Common use of Consolidated Fixed Charges for Subject Period Clause in Contracts

Consolidated Fixed Charges for Subject Period. 1. Consolidated Interest Charges for Subject Period (other than (a) transaction costs consisting of upfront fees, charges and related expenses incurred in connection with the negotiation and closing of the Credit Agreement; (b) transaction costs consisting of upfront fees, charges and related expenses paid at the time and out of the proceeds of the closing to which they relate; (c) transaction costs consisting of upfront fees, charges, and related expenses paid after closing up to $10,000,000 during term of Credit Agreement and (d) interest charges not payable in cash, including payment-in-kind interest and original issue discount): $________ 2. Principal payments in respect of Indebtedness (other than obligations under Swap Contracts) due and payable during Subject Period (including cash principal payments to holders of Convertible Senior Notes at maturity and cash payments in connection with settlement of conversion rights in respect of Convertible Senior Notes in an amount equal to the principal amount of the Convertible Senior Notes in respect of which conversion rights were exercised) other than (x) payments of principal of revolving loans not accompanied by a permanent reduction of commitments and (y) repayment of principal of Indebtedness made with the proceedings of refinancings permitted by Section 7.03 of the Credit Agreement): $________ 3. With respect to debt securities convertible or exchangeable into shares of common stock, payments made in cash in lieu of fractional shares upon the conversion of any such debt securities: $________ 4. Restricted Payments paid (whether in cash or other property, other than common stock): $________ 5. Consolidated Fixed Charges (Lines I.E.1 + 2 + 3 + 4) $________ F. Consolidated Fixed Charge Coverage Ratio ((Line I.A.13 – Line I.B – Line I.C – Line I.D) ¸ Line I.E.5): $________ Minimum required when Excess Availability is less than the greater of (i) 12.5% of the Borrowing Base or (ii) $50,000,000: 1.00 to 1.00 In compliance [Yes/No] [N/A] Consolidated EBITDA Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Twelve Months Ended Consolidated Net Income + Consolidated Interest Charges + income taxes + depreciation expense + amortization expense + non-cash compensation expenses and charges Consolidated EBITDA Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Twelve Months Ended + non-cash Yorktown Expenses + Maintenance turnaround expenses + non-recurring non-cash expenses - cash payments for Yorktown Expenses for charges taken in prior period - non-cash income [- amount deducted for Recharacterized Operating Leases] Consolidated EBITDA Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Twelve Months Ended = Consolidated EBITDA

Consolidated Fixed Charges for Subject Period. 1. Consolidated Interest Charges for Subject Period (other than (a) transaction costs consisting of upfront fees, charges and related expenses incurred in connection with the negotiation and closing of the Credit Agreement; (b) transaction costs consisting of upfront fees, charges and related expenses paid at the time and out of the proceeds of the closing to which they relate; (c) transaction costs consisting of upfront fees, charges, and related expenses paid after closing up to $10,000,000 during term of Credit Agreement and Agreement; (d) interest charges Consolidated Interest Charges not payable in cash, including payment-in-kind interest and original issue discount; (e) Consolidated Interest Charges in respect of the Senior Secured Notes for the period commencing on March 25, 2013 and ending on (and including) April 24, 2013; and (f) Consolidated Interest Charges on Indebtedness in respect of any MLP Credit Facility that is Guaranteed by the Borrower and/or its Restricted Subsidiaries in accordance with Section 7.03(o) of the Credit Agreement to the extent and so long as neither the Borrower nor any of its Restricted Subsidiaries shall have made any payments in respect thereof): $________ 2. Principal payments in respect of Indebtedness (other than obligations under Swap Contracts) due and payable during Subject Period (including cash principal payments to holders of Convertible Senior Notes at maturity and cash payments in connection with settlement of conversion rights in respect of Convertible Senior Notes in an amount equal to the principal amount of the Convertible Senior Notes in respect of which conversion rights were exercised) other than (x) payments of principal of revolving loans not accompanied by a permanent reduction of commitments and (y) repayment of principal of Indebtedness made with the proceedings of refinancings permitted by Section 7.03 of the Credit AgreementAgreement (including payments of principal of the Senior Secured Notes pursuant to the tender offer therefor or the redemption thereof): $________ 3. With respect to debt securities convertible or exchangeable into shares of common stock, payments made in cash in lieu of fractional shares upon the conversion of any such debt securities: $________ 4. Restricted Payments paid (whether in cash or other property, other than common stock): $________ 5. Consolidated Fixed Charges (Lines I.E.1 + 2 + 3 + 4) $________ F. Consolidated Fixed Charge Coverage Ratio ((Line I.A.13 – Line I.B – Line I.C – Line I.D) ¸ Line I.E.5): $________ Minimum required when Excess Availability is less than the greater of (i) 12.5% of the Borrowing Base or (ii) $50,000,000: 1.00 to 1.00 In compliance [Yes/No] [N/A] Consolidated EBITDA Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Twelve Months Ended Consolidated Net Income + Consolidated Interest Charges + income taxes + depreciation expense + amortization expense + non-cash compensation expenses and charges Consolidated EBITDA Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Twelve Months Ended + non-cash Yorktown Expenses + Maintenance turnaround expenses + non-recurring non-cash expenses - cash payments for Yorktown Expenses for charges taken in prior period - non-cash income [- amount deducted for Recharacterized Operating Leases] Consolidated EBITDA Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Twelve Months Ended = Consolidated EBITDA

