Common use of Consolidated Leverage Ratio Clause in Contracts

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on the last day of any fiscal quarter occurring in any period set forth below to exceed of the ratio set forth below for such period. Period Ratio ------ ------------ September 30, 2006 - June 30, 2007 4.50 to 1.00 September 30, 2007 - June 30, 2008 4.00 to 1.00 September 30, 2008 and thereafter 3.50 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on the last day of any fiscal quarter occurring in of the Borrower ending during any period set forth below to exceed be in excess of the ratio set forth below for such period. : Period Ratio ------ ------------ September 30Effective Date - March 31, 2006 2000 5.75 to 1.00 April 1, 2000 - June 30March 31, 2007 2001 5.00 to 1.00 April 1, 2001 - March 31, 2002 4.50 to 1.00 September 30April 1, 2007 2002 - June 30March 31, 2008 4.00 2003 3.75 to 1.00 September 30, 2008 and thereafter Thereafter 3.50 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on determined as of the last day of any fiscal quarter occurring in of the Borrower ending during any period set forth below to exceed of the ratio set forth below for opposite such period. : Period Consolidated Leverage Ratio ------ ------------ September 30, 2006 --------------------------- through 09/30/01 5.75 to 1.0 10/01/01 - June 30, 2007 4.50 09/30/02 5.50 to 1.00 September 30, 2007 1.0 10/01/02 - June 30, 2008 09/30/03 4.75 to 1.0 10/01/03 and thereafter 4.00 to 1.00 September 30, 2008 and thereafter 3.50 to 1.001.0

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as at the last day of any period of four consecutive fiscal quarters of Holdings ending with any fiscal quarter occurring in any period set forth below to exceed of the ratio set forth below for opposite such period. Period fiscal quarter: Consolidated Fiscal Quarter Leverage Ratio ------ ------------ September 30-------------- -------------- March 6, 2006 - June 30, 2007 4.50 2004 3.75 to 1.00 September 30May 29, 2007 - June 30, 2008 2004 4.00 to 1.00 September 30August 21, 2008 2004 3.00 to 1.00 November 13, 2004 and thereafter 3.50 2.75 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as of the last day of any fiscal quarter occurring in any period of the Company set forth below to exceed of be greater than the ratio set forth below for opposite such period. Period Ratio ------ ------------ : First Amendment Effective Date through June 30, 2011 3.75:1.00 September 30, 2006 - 2011 through March 31, 2012 3.25:1.00 June 30, 2007 4.50 to 1.00 September 30, 2007 - June 30, 2008 4.00 to 1.00 September 30, 2008 2012 and each fiscal quarter thereafter 3.50 to 1.003.00:1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on the last day of any fiscal quarter occurring in of Terex ending during any period set forth below to exceed be in excess of the ratio set forth below for such period. : Period Ratio ------ ------------ September 30Effective Date - March 31, 2006 1999 5.75 to 1.0 April 1, 1999 - June 30March 31, 2007 2000 5.00 to 1.0 April 1, 2000 - March 31, 2001 4.50 to 1.00 September 301.0 April 1, 2007 2001 - June 30March 31, 2008 4.00 2002 3.75 to 1.00 September 30, 2008 and thereafter 1.0 Thereafter 3.50 to 1.001.0

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as of the last day of any fiscal quarter occurring in any period of the Company set forth below to exceed of be greater than the ratio set forth below for opposite such period. Period Ratio ------ ------------ : Closing Date through March 31, 2009 3.75:1.00 June 30, 2009 through September 30, 2006 - June 302010 3.25:1.00 December 31, 2007 4.50 to 1.00 September 30, 2007 - June 30, 2008 4.00 to 1.00 September 30, 2008 2010 and each fiscal quarter thereafter 3.50 to 1.003.00:1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on the last day of any fiscal quarter occurring in of Parent ending during any period set forth below to exceed be in excess of the ratio set forth below for such period. : Period Ratio ------ ------------ ----- Closing Date - September 30, 2004 4.25 to 1.00 October 1, 2004 - September 30, 2005 4.00 to 1.00 October 1, 2005 - September 30, 2006 - June 30, 2007 4.50 3.75 to 1.00 October 1, 2006 - September 30, 2007 - June 30, 2008 4.00 3.25 to 1.00 September 30October 1, 2008 and thereafter 3.50 2007 - Thereafter 3.00 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as at the last day of any period of four consecutive fiscal quarter occurring in quarters of the Borrower (or, if less, the number of full fiscal quarters subsequent to the Closing Date) ending with any period fiscal year set forth below to exceed of the ratio set forth below for opposite such period. Period fiscal year: Consolidated Fiscal Year Leverage Ratio ------ ------------ ----------- -------------- Closing Date - September 3014, 2004 1.75 to 1 September 15, 2004 - September 14, 2005 1.50 to 1 September 15, 2005 - September 14, 2006 - June 30, 2007 4.50 1.50 to 1.00 September 30, 2007 - June 30, 2008 4.00 to 1.00 September 30, 2008 and thereafter 3.50 to 1.001

