Loan Parties and their Subsidiaries shall maintain, on a consolidated basis, as at the end of each Fiscal Quarter set forth below, a Consolidated Fixed Charge Coverage Ratio (calculated as at the end of each such Fiscal Quarter for any the period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below to be Fiscal Quarters then ended) in an amount not less than the ratio amount specified for the end of such Fiscal Quarter set forth below opposite such fiscal quarterbelow: Fiscal Quarter End Minimum Consolidated Fixed Fiscal Quarter Charge Coverage Ratio -------------- --------------------- March 31, 2019 0.65 to 1.00 June 30, 2019 0.70 to 1.00 September 30, 1998 1.00 2019 0.85 to 1.00 December 31, 1998 1.05 2019 0.95 to 1.00 March 31, 1999 1.05 2020 1.25 to 1.00 June 30, 1999 1.20 2020 1.25 to 1.00 September 30, 1999 1.20 2020 1.25 to 1.00 December 31, 1999 1.20 2020 1.25 to 1.00 March 31, 2000 2021 1.50 to 1.00 June 30, 2000 2021 1.50 to 1.00 September 30, 2000 2021 1.50 to 1.00 December 31, 2000 2021 1.50 to 1.00 March 31, 2001 1.70 2022 1.50 to 1.00 June 30, 2001 1.70 2022 1.50 to 1.00 September 30, 2001 1.70 2022 1.50 to 1.00 December 31, 2001 1.70 2022 1.50 to 1.00 March 31, 2002 1.70 2023 1.50 to 1.00 June 30, 2002 1.70 2023 1.50 to 1.00 September 30, 2002 1.70 to 1.00 December 31, 2002 1.70 to 1.00 Thereafter 1.70 2023 and each Fiscal Quarter end thereafter (if any) 1.50 to 1.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below to be less than (i) 1.10:1.00 for any such period ending in 2011, (ii) 1.20:1.00 for any such period ending in 2012 through the day prior to the Second Amendment Effective Date and (iii) for any such period ending on and after the Second Amendment Effective Date the ratio set forth below opposite such fiscal quarter: Consolidated Fixed Fiscal Quarter Fixed Charge Coverage Ratio -------------- --------------------- September 30, 1998 1.00 to 1.00 2013 1.29:1.00 December 31, 1998 1.05 to 1.00 2013 1.32:1.00 March 31, 1999 1.05 to 1.00 2014 1.25:1.00 June 30, 1999 1.20 to 1.00 2014 1.31:1.00 September 30, 1999 1.20 to 1.00 2014 1.32:1.00 December 31, 1999 1.20 to 1.00 2014 1.38:1.00 March 31, 2000 1.50 to 1.00 2015 1.46:1.00 June 30, 2000 1.50 to 1.00 2015 1.55:1.00 September 30, 2000 1.50 to 1.00 2015 1.68:1.00 December 31, 2000 1.50 to 1.00 2015 1.76:1.00 March 31, 2001 1.70 to 1.00 2016 1.84:1.00 June 30, 2001 1.70 to 1.00 2016 1.94:1.00 September 30, 2001 1.70 to 1.00 2016 2.10:1.00 December 31, 2001 1.70 to 1.00 2016 2.22:1.00 March 31, 2002 1.70 to 1.00 2017 2.31:1.00 June 30, 2002 1.70 to 1.00 2017 2.44:1.00 September 30, 2002 1.70 to 1.00 2017 2.65:1.00 December 31, 2002 1.70 to 1.00 Thereafter 1.70 to 1.002017 and 2.82:1.00” each fiscal quarter thereafter

Consolidated Fixed Charge Coverage Ratio. Permit The Borrower will not permit the Consolidated Fixed Charge Coverage Ratio for any the period of four consecutive fiscal quarters of the Borrower ending with most recently ended on or prior to any fiscal quarter set forth below day during a Financial Covenant Effectiveness Period to be less than the ratio set forth below opposite the period that includes the last day of such fiscal quarterfour quarter period: Consolidated Fixed Four Fiscal Quarter Charge Coverage Period Ending Ratio -------------- --------------------- December 3, 2006 through March 3, 2007 1.00 to 1.00 March 4, 2007 through June 2, 2007 1.00 to 1.00 June 3, 2007 through September 301, 1998 2007 1.00 to 1.00 September 2, 2007 through December 1, 2007 1.00 to 1.00 December 2, 2007 through March 1, 2008 1.00 to 1.00 March 2, 2008 through May 31, 1998 2008 1.00 to 1.00 June 1, 2008 through August 30, 2008 1.00 to 1.00 August 31, 2008 through November 29, 2008 1.05 to 1.00 November 30, 2008 through February 28, 2009 1.05 to 1.00 March 311, 1999 2009 through May 30, 2009 1.05 to 1.00 June May 31, 2009 through August 29, 2009 1.05 to 1.00 August 30, 1999 1.20 2009 through November 28, 2009 1.05 to 1.00 September November 29, 2009 through February 27, 2010 1.15 to 1.00 February 28, 2010 