Consolidated Fixed Charges for Subject Period. 1. Consolidated Interest Charges for Subject Period (other than (a) transaction costs consisting of upfront fees, charges and related expenses incurred in connection with the negotiation and closing of the Credit Agreement; (b) transaction costs consisting of upfront fees, charges and related expenses paid at the time and out of the proceeds of the closing to which they relate; (c) transaction costs consisting of upfront fees, charges, and related expenses paid after closing up to $10,000,000 during term of Credit Agreement and Agreement; (d) interest charges Consolidated Interest Charges not payable in cash, including payment-in-kind interest and original issue discount; (e) Consolidated Interest Charges in respect of the Senior Secured Notes for the period commencing on March 25, 2013 and ending on (and including) April 24, 2013; and (f) Consolidated Interest Charges on Indebtedness in respect of any MLP Credit Facility that is guaranteed by the Borrower and/or its Restricted Subsidiaries in accordance with Section 7.03(o) of the Credit Agreement to the extent and so long as neither the Borrower nor any of its Restricted Subsidiaries shall have made any payments in respect thereof): $________ 2. Principal payments in respect of Indebtedness (other than obligations under Swap Contracts) due and payable during Subject Period (including cash principal payments to holders of Convertible Senior Notes at maturity and cash payments in connection with settlement of conversion rights in respect of Convertible Senior Notes in an amount equal to the principal amount of the Convertible Senior Notes in respect of which conversion rights were exercised) other than (x) payments of principal of revolving loans not accompanied by a permanent reduction of commitments and (y) repayment of principal of Indebtedness made with the proceedings of refinancings permitted by Section 7.03 of the Credit AgreementAgreement (including payments of principal of the Senior Secured Notes pursuant to the tender offer therefor or the redemption thereof): $________ 3. With respect to debt securities convertible or exchangeable into shares of common stock, payments made in cash in lieu of fractional shares upon the conversion of any such debt securities: $________ 4. Restricted Payments paid (whether in cash or other property, other than common stock): $________ 5. Consolidated Fixed Charges (Lines I.E.1 + 2 + 3 + 4) $________ F. Consolidated Fixed Charge Coverage Ratio ((Line I.A.13 – Line I.B – Line I.C – Line I.D) ¸ Line I.E.5): $________ Minimum required when Excess Availability is less than the greater of (i) 12.5% of the Borrowing Base or (ii) $50,000,000: 1.00 to 1.00 In compliance [Yes/No] [N/A] Consolidated EBITDA Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Twelve Months Ended Consolidated Net Income + Consolidated Interest Charges + income taxes + depreciation expense + amortization expense + non-cash compensation expenses and charges Consolidated EBITDA Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Twelve Months Ended + non-cash Yorktown Expenses + Maintenance turnaround expenses + non-recurring non-cash expenses - cash payments for Yorktown Expenses for charges taken in prior period - non-cash income [- amount deducted for Recharacterized Operating Leases] Consolidated EBITDA Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Twelve Months Ended = Consolidated EBITDA