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on the last day of any fiscal quarter occurring in any period set forth below to exceed of be greater than the ratio set forth below for opposite such periodfiscal quarter. Period Fiscal Quarters Ending Maximum Consolidated Leverage Ratio ------ ------------ September 30, 2006 - June 30Restatement Closing Date through March 31, 2007 4.50 to 1.00 4.50:1:00 April 1, 2007 through July 1, 2007 4.50:1:00 July 2, 2007 through September 30, 2007 - 4.25:1:00 October 1, 2007 through June 29, 2008 4.25:1:00 June 30, 2008 4.00 to 1.00 September 30, 2008 and each fiscal quarter thereafter 3.50 to 1.004.00:1:00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on Ratio, as of the last day of any each fiscal quarter occurring in any period set forth below to exceed of be greater than the ratio set forth below for such periodshown below: Amendment No. Period Ratio ------ ------------ 1 Effectiveness Date through March 30, 2006 3.75 to 1.0 June 30, 2006 through September 30, 2006 - 3.50 to 1.0 December 31, 2006 through March 31, 2007 3.25 to 1.0 June 30, 2007 4.50 to 1.00 September 30, 2007 - June 30, 2008 4.00 to 1.00 September 30, 2008 and thereafter 3.50 3.00 to 1.001.0

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as at the last day of any period of four consecutive fiscal quarter occurring in quarters of the Borrower ending on any date during any period set forth below to exceed of the ratio set forth below for opposite such period. Period Ratio ------ ------------ : September 30, 2006 - June – December 30, 2007 4.50 to 1.00 September 304.75 December 31, 2007 - June – December 30, 2008 4.00 to 1.00 September 304.25 December 31, 2008 and thereafter 3.50 to 1.003.50

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as of the last day of any fiscal quarter occurring in any period set forth below of the Borrower to exceed of be greater than the ratio set forth below for opposite such period. Period Ratio ------ ------------ fiscal quarter: June 30, 0000 0.00x September 30, 2006 - 0000 0.00x December 31, 0000 0.00x March 31, 0000 0.00x June 30, 2007 4.50 to 1.00 0000 0.00x September 30, 2007 - June 300000 0.00x December 31, 2008 4.00 to 1.00 September 30, 2008 2009 and each fiscal quarter thereafter 3.50 to 1.003.00x

Consolidated Leverage Ratio. Permit In the case of the ---------------------------- Borrower, permit the Consolidated Leverage Ratio on as of the last day of any fiscal quarter occurring in and for any period set forth below to exceed of four fiscal quarters ending during the ratio set forth below for such period. Period Ratio ------ ------------ September period from and including (a) December 16, 1998 through December 30, 2006 - June 301999, 2007 4.50 to 1.00 September 30, 2007 - June 30, 2008 4.00 to 1.00 September 30, 2008 and thereafter 3.50 to 1.00, (b) December 31, 1999 through December 30, 2000, 3.25 to 1.00 and (c) December 31, 2000 through the Maturity Date, 3.00. The Consolidated Leverage Ratio shall be calculated as of the end of each fiscal quarter based on the period of the four consecutive fiscal quarters ending on such date.