through May 29, 2010 1.15 to 1.00 May 30, 1999 1.20 2010 through August 28, 2010 1.15 to 1.00 December 31August 29, 1999 1.20 2010 through November 27, 2010 1.15 to 1.00 March 31November 28, 2000 1.50 2010 through February 26, 2011 1.15 to 1.00 June 30February 27, 2000 1.50 2011 through May 28, 2011 1.15 to 1.00 September 30May 29, 2000 1.50 to 1.00 December 31, 2000 1.50 to 1.00 March 31, 2001 1.70 to 1.00 June 30, 2001 1.70 to 1.00 September 30, 2001 1.70 to 1.00 December 31, 2001 1.70 to 1.00 March 31, 2002 1.70 to 1.00 June 30, 2002 1.70 to 1.00 September 30, 2002 1.70 to 1.00 December 31, 2002 1.70 to 1.00 Thereafter 1.70 2011 through the Xxxxxxx 0 Xxxx Xxxxxxxx Date 1.25 to 1.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such fiscal quarter: Fiscal Quarter Consolidated Fixed Fiscal Quarter Charge Coverage Ratio -------------- --------------------- March 31, 2006 1.25 to 1:00 June 30, 2006 1.25 to 1:00 September 30, 1998 1.00 2006 1.30 to 1.00 1:00 December 31, 1998 1.05 2006 1.30 to 1.00 1:00 March 31, 1999 1.05 2007 1.35 to 1.00 1:00 June 30, 1999 1.20 2007 1.35 to 1.00 1:00 September 30, 1999 1.20 2007 1.40 to 1.00 1:00 December 31, 1999 1.20 2007 1.40 to 1.00 1:00 March 31, 2000 1.50 2008 1.40 to 1.00 1:00 June 30, 2000 2008 1.50 to 1.00 1:00 September 30, 2000 2008 1.50 to 1.00 1:00 December 31, 2000 2008 1.50 to 1.00 1:00 March 31, 2001 1.70 2009 1.50 to 1.00 1:00 June 30, 2001 1.70 2009 1.65 to 1.00 1:00 September 30, 2001 1.70 2009 1.65 to 1.00 1:00 December 31, 2001 1.70 2009 1.65 to 1.00 1:00 March 31, 2002 1.70 2010 1.65 to 1.00 1:00 June 30, 2002 1.70 2010 1.65 to 1.00 1:00 September 30, 2002 1.70 2010 1.65 to 1.00 1:00 December 31, 2002 1.70 2010 1.65 to 1.00 Thereafter 1.70 1:00 March 30, 2011 1.65 to 1.001:00

Consolidated Fixed Charge Coverage Ratio. Permit the ---------------------------------------- Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters of the Borrower (or, in the case of each of the fiscal quarters ending June 30, 2000, September 30, 2000, December 31, 2000, March 31, 2001 and June 30, 2001, for such fiscal quarter) ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such fiscal quarter: Consolidated Fixed Fiscal Quarter Charge Coverage Ratio -------------- --------------------- June 30, 2000 1.00 to 1.00 September 30, 1998 2000 1.00 to 1.00 December 31, 1998 1.05 to 2000 1.00 March 31, 1999 1.05 to 1.00 June 30, 1999 1.20 to 1.00 September 30, 1999 1.20 to 1.00 December 31, 1999 1.20 to 1.00 March 31, 2000 1.50 to 1.00 June 30, 2000 1.50 to 1.00 September 30, 2000 1.50 to 1.00 December 31, 2000 1.50 to 1.00 March 31, 2001 1.70 1.00 to 1.00 June 30, 2001 1.70 1.00 to 1.00 September 30, 2001 1.70 1.00 to 1.00 December 31, 2001 1.70 1.00 to 1.00 March 31, 2002 1.70 1.00 to 1.00 June 30, 2002 1.70 1.00 to 1.00 September 30, 2002 1.70 1.00 to 1.00 December 31, 2002 1.70 1.00 to 1.00 Thereafter 1.70 March 31, 2003 1.00 to 1.00 June 30, 2003 1.00 to 1.00 September 30, 2003 1.00 to 1.00 December 31, 2003 1.00 to 1.00 March 31, 2004 1.00 to 1.00 June 30, 2004 1.00 to 1.00 September 30, 2004 1.00 to 1.00"

Consolidated Fixed Charge Coverage Ratio. Permit The Borrower will not permit the Consolidated Fixed Charge Coverage Ratio for any the period of four consecutive fiscal quarters of the Borrower ending with most recently ended on or prior to any fiscal quarter set forth below day during a Financial Covenant Effectiveness Period to be less than the ratio set forth below opposite the period that includes the last day of such fiscal quarterfour quarter period: Consolidated Fixed Four Fiscal Quarter Charge Coverage Period Ending Ratio -------------- --------------------- December 3, 2006 through March 3, 2007 1.00 to 1.00 March 4, 2007 through June 2, 2007 1.00 to 1.00 June 3, 2007 through September 301, 1998 2007 1.00 to 1.00 September 2, 2007 through December 1, 2007 1.00 to 1.00 December 2, 2007 through March 1, 2008 1.00 to 1.00 March 2, 2008 through May 31, 1998 2008 1.00 to 1.00 June 1, 2008 through August 30, 2008 1.00 to 1.00 August 31, 2008 through February 28, 2010 1.05 to 1.00 March 311, 1999 1.05 to 1.00 June 30, 1999 1.20 to 1.00 September 30, 1999 1.20 to 1.00 December 31, 1999 1.20 to 1.00 March 31, 2000 1.50 to 1.00 June 30, 2000 1.50 to 1.00 September 30, 2000 1.50 to 1.00 December 31, 2000 1.50 to 1.00 March 31, 2001 1.70 to 1.00 June 30, 2001 1.70 to 1.00 September 30, 2001 1.70 to 1.00 December 31, 2001 1.70 to 1.00 March 31, 2002 1.70 to 1.00 June 30, 2002 1.70 to 1.00 September 30, 2002 1.70 to 1.00 December 31, 2002 1.70 to 1.00 Thereafter 1.70 2010 through the Latest Maturity Date 1.10 to 1.00