Consolidated Fixed Charges for Subject Period. 1. Consolidated Interest Charges for Subject Period (other than (a) transaction costs consisting of upfront fees, charges and related expenses incurred in connection with the negotiation and closing of the Credit Agreement; (b) transaction costs consisting of upfront fees, charges and related expenses paid at the time and out of the proceeds of the closing to which they relate; (c) transaction costs consisting of upfront fees, charges, and related expenses paid after closing up to $10,000,000 during term of Credit Agreement and Agreement; (d) interest charges Consolidated Interest Charges not payable in cash, including payment-in-kind interest and original issue discount; and (e) Consolidated Interest Charges on Indebtedness in respect of any MLP Credit Facility that is Guaranteed by the Borrower and/or its Restricted Subsidiaries in accordance with Section 7.03(o) of the Credit Agreement to the extent and so long as neither the Borrower nor any of its Restricted Subsidiaries shall have made any payments in respect thereof): $________ 2. Principal payments in respect of Indebtedness (other than obligations under Swap Contracts) due and payable during Subject Period (including cash principal payments to holders of Convertible Senior Notes at maturity and cash payments in connection with settlement of conversion rights in respect of Convertible Senior Notes in an amount equal to the principal amount of the Convertible Senior Notes in respect of which conversion rights were exercised) other than (xa) payments of principal of revolving loans not accompanied by a permanent reduction of commitments and (yb) repayment of principal of Indebtedness made with the proceedings of refinancings permitted by Section 7.03 of the Credit Agreement): : $________ 3. With respect to debt securities convertible or exchangeable into shares of common stock, payments made in cash in lieu of fractional shares upon the conversion of any such debt securitiessecurities in whole or in part: $________ 4. Restricted Payments paid (whether in cash or other property, other than common stock): $________ 5. Consolidated Fixed Charges (Lines I.E.1 + 2 + 3 + 4) $________ F. Consolidated Fixed Charge Coverage Ratio ((Line I.A.13 – Line I.B – Line I.C – Line I.D) ¸ Line I.E.5): $________ Minimum required when Excess Availability is less than the greater of (i) 12.5% of the Borrowing Base or (ii) $50,000,000: 1.00 to 1.00 In compliance [Yes/No] [N/A] Consolidated EBITDA Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Twelve Months Ended Consolidated Net Income + Consolidated Interest Charges + income taxes + depreciation expense + amortization expense + non-cash compensation expenses and charges Consolidated EBITDA Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Twelve Months Ended + non-cash Yorktown Expenses + Maintenance turnaround expenses + non-recurring non-cash expenses - cash payments for Yorktown Expenses for charges taken in prior period - non-cash income [- amount deducted for Recharacterized Operating Leases] Consolidated EBITDA Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Twelve Months Ended = Consolidated EBITDA

Consolidated Fixed Charges for Subject Period. 1. Consolidated Interest Charges for Subject Period (other than (a) transaction costs consisting of upfront fees, charges and related expenses incurred in connection with the negotiation and closing of the Credit Agreement; (b) transaction costs consisting of upfront fees, charges and related expenses paid at the time and out of the proceeds of the closing to which they relate; (c) transaction costs consisting of upfront fees, charges, and related expenses paid after closing up to $10,000,000 during term of Credit Agreement and (d) interest charges not payable in cash, including payment-in-kind interest and original issue discount): $__________ 2. Principal payments in respect of Indebtedness (other than obligations under Swap Contracts) due and payable during Subject Period (including cash principal payments to holders of Convertible Senior Notes at maturity and cash payments in connection with settlement of conversion rights in respect of Convertible Senior Notes in an amount equal to the principal amount of the Convertible Senior Notes in respect of which conversion rights were exercised) other than (x) payments of principal of revolving loans not accompanied by a permanent reduction of commitments and (y) repayment of principal of Indebtedness made with the proceedings of refinancings permitted by Section 7.03 of the Credit Agreement): $__________ 3. With respect to debt securities convertible or exchangeable into shares of common stock, payments made in cash in lieu of fractional shares upon the conversion of any such debt securities: $__________ 4. Restricted Payments paid (whether in cash or other property, other than common stock): $__________ 5. Consolidated Fixed Charges (Lines I.E.1 + 2 + 3 + 4) $________ F. Consolidated Fixed Charge Coverage Ratio ((Line I.A.13 – Line I.B – Line I.C – Line I.D) ¸ Line I.E.5): $________ Minimum required when Excess Availability is less than the greater of (i) 12.5% of the Borrowing Base or (ii) $50,000,000: 1.00 to 1.00 In compliance [Yes/No] [N/A] Consolidated EBITDA Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Twelve Months Ended Consolidated Net Income + Consolidated Interest Charges + income taxes + depreciation expense + amortization expense + non-cash compensation expenses and charges Consolidated EBITDA Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Twelve Months Ended + non-cash Yorktown Expenses + Maintenance turnaround expenses + non-recurring non-cash expenses - cash payments for Yorktown Expenses for charges taken in prior period - non-cash income [- amount deducted for Recharacterized Operating Leases] Consolidated EBITDA Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Month Ended Twelve Months Ended = Consolidated EBITDA