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on Ratio, as of the last day of any the most recent fiscal quarter occurring in any period set forth below of Holdings then last ended, to exceed of the ratio set forth below for opposite the period during which such period. Period last day occurs: Date of Fiscal Quarter End Ratio ------ ------------ September 30, 2006 - Each fiscal quarter end from and including June 30, 2007 4.50 2015 to and including March 31, 2016 6.25 to 1.00 Each fiscal quarter end from and including June 30, 2016 to and including December 31, 2016 6.00 to 1.00 Each fiscal quarter end from and including March 31, 2017 to and including June 30, 2017 5.50 to 1.00 September 30, 2007 - June 30, 2008 4.00 to 1.00 September 30, 2008 2017 and thereafter 3.50 5.00 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter occurring in any period set forth below to exceed of the ratio set forth below for opposite such period. Period Ratio ------ ------------ September 30, 2006 - fiscal quarter: June 30, 2007 4.50 2010 5.25 to 1.00 September 30, 2007 - 2010 5.25 to 1.00 December 31, 2010 5.00 to 1.00 March 31, 2011 5.00 to 1.00 June 30, 2008 4.00 2011 5.00 to 1.00 September 30, 2008 2011 4.75 to 1.00 December 31, 2011 4.75 to 1.00 March 31, 2012 and thereafter 3.50 4.50 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as at the last day of any period of four consecutive fiscal quarter occurring in quarters of Details ending during any period set forth below to exceed of the ratio set forth below for opposite such period. : Consolidated Period Leverage Ratio ------ ------------ -------------- Closing Date through December 30, 1999 6.00 to 1.0 December 31, 1999 through September 29, 2000 5.25 to 1.0 September 30, 2006 - June 302000 through September 29, 2007 2001 4.50 to 1.00 1.0 September 30, 2007 - June 302001 through September 29, 2008 2002 4.00 to 1.00 1.0 September 30, 2008 and thereafter 2002 through September 29, 2003 3.50 to 1.001.0 September 30, 2003 through thereafter 3.00 to 1.0

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on the last day of any fiscal quarter occurring in of the Borrower ending during any period set forth below to exceed be in excess of the ratio set forth below for such period. : Period Ratio ------ ------------ September 30April 1, 2006 2000 - June 30March 31, 2007 2001 5.00 to 1.00 April 1, 2001 - March 31, 2002 4.50 to 1.00 September 30April 1, 2007 2002 - June 30March 31, 2008 4.00 2003 3.75 to 1.00 September 30, 2008 and thereafter Thereafter 3.50 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as at the last day of any period of four consecutive fiscal quarters of the Parent Borrower ending with any fiscal quarter occurring in any period set forth below to exceed of the ratio set forth below for opposite such period. Period Ratio ------ ------------ September fiscal quarter: June 30, 2006 - June 30, 2007 4.50 to 1.00 September 30, 2006 4.50 to 1.00 December 31, 2006 4.00 to 1.00 March 31, 2007 - 4.00 to 1.00 June 30, 2008 4.00 2007 3.75 to 1.00 September 30, 2007 3.75 to 1.00 December 31, 2007 3.75 to 1.00 March 31, 2008 and thereafter 3.50 to 1.001.00 Back to Table of Contents

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as of the last day of any each fiscal quarter occurring in any period of the Borrower set forth below to exceed of be greater than the ratio set forth below for opposite such period. Period fiscal quarter: Four Fiscal Quarters Ending Maximum Consolidated Leverage Ratio ------ ------------ September 30Closing Date through March 31, 2006 - 2012 5.50 to 1.00 June 30, 2007 4.50 2012 through December 31, 2012 5.25 to 1.00 March 31, 2013 through June 30, 2013 5.00 to 1.00 September 30, 2007 - June 302013 through December 31, 2008 4.00 2013 4.75 to 1.00 September 30March 31, 2008 2014 and each fiscal quarter thereafter 3.50 4.50 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as of the last day of any each fiscal quarter occurring in any period of the Borrower set forth below to exceed of be greater than the ratio set forth below for such period. Period Ratio ------ ------------ September 30the applicable Measurement Period: Closing Date through December 31, 2006 - June 30, 2007 4.50 2017 5.00 to 1.00 September 30March 31, 2007 - June 302018 through December 31, 2008 4.00 2018 4.25 to 1.00 September 30March 31, 2008 2019 and each fiscal quarter thereafter 3.50 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as at the last day of any period of four consecutive fiscal quarters of Holdings ending with any fiscal quarter occurring in any period set forth below to exceed of the ratio set forth below for opposite such period. Period fiscal quarter: Fiscal Quarter Consolidated Leverage Ratio ------ ------------ -------------- --------------------------- March 31, 2005 and June 30, 2005 4.00 to 1.0 September 30, 2006 - June 30, 2007 4.50 to 1.00 September 30, 2007 - June 30, 2008 4.00 to 1.00 September 30, 2008 2005 and thereafter 3.50 to 1.001.0