Consolidated Fixed Charge Coverage Ratio. Permit The Borrower will not permit the Consolidated Fixed Charge Coverage Ratio for any the period of four consecutive fiscal quarters of the Borrower ending with most recently ended on or prior to any fiscal quarter set forth below day during a Financial Covenant Effectiveness Period to be less than the ratio set forth below opposite the period that includes the last day of such fiscal quarterfour quarter period: Consolidated Fixed Four Fiscal Quarter Charge Coverage Period Ending Ratio -------------- --------------------- --------------------------------- ----- September 303, 1998 1.00 2006 through December 2, 2006 1.10 to 1.00 December 313, 1998 1.05 2006 through March 3, 2007 1.15 to 1.00 March 314, 1999 1.05 2007 through June 2, 2007 1.15 to 1.00 June 303, 1999 2007 through September 1, 2007 1.15 to 1.00 September 2, 2007 through December 1, 2007 1.15 to 1.00 December 2, 2007 through March 1, 2008 1.15 to 1.00 March 2, 2008 through May 31, 2008 1.20 to 1.00 September June 1, 2008 through August 30, 1999 2008 1.20 to 1.00 December August 31, 1999 2008 through November 29, 2008 1.20 to 1.00 November 30, 2008 through February 28, 2009 1.20 to 1.00 March 1, 2009 through May 30, 2009 1.25 to 1.00 May 31, 2000 1.50 2009 through August 29, 2009 1.25 to 1.00 June August 30, 2000 1.50 2009 through November 28, 2009 1.25 to 1.00 September November 29, 2009 through February 27, 2010 1.25 to 1.00 February 28, 2010 through May 29, 2010 1.25 to 1.00 May 30, 2000 1.50 2010 through August 28, 2010 1.25 to 1.00 December 31August 29, 2000 1.50 to 1.00 March 31, 2001 1.70 to 1.00 June 30, 2001 1.70 to 1.00 September 30, 2001 1.70 to 1.00 December 31, 2001 1.70 to 1.00 March 31, 2002 1.70 to 1.00 June 30, 2002 1.70 to 1.00 September 30, 2002 1.70 to 1.00 December 31, 2002 1.70 to 1.00 Thereafter 1.70 2010 through the Maturity Date 1.25 to 1.00

Consolidated Fixed Charge Coverage Ratio. Permit The Borrower will not permit the Consolidated Fixed Charge Coverage Ratio for any the period of four consecutive fiscal quarters of the Borrower ending with most recently ended on or prior to any fiscal quarter set forth below day during a Financial Covenant Effectiveness Period to be less than the ratio set forth below opposite the period that includes the last day of such fiscal quarterfour quarter period: Consolidated Fixed Four Fiscal Quarter Charge Coverage Period Ending Ratio -------------- --------------------- --------------------------------- ----- December 3, 2006 through March 3, 2007 1.00 to 1.00 March 4, 2007 through June 2, 2007 1.00 to 1.00 June 3, 2007 through September 301, 1998 2007 1.00 to 1.00 September 2, 2007 through December 1, 2007 1.00 to 1.00 December 2, 2007 through March 1, 2008 1.00 to 1.00 March 2, 2008 through May 31, 1998 2008 1.00 to 1.00 June 1, 2008 through August 30, 2008 1.00 to 1.00 August 31, 2008 through November 29, 2008 1.05 to 1.00 November 30, 2008 through February 28, 2009 1.05 to 1.00 March 311, 1999 2009 through May 30, 2009 1.05 to 1.00 June May 31, 2009 through August 29, 2009 1.05 to 1.00 August 30, 1999 1.20 2009 through November 28, 2009 1.05 to 1.00 September November 29, 2009 through February 27, 2010 1.15 to 1.00 February 28, 2010 through May 29, 2010 1.15 to 1.00 May 30, 1999 1.20 2010 through August 28, 2010 1.15 to 1.00 December 31August 29, 1999 1.20 2010 through November 27, 2010 1.15 to 1.00 March 31November 28, 2000 1.50 2010 through February 26, 2011 1.15 to 1.00 June 30February 27, 2000 1.50 2011 through May 28, 2011 1.15 to 1.00 September 30May 29, 2000 1.50 to 1.00 December 31, 2000 1.50 to 1.00 March 31, 2001 1.70 to 1.00 June 30, 2001 1.70 to 1.00 September 30, 2001 1.70 to 1.00 December 31, 2001 1.70 to 1.00 March 31, 2002 1.70 to 1.00 June 30, 2002 1.70 to 1.00 September 30, 2002 1.70 to 1.00 December 31, 2002 1.70 to 1.00 Thereafter 1.70 2011 through the Tranche 2 Term Maturity Date 1.25 to 1.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such fiscal quarter: Consolidated ------------ Fixed Charge Coverage --------------------- Fiscal Quarter Charge Coverage Ratio -------------- --------------------- September 30, 1998 1.00 to 1.00 December 31, 1998 1.05 to 1.00 March 31, 1999 1.05 to 1.00 June 30, 1999 1.20 to 1.00 September 30, 1999 1.20 to 1.00 December 31, 1999 1.20 to 1.00 March 31, 2000 1.50 to 1.00 June 30, 2000 1.50 to 1.00 September 30, 2000 1.50 to 1.00 December 31, 2000 1.50 to 1.00 March 31, 2001 1.70 to 1.00 June 30, 2001 1.70 to 1.00 September 30, 2001 1.70 to 1.00 December 31, 2001 1.70 to 1.00 March 31, 2002 1.70 to 1.00 June 30, 2002 1.70 to 1.00 ----- September 30, 2002 1.70 2.50 to 1.00 December 31, 2002 1.70 2.50 to 1.00 Thereafter 1.70 March 31, 2003 2.50 to 1.00 June 30, 2003 2.50 to 1.00 September 30, 2003 2.50 to 1.00 December 31, 2003 3.25 to 1.00 March 31, 2004 3.25 to 1.00 June 30, 2004 3.25 to 1.00 September 30, 2004 3.25 to 1.00 December 31, 2004 3.50 to 1.00 March 31, 2005 3.50 to 1.00 June 30, 2005 3.50 to 1.00 September 30, 2005 3.50 to 1.00 December 31, 2005 4.00 to 1.00 March 31, 2006 4.00 to 1.00 June 30, 2006 4.00 to 1.00 September 30, 2006 4.00 to 1.00 December 31, 2006 4.00 to 1.00 March 31, 2007 4.00 to 1.00 June 30, 2007 4.00 to 1.00 September 30, 2007 4.00 to 1.00 December 31, 2007 4.00 to 1.00 March 31, 2008 4.00 to 1.00 June 30, 2008 and thereafter 3.50 to 1.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters of the Borrower Holdings ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such fiscal quarter: Consolidated Fixed Fiscal Quarter Ending Charge Coverage Ratio -------------- --------------------- March 31, 2011 1.40 to 1.00 June 30, 2011 1.40 to 1.00 September 30, 1998 1.00 2011 1.45 to 1.00 December 31, 1998 1.05 2011 1.45 to 1.00 March 31, 1999 1.05 to 1.00 June 30, 1999 1.20 to 1.00 September 30, 1999 1.20 to 1.00 December 31, 1999 1.20 to 1.00 March 31, 2000 2012 1.50 to 1.00 June 30, 2000 2012 1.50 to 1.00 September 30, 2000 1.50 2012 1.55 to 1.00 December 31, 2000 1.50 2012 1.55 to 1.00 March 31, 2001 1.70 2013 1.60 to 1.00 June 30, 2001 1.70 2013 1.60 to 1.00 September 30, 2001 1.70 2013 1.75 to 1.00 December 31, 2001 1.70 2013 1.75 to 1.00 March 31, 2002 1.70 2014 1.75 to 1.00 June 30, 2002 1.70 2014 1.75 to 1.00 September 30, 2002 1.70 2014, and thereafter 1.75 to 1.00 December 31-76- ; and provided that for purposes of this Section 7.1(b), 2002 1.70 to 1.00 Thereafter 1.70 to 1.00the covenant set forth above shall be determined on a Pro Forma Basis.

Consolidated Fixed Charge Coverage Ratio. Permit The Borrower will not permit the Consolidated Fixed Charge Coverage Ratio for any the period of four consecutive fiscal quarters of the Borrower ending with most recently ended on or prior to any fiscal quarter set forth below day during a Financial Covenant Effectiveness Period to be less than the ratio set forth below opposite the period that includes the last day of such fiscal quarterfour quarter period: Consolidated Fixed Four Fiscal Quarter Charge Coverage Period Ending Ratio -------------- --------------------- September --------------------------------- ----- May 30, 1998 2004 through August 28, 2004 1.05 to 1.00 August 29, 2004 through November 27, 2004 1.05 to 1.00 November 28, 2004 through February 26, 2005 1.05 to 1.00 February 27, 2005 through May 28, 2005 1.05 to 1.00 May 29, 2005 through August 27, 2005 1.05 to 1.00 August 28, 2005 through November 26, 2005 1.05 to 1.00 November 27, 2005 through March 4, 2006 1.10 to 1.00 March 5, 2006 through June 3, 2006 1.10 to 1.00 June 4, 2006 through September 2, 2006 1.10 to 1.00 September 3, 2006 through December 2, 2006 1.10 to 1.00 December 313, 1998 1.05 2006 through March 3, 2007 1.15 to 1.00 March 4, 2007 through September 1, 2007 1.15 to 1.00 September 2, 2007 through December 1, 2007 1.15 to 1.00 December 2, 2007 through March 1, 2008 1.15 to 1.00 March 2, 2008 through May 31, 1999 1.05 2008 1.20 to 1.00 June 1, 2008 through August 30, 1999 2008 1.20 to 1.00 September 30August 31, 1999 2008 through November 29, 2008 1.20 to 1.00 December 31November 30, 1999 2008 through February 28, 2009 1.20 to 1.00 March 1, 2009 through May 30, 2009 1.25 to 1.00 May 31, 2000 1.50 2009 through August 29, 2009 1.25 to 1.00 June 30, 2000 1.50 to 1.00 September 30, 2000 1.50 to 1.00 December 31, 2000 1.50 to 1.00 March 31, 2001 1.70 to 1.00 June 30, 2001 1.70 to 1.00 September 30, 2001 1.70 to 1.00 December 31, 2001 1.70 to 1.00 March 31, 2002 1.70 to 1.00 June 30, 2002 1.70 to 1.00 September 30, 2002 1.70 to 1.00 December 31, 2002 1.70 to 1.00 Thereafter 1.70 to 1.00SECTION 6.15. [Intentionally Omitted]

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such fiscal quarter: Consolidated Fixed Fiscal Quarter Charge Coverage Ratio -------------- ------------------ --------------------- December 31, 2003 1.45 to 1.00 March 31, 2004 1.45 to 1.00 June 30, 2004 1.35 to 1.00 September 30, 1998 1.00 2004 1.35 to 1.00 December 31, 1998 1.05 2004 1.35 to 1.00 March 31, 1999 1.05 2005 1.30 to 1.00 June 30, 1999 1.20 2005 1.30 to 1.00 September 30, 1999 1.20 2005 1.30 to 1.00 December 31, 1999 1.20 2005 1.35 to 1.00 March 31, 2000 1.50 2006 1.35 to 1.00 June 30, 2000 1.50 2006 1.35 to 1.00 September 30, 2000 1.50 2006 1.35 to 1.00 December 31, 2000 1.50 2006 1.35 to 1.00 March 31, 2001 1.70 2007 1.35 to 1.00 June 30, 2001 1.70 2007 1.35 to 1.00 September 30, 2001 1.70 2007 1.35 to 1.00 December 31, 2001 1.70 2007 1.35 to 1.00 March 31, 2002 1.70 2008 0.85 to 1.00 June 30, 2002 1.70 2008 0.85 to 1.00 September 30, 2002 1.70 2008 0.85 to 1.00 December 31, 2002 1.70 to 1.00 Thereafter 1.70 2008 0.85 to 1.00

Consolidated Fixed Charge Coverage Ratio. Permit The Borrower will not permit the Consolidated Fixed Charge Coverage Ratio for any period Test Period ending on the last day of four consecutive a fiscal quarters quarter of the Borrower ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such fiscal quarterquarter below: Consolidated Fixed Fiscal Quarter Charge Coverage Ending On Ratio -------------- --------------------- September 30, 1998 1.00 to 1.00 2003 1.25:1.00 December 31, 1998 1.05 to 1.00 2003 1.50:1.00 March 31, 1999 1.05 to 1.00 2004 1.50:1.00 June 30, 1999 1.20 to 1.00 2004 1.50:1.00 September 30, 1999 1.20 to 1.00 2004 1.50:1.00 December 31,2004 1.50:1.00 March 31, 2005 2.00:1.00 Xxxxxx Xxxxxxx Xxxxxx Xx Ratio June 30, 2005 2.00:1.00 September 30, 2005 2.00:1.00 December 31, 1999 1.20 to 1.00 2005 2.00:1.00 March 31, 2000 1.50 to 1.00 2006 2.00:1.00 June 30, 2000 1.50 to 1.00 2006 2.00:1.00 September 30, 2000 1.50 to 1.00 2006 2.00:1.00 December 31, 2000 1.50 to 1.00 2006 2.00:1.00 March 31, 2001 1.70 to 1.00 2007 2.00:1.00 June 30, 2001 1.70 to 1.00 2007 2.00:1.00 September 30, 2001 1.70 to 1.00 2007 2.00:1.00 December 31, 2001 1.70 to 1.00 2007 2.00:1.00 March 31, 2002 1.70 to 1.00 2008 2.00:1.00 June 30, 2002 1.70 to 1.00 2008 2.00:1.00 September 30, 2002 1.70 to 1.00 December 31, 2002 1.70 to 1.00 Thereafter 1.70 to 1.002008 2.00:1.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such fiscal quarter: Consolidated Fixed Fiscal Quarter Charge Coverage Ratio -------------- --------------------- June 30, 2003 2.50 to 1.00 September 30, 1998 1.00 2003 2.50 to 1.00 December 31, 1998 1.05 2003 3.25 to 1.00 March 31, 1999 1.05 2004 3.25 to 1.00 June 30, 1999 1.20 2004 3.50 to 1.00 September 30, 1999 1.20 2004 3.50 to 1.00 December 31, 1999 1.20 2004 3.75 to 1.00 March 31, 2000 1.50 2005 3.75 to 1.00 June 30, 2000 1.50 2005 3.75 to 1.00 September 30, 2000 1.50 2005 3.75 to 1.00 December 31, 2000 1.50 2005 4.00 to 1.00 March 31, 2001 1.70 2006 4.00 to 1.00 June 30, 2001 1.70 2006 4.00 to 1.00 September 30, 2001 1.70 2006 4.00 to 1.00 December 31, 2001 1.70 2006 4.00 to 1.00 March 31, 2002 1.70 2007 4.00 to 1.00 June 30, 2002 1.70 2007 4.00 to 1.00 September 30, 2002 1.70 2007 4.00 to 1.00 December 31, 2002 1.70 2007 4.00 to 1.00 Thereafter 1.70 March 31, 2008 4.00 to 1.00 June 30, 2008 and thereafter 4.00 to 1.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters of the Borrower ending with as of any fiscal quarter date set forth below to be less than the ratio set forth below opposite such fiscal quarterdate: Consolidated Fixed Fiscal Quarter Charge Date Coverage Ratio -------------- --------------------- June 30, 1997 1.05 to 1.00 September 30, 1997 1.05 to 1.00 December 31, 1997 1.05 to 1.00 March 31, 1998 1.05 to 1.00 June 30, 1998 1.05 to 1.00 September 30, 1998 1.00 1.05 to 1.00 December 31, 1998 1.05 to 1.00 March 31, 1999 1.05 1.10 to 1.00 June 30, 1999 1.20 1.10 to 1.00 September 30, 1999 1.20 1.10 to 1.00 December 31, 1999 1.20 1.10 to 1.00 March 31, 2000 1.50 1.10 to 1.00 June 30, 2000 1.50 1.10 to 1.00 September 30, 2000 1.50 1.10 to 1.00 December 31, 2000 1.50 1.10 to 1.00 March 31, 2001 1.70 1.10 to 1.00 June 30, 2001 1.70 1.10 to 1.00 September 30, 2001 1.70 1.10 to 1.00 December 31, 2001 1.70 1.10 to 1.00 March 31, 2002 1.70 1.10 to 1.00 June 30, 2002 1.70 1.10 to 1.00 September 30, 2002 1.70 1.10 to 1.00 December 31, 2002 1.70 1.10 to 1.00 Thereafter 1.70 March 31, 2003 1.10 to 1.00 June 30, 2003 1.10 to 1.00 September 30, 2003 1.10 to 1.00 December 31, 2003 1.10 to 1.00 March 31, 2004 1.10 to 1.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for as of the end of any period of four consecutive fiscal quarters quarter of the Borrower ending with occurring during any fiscal quarter period set forth below to be less than the ratio set forth below opposite such fiscal quarterperiod: Period Minimum Consolidated Fixed Fiscal Quarter Charge Coverage Ratio -------------- --------------------- December 28, 2009 through March 28, 2010 1.80 to 1.00 March 29, 2010 through June 27, 2010 1.40 to 1.00 June 28, 2010 through September 3026, 1998 2010 1.20 to 1.00 September 27, 2010 through December 26, 2010 1.00 to 1.00 December 3127, 1998 1.05 2010 through March 27, 2011 0.95 to 1.00 March 3128, 1999 1.05 2011 through June 26, 2011 0.95 to 1.00 June 3027, 1999 1.20 2011 through September 25, 2011 0.95 to 1.00 September 3026, 1999 1.20 2011 through December 25, 2011 0.95 to 1.00 December 3126, 1999 2011 through March 25, 2012 1.20 to 1.00 March 3126, 2000 1.50 2012 through June 24, 2012 1.40 to 1.00 June 3025, 2000 1.50 2012 through September 23, 2012 1.60 to 1.00 September 24, 2012 through December 30, 2000 1.50 to 1.00 December 31, 2000 1.50 to 1.00 March 31, 2001 1.70 to 1.00 June 30, 2001 1.70 to 1.00 September 30, 2001 1.70 to 1.00 December 31, 2001 1.70 to 1.00 March 31, 2002 1.70 to 1.00 June 30, 2002 1.70 to 1.00 September 30, 2002 1.70 to 1.00 December 31, 2002 1.70 to 1.00 Thereafter 1.70 2012 and thereafter 1.80 to 1.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such fiscal quarter: Fiscal Quarter Consolidated Fixed Fiscal Quarter Charge Coverage Ratio -------------- --------------------- March 31, 2006 1.35 to 1:00 June 30, 2006 1.35 to 1:00 September 30, 1998 1.00 2006 1.40 to 1.00 1:00 December 31, 1998 1.05 2006 1.40 to 1.00 1:00 March 31, 1999 1.05 2007 1.45 to 1.00 1:00 June 30, 1999 1.20 2007 1.45 to 1.00 1:00 September 30, 1999 1.20 2007 1.50 to 1.00 1:00 December 31, 1999 1.20 2007 1.50 to 1.00 1:00 March 31, 2000 2008 1.50 to 1.00 1:00 June 30, 2000 1.50 2008 1.60 to 1.00 1:00 September 30, 2000 1.50 2008 1.60 to 1.00 1:00 December 31, 2000 1.50 2008 1.60 to 1.00 1:00 March 31, 2001 1.70 2009 1.60 to 1.00 1:00 June 30, 2001 1.70 2009 1.75 to 1.00 1:00 September 30, 2001 1.70 2009 1.75 to 1.00 1:00 December 31, 2001 1.70 2009 1.75 to 1.00 1:00 Fiscal Quarter Consolidated Fixed Charge Coverage Ratio March 31, 2002 1.70 2010 1.75 to 1.00 1:00 June 30, 2002 1.70 2010 1.75 to 1.00 1:00 September 30, 2002 1.70 2010 1.75 to 1.00 1:00 December 31, 2002 1.70 2010 1.75 to 1.00 Thereafter 1.70 1:00 March 30, 2011 1.75 to 1.001:00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters of the Borrower Holdings ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such fiscal quarter: Consolidated Fixed Fiscal Quarter Ending Charge Coverage Ratio -------------- --------------------- December 31, 2009 1.50:1.00 March 31, 2010 1.50:1.00 June 30, 2010 1.50:1.00 September 30, 1998 1.00 to 1.00 2010 1.50:1.00 December 31, 1998 1.05 to 1.00 2010 1.50:1.00 March 31, 1999 1.05 to 1.00 2011 1.50:1.00 June 30, 1999 1.20 to 1.00 2011 1.625:1.00 September 30, 1999 1.20 to 1.00 2011 1.625:1.00 December 31, 1999 1.20 to 1.00 2011 1.625:1.00 March 31, 2000 1.50 to 1.00 2012 1.625:1.00 June 30, 2000 1.50 to 1.00 2012 1.75:1.00 September 30, 2000 1.50 to 1.00 2012 1.75:1.00 December 31, 2000 1.50 to 1.00 2012 1.75:1.00 March 31, 2001 1.70 to 1.00 2013 1.875:1.00 June 30, 2001 1.70 to 1.00 2013 1.875:1.00 September 30, 2001 1.70 to 1.00 2013 2.00:1.00 December 31, 2001 1.70 to 1.00 2013 2.00:1.00 March 31, 2002 1.70 to 1.00 2014 2.00:1.00 June 30, 2002 1.70 to 1.00 2014 2.00:1.00 September 30, 2002 1.70 to 1.00 December 312014 2.00:1.00 ; and provided that for purposes of this Section 7.1(b), 2002 1.70 to 1.00 Thereafter 1.70 to 1.00the covenant set forth above shall be determined on a Pro Forma Basis.

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters of the Borrower (or, if less, the number of full fiscal quarters subsequent to the Closing Date) ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such fiscal quarter: Consolidated Fixed Charge Fiscal Quarter Charge Coverage Ratio -------------- --------------------- September 30, 1998 1.00 to 1.00 December 31, 1998 1.05 to 1.00 -------------- March 31, 1999 1.05 1.35 to 1.00 June 30, 1999 1.20 1.35 to 1.00 September 30, 1999 1.20 to 1.00 December 31, 1999 1.20 to 1.00 March 31, 2000 1.50 1.20 to 1.00 June 30, 2000 1.50 1.20 to 1.00 September 30, 2000 1.50 1.20 to 1.00 December 31, 2000 1.50 1.20 to 1.00 March 31, 2001 1.70 1.20 to 1.00 June 30, 2001 1.70 1.20 to 1.00 September 30, 2001 1.70 1.20 to 1.00 December 31, 2001 1.70 1.25 to 1.00 March 31, 2002 1.70 1.25 to 1.00 June 30, 2002 1.70 1.25 to 1.00 September 30, 2002 1.70 1.25 to 1.00 December 31, 2002 1.70 1.30 to 1.00 March 31, 2003 1.30 to 1.00 June 30, 2003 1.30 to 1.00 September 30, 2003 1.30 to 1.00 December 31, 2003 1.35 to 1.00 March 31, 2004 1.35 to 1.00 June 30, 2004 1.35 to 1.00 September 30, 2004 1.35 to 1.00 Thereafter 1.70 1.40 to 1.00

Consolidated Fixed Charge Coverage Ratio. Permit The Borrower will not permit the Consolidated Fixed Charge Coverage Ratio for any the period of four consecutive fiscal quarters of the Borrower ending with most recently ended on or prior to any fiscal quarter set forth below day during a Financial Covenant Effectiveness Period to be less than the ratio set forth below opposite the period that includes the last day of such fiscal quarterfour quarter period: Consolidated Fixed Four Fiscal Quarter Charge Coverage Period Ending Ratio -------------- --------------------- December 3, 2006 through March 3, 2007 1.00 to 1.00 March 4, 2007 through June 2, 2007 1.00 to 1.00 June 3, 2007 through September 301, 1998 2007 1.00 to 1.00 September 2, 2007 through December 1, 2007 1.00 to 1.00 December 2, 2007 through March 1, 2008 1.00 to 1.00 March 2, 2008 through May 31, 1998 2008 1.00 to 1.00 June 1, 2008 through August 30, 2008 1.00 to 1.00 August 31, 2008 through November 29, 2008 1.05 to 1.00 November 30, 2008 through February 28, 2009 1.05 to 1.00 March 311, 1999 2009 through May 30, 2009 1.05 to 1.00 June May 31, 2009 through August 29, 2009 1.05 to 1.00 August 30, 1999 1.20 2009 through November 28, 2009 1.05 to 1.00 September November 29, 2009 through February 27, 2010 1.15 to 1.00 February 28, 2010 through May 29, 2010 1.15 to 1.00 May 30, 1999 1.20 2010 through August 28, 2010 1.15 to 1.00 December 31August 29, 1999 1.20 2010 through November 27, 2010 1.15 to 1.00 March 31November 28, 2000 1.50 2010 through February 26, 2011 1.15 to 1.00 June 30February 27, 2000 1.50 2011 through May 28, 2011 1.15 to 1.00 September 30May 29, 2000 1.50 to 1.00 December 31, 2000 1.50 to 1.00 March 31, 2001 1.70 to 1.00 June 30, 2001 1.70 to 1.00 September 30, 2001 1.70 to 1.00 December 31, 2001 1.70 to 1.00 March 31, 2002 1.70 to 1.00 June 30, 2002 1.70 to 1.00 September 30, 2002 1.70 to 1.00 December 31, 2002 1.70 to 1.00 Thereafter 1.70 2011 through the Tranche 2/Tranche 3 Term Maturity Date 1.25 to 1.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four (4) consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such fiscal quarter: Fiscal Quarter Consolidated Fixed Fiscal Quarter Charge Coverage Ratio -------------- --------------------- September 30October 1, 1998 1.00 to 1.00 December 31, 1998 1.05 to 1.00 March 31, 1999 1.05 to 1.00 June 30, 1999 1.20 to 1.00 September 30, 1999 2010 1.20 to 1.00 December 31, 1999 1.20 2010 1.25 to 1.00 March 31April 1, 2000 1.50 2011 1.25 to 1.00 June 30July 1, 2000 1.50 2011 1.30 to 1.00 September 30, 2000 2011 1.30 to 1.00 December 30, 2011 1.35 to 1.00 March 30, 2012 1.40 to 1.00 June 29, 2012 1.50 to 1.00 December 31September 28, 2000 1.50 to 1.00 March 31, 2001 1.70 to 1.00 June 30, 2001 1.70 to 1.00 September 30, 2001 1.70 2012 1.60 to 1.00 December 3128, 2001 2012 1.70 to 1.00 March 3129, 2002 2013 1.70 to 1.00 June 30July 5, 2002 1.70 2013 1.75 to 1.00 September 30October 4, 2002 1.70 2013 1.80 to 1.00 December 31January 3, 2002 1.70 2014 1.80 to 1.00 Thereafter 1.70 April 4, 2014 1.80 to 1.00 July 4, 2014 1.80 to 1.00 October 3, 2014 1.80 to 1.00 January 2, 2015 1.80 to 1.00 April 3, 2015 1.80 to 1.00 July 3, 2015 1.85 to 1.00 October 2, 2015 1.85 to 1.00 January 1, 2016 1.90 to 1.00 April 1, 2016 1.90 to 1.00 July 1, 2016 1.90 to 1.00

Consolidated Fixed Charge Coverage Ratio. Permit The Borrower will not permit the Consolidated Fixed Charge Coverage Ratio for any the period of four consecutive fiscal quarters of the Borrower ending with most recently ended on or prior to any fiscal quarter set forth below day during a Financial Covenant Effectiveness Period to be less than the ratio set forth below opposite the period that includes the last day of such fiscal quarterfour quarter period: Consolidated Fixed Four Fiscal Quarter Charge Coverage Period Ending Ratio -------------- --------------------- --------------------------------- ----- May 29, 2005 through August 27, 2005 1.05 to 1.00 August 28, 2005 through November 26, 2005 1.05 to 1.00 November 27, 2005 through March 4, 2006 1.10 to 1.00 March 5, 2006 through June 3, 2006 1.10 to 1.00 June 4, 2006 through September 302, 1998 2006 1.10 to 1.00 September 3, 2006 through December 2, 2006 1.10 to 1.00 December 313, 1998 1.05 2006 through March 3, 2007 1.15 to 1.00 March 314, 1999 1.05 2007 through June 2, 2007 1.15 to 1.00 June 303, 1999 2007 through September 1, 2007 1.15 to 1.00 September 2, 2007 through December 1, 2007 1.15 to 1.00 December 2, 2007 through March 1, 2008 1.15 to 1.00 March 2, 2008 through May 31, 2008 1.20 to 1.00 September June 1, 2008 through August 30, 1999 2008 1.20 to 1.00 December August 31, 1999 2008 through November 29, 2008 1.20 to 1.00 November 30, 2008 through February 28, 2009 1.20 to 1.00 March 1, 2009 through May 30, 2009 1.25 to 1.00 May 31, 2000 1.50 2009 through August 29, 2009 1.25 to 1.00 June August 30, 2000 1.50 2009 through November 28, 2009 1.25 to 1.00 September November 29, 2009 through February 27, 2010 1.25 to 1.00 February 28, 2010 through May 29, 2010 1.25 to 1.00 May 30, 2000 1.50 2010 through August 28, 2010 1.25 to 1.00 December 31August 29, 2000 1.50 to 1.00 March 312010 through November 27, 2001 1.70 to 1.00 June 30, 2001 1.70 to 1.00 September 30, 2001 1.70 to 1.00 December 31, 2001 1.70 to 1.00 March 31, 2002 1.70 to 1.00 June 30, 2002 1.70 to 1.00 September 30, 2002 1.70 to 1.00 December 31, 2002 1.70 to 1.00 Thereafter 1.70 2010 1.25 to 1.00