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter occurring in any period set forth below to exceed of the ratio set forth below for opposite such period. Period Ratio ------ ------------ September 30fiscal quarter: Through December 31, 2006 - June 302010 4.75 to 1.00 March 31, 2007 2011 through December 31, 2011 4.50 to 1.00 September 30March 31, 2007 - June 302012 through December 31, 2008 2012 4.25 to 1.00 March 31, 2013 through December 31, 2013 4.00 to 1.00 September 30March 31, 2008 2014 through December 31, 2014 3.75 to 1.00 March 31, 2015 and thereafter 3.50 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on the last day of any fiscal quarter occurring in of Parent ending during any period set forth below to exceed be in excess of the ratio set forth below for such period. : 84 Period Ratio ------ ------------ September ----- Closing Date - March 31, 2005 4.00 to 1.00 April 1, 2005 - December 30, 2005 3.75 to 1.00 December 31, 2005 - December 30, 2006 3.50 to 1.00 December 31, 2006 - June December 30, 2007 4.50 3.00 to 1.00 September 30December 31, 2007 - June 30, 2008 4.00 to 1.00 September 30, 2008 and thereafter 3.50 Thereafter 2.50 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on the last day of any fiscal quarter occurring in of Terex ending during any period set forth below to exceed be in excess of the ratio set forth below for such period. : Period Ratio ------ ------------ September 30----- April 1, 2006 2000 - June 30March 31, 2007 2001 5.00 to 1.00 April 1, 2001 - March 31, 2002 4.50 to 1.00 September 30April 1, 2007 2002 - June 30March 31, 2008 4.00 2003 3.75 to 1.00 September 30, 2008 and thereafter Thereafter 3.50 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter occurring in any period set forth below to exceed of the ratio set forth below for opposite such period. Period Ratio ------ ------------ fiscal quarter: March 31, 2010 4.75 to 1.00 June 30, 2010 4.75 to 1.00 September 30, 2006 - 2010 4.75 to 1.00 December 31, 2010 4.50 to 1.00 March 31, 2011 4.50 to 1.00 June 30, 2007 2011 4.50 to 1.00 September 30, 2007 - June 302011 4.25 to 1.00 December 31, 2008 2011 4.25 to 1.00 March 31, 2012 and thereafter 4.00 to 1.00 September 30, 2008 and thereafter 3.50 to 1.00”

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on the last day of any fiscal quarter occurring in of Terex ending during any period set forth below to exceed be in excess of the ratio set forth below for such period. : Period Ratio ------ ------------ Restatement Closing Date - September 30, 2006 2002 5.00 to 1.00 October 1, 2002 - September 30, 2003 4.50 to 1.00 October 1, 2003 - March 31, 2004 4.25 to 1.00 April 1, 2004 - June 30, 2007 4.50 2004 4.00 to 1.00 July 1, 2004 - September 30, 2007 - June 30, 2008 4.00 2004 3.75 to 1.00 September 30, 2008 and thereafter Thereafter 3.50 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on the last day of any fiscal quarter occurring in any period set forth below to exceed of be greater than the ratio set forth below for opposite such periodfiscal quarter. Period Ratio ------ ------------ September 30, 2006 - June 30Restatement Closing Date through March 31, 2007 4.50 to 1.00 4.50:1:00 April 1, 2007 through July 1, 2007 4.50:1:00 July 2, 2007 through September 30, 2007 - 4.25:1:00 October 1, 2007 through June 29, 2008 4.25:1:00 June 30, 2008 4.00 to 1.00 September 30, 2008 and each fiscal quarter thereafter 3.50 to 1.004.00:1:00

Consolidated Leverage Ratio. Permit On the last day of each fiscal quarter of the Borrower ending on a date specified in the table below, permit the Consolidated Leverage Ratio for the period of four consecutive fiscal quarters ending on the last day of any fiscal quarter occurring in any period set forth below such date to exceed of the ratio set forth below specified for such period. Period Ratio ------ ------------ date in such table: December 31, 2008 3.0:1.0 March 31, 2009 3.5:1.0 June 30, 2009 3.25:1.0 September 30, 2006 - 2009 3.0:1.0 December 31, 2009 and each March 31, June 30, 2007 4.50 to 1.00 September 30, 2007 - June 30, 2008 4.00 to 1.00 September 30, 2008 30 and December 31 thereafter 3.50 to 1.002.5:1.0”

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as at the last day of any Four-Quarter Period ending with any fiscal quarter occurring in any period set forth below to exceed of be greater than the ratio set forth below for opposite such period. Period Ratio ------ ------------ September 30fiscal quarter: December 31, 2006 - 2017 4.25 to 1.00 March 31, 2018 4.25 to 1.00 June 30, 2007 4.50 to 1.00 September 30, 2007 - June 30, 2008 2018 4.00 to 1.00 September 30, 2008 2018 4.00 to 1.00 December 31, 2018 and thereafter 3.50 3.75 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as of the last day of any fiscal quarter occurring in ending during any period set forth below to exceed of the ratio set forth below for opposite such period. : Consolidated Leverage Period Ratio ------ ------------ September 30, 2006 Closing Date - June 30, 2007 4.50 2002 3.00 to 1.00 September 30July 1, 2007 2002 - December 31, 2002 2.75 to 1.00 January 1, 2003 - June 30, 2008 4.00 2003 2.50 to 1.00 July 1, 2003 - September 30, 2008 2003 2.25 to 1.00 October 1, 2003 and thereafter 3.50 2.00 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on the last day of any fiscal quarter occurring in any period set forth below below, to exceed be in excess of the ratio set forth below for such period. Period Ratio ------ ------------ June 30, 2005 – December 31, 2005 7.75 to 1.00 March 31, 2006 – June 30, 2006 7.25 to 1.00 September 30, 2006 - – December 31, 2006 6.85 to 1.00 March 31, 2007 – June 30, 2007 4.50 6.50 to 1.00 September 30, 2007 - June 30– December 31, 2007 6.00 to 1.00 March 31, 2008 4.00 – December 31, 2008 5.50 to 1.00 September 30March 31, 2008 2009 – December 31, 2009 5.00 to 1.00 March 31, 2010 and thereafter 3.50 4.50 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on determined as of the last day of any fiscal quarter occurring in of the Borrower ending during any period set forth below to exceed of the ratio set forth below for opposite such period. : Period Consolidated Leverage Ratio ------ ------------ September 30, 2006 --------------------------- 04/01/99 - June 30, 2007 12/31/01 5.00 to 1.0 01/01/02 - 12/31/02 4.50 to 1.00 September 30, 2007 1.0 01/01/03 - June 30, 2008 06/30/03 4.25 to 1.0 07/01/03 and thereafter 4.00 to 1.00 September 30, 2008 and thereafter 3.50 to 1.001.0"

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on the last day of any fiscal quarter occurring in any period set forth below below, to exceed be in excess of the ratio set forth below for such period. Period Ratio ------ ------------ September 30March 31, 2005 – December 31, 2005 6.75 to 1.00 March 31, 2006 - June 30– December 31, 2006 6.50 to 1.00 March 31, 2007 4.50 – December 31, 2007 5.50 to 1.00 September 30, 2007 - June 30March 31, 2008 – December 31, 2008 4.75 to 1.00 March 31, 2009 and thereafter 4.00 to 1.00 September 30, 2008 and thereafter 3.50 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as at the last day of any fiscal quarter occurring in of Holdings ending during any period set forth below to exceed of the ratio set forth below for opposite such fiscal period. Period Ratio ------ ------------ : September 30, 2006 - June 30, 2007 4.50 to 1.00 September 30, 2007 - June 30, 2008 4.00 7.00 to 1.00 December 31, 2007 to September 30, 2008 and thereafter 3.50 6.50 to l.00 December 31, 2008 to September 30, 2009 6.00 to 1.00 December 31, 2009 to September 30, 2010 5.00 to 1.00 Thereafter 4.50 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on determined as of the last day of any fiscal quarter occurring in of the Borrower ending during any period set forth below to exceed of the ratio set forth below for opposite such period. : Period Consolidated Leverage Ratio ------ ------------ September 30, 2006 --------------------------- 01/01/00 - June 30, 2007 06/30/01 6.95 to 1.0 07/01/01 - 06/30/02 6.75 to 1.0 07/01/02 - 06/30/03 6.25 to 1.0 07/01/03 - 06/30/04 5.50 to 1.0 07/01/04 - 06/30/05 4.50 to 1.00 September 30, 2007 - June 30, 2008 1.0 07/01/05 and thereafter 4.00 to 1.00 September 30, 2008 and thereafter 3.50 to 1.001.0

Consolidated Leverage Ratio. Permit the Consolidated Leverage --------------------------- Ratio on as of the last day of any fiscal quarter occurring in of the Borrower ending during any period set forth below to exceed of be greater than the ratio set forth below for opposite such period. period below: Period Ratio ------ ------------ September 30, 2006 ----- Closing Date - June 30, 2007 4.50 to 1.00 September 30, 2007 06/30/00 6.50:1.00 07/01/00 - June 30, 2008 4.00 to 1.00 September 30, 2008 and 06/30/01 6.00:1.00 07/01/01 - 06/30/02 5.00:1.00 thereafter 3.50 to 1.004.00:1.00

Consolidated Leverage Ratio. Permit In the case of the ---------------------------- Borrower, permit the Consolidated Leverage Ratio on as of the last day of and for any period of four fiscal quarters ending during the period from and including the date hereof through the Maturity Date to exceed (i) 3.50 to 1.0 for any period ending prior to August 31, 1998, or (ii) 3.00 thereafter. The Consolidated Leverage Ratio shall be calculated as of the end of each fiscal quarter occurring in any based on the period set forth below to exceed of the ratio set forth below for four consecutive fiscal quarters ending on such period. Period Ratio ------ ------------ September 30, 2006 - June 30, 2007 4.50 to 1.00 September 30, 2007 - June 30, 2008 4.00 to 1.00 September 30, 2008 and thereafter 3.50 to 1.00date.

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as at the last day of any fiscal quarter occurring in any period set forth below of Holdings to exceed of the ratio set forth below for with respect to such period. Period Ratio ------ ------------ September 30, 2006 - June 30, 2007 4.50 fiscal quarter or with respect to 1.00 September 30, 2007 - the period during which such fiscal quarter ends: June 30, 2008 4.00 to 1.00 through September 30, 2008 2009 4.25 to 1.00 December 31, 2009 through December 31, 2010 4.75 to 1.00 March 31, 2011 through December 31, 2011 4.50 to 1.00 March 31, 2012 through September 30, 2012 4.25 to 1.00 December 31, 2012 and thereafter 3.50 4.00 to 1.00”

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as at the last day of any period of four consecutive fiscal quarters of the US Borrower ending with any fiscal quarter occurring in any period set forth below to exceed of be greater than the ratio set forth below for opposite such period. Period Ratio ------ ------------ fiscal quarter: Effective Date through March 31, 2010 2.25:1.00 June 30, 2010 through September 30, 2006 - June 30, 2007 4.50 to 1.00 September 30, 2007 - June 30, 2008 4.00 to 1.00 September 30, 2008 and thereafter 3.50 to 1.002010 2.00:1.00 Thereafter 1.75:1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as at the last day of any period of four consecutive fiscal quarters of Holdings ending with any fiscal quarter occurring in any period set forth below to exceed of the ratio set forth below for opposite such period. Period Ratio ------ ------------ fiscal quarter: December 31, 2005 to September 30, 2006 - June 30, 2007 4.50 5.00 to 1.00 December 31, 2006 to September 30, 2007 - June 30, 2008 4.00 4.75 to 1.00 December 31, 2007 to September 30, 2008 4.50 to 1.00 December 31, 2008 to September 30, 2009 4.00 to 1.00 December 31, 2009 to September 30, 2010 3.50 to 1.00 December 31, 2010 and thereafter 3.50 3.25 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on determined as of the last day of any fiscal quarter occurring in of the Borrower ending during any period set forth below to exceed of the ratio set forth below for opposite such period. : Period Consolidated Leverage Ratio ------ ------------ September 30, 2006 --------------------------- Closing Date - June 30, 2007 12/31/00 7.50 to 1.00 01/01/01 - 06/30/01 7.00 to 1.00 07/01/01 - 12/31/01 6.50 to 1.00 01/01/02 - 12/31/02 5.50 to 1.00 01/01/03 - 12/31/03 4.50 to 1.00 September 30, 2007 - June 30, 2008 01/01/04 and thereafter 4.00 to 1.00 September 30, 2008 and thereafter 3.50 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as of the last day of any fiscal quarter occurring in any period set forth below (beginning with the fiscal quarter ending on March 31, 2010) to exceed of be greater than the ratio set forth below for opposite the last day of such period. Period Ratio ------ ------------ fiscal quarter: Fiscal Year March 31 June 30 September 30, 2006 - June 30, 2007 4.50 to 1.00 September 30, 2007 - June 30, 2008 4.00 to 1.00 September 30, 2008 30 December 31 2010 5.75:1 5.75:1 5.75:1 5.75:1 2011 5.75:1 5.75:1 5.75:1 5.75:1 2012 5.50:1 5.50:1 5.50:1 5.50:1 2013 and each fiscal year ending thereafter 3.50 to 1.005.25:1 5.25:1 5.25:1 5.25:1

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on As of the last day of any fiscal quarter occurring in any period set forth below ending during the periods specified below, permit the Consolidated Leverage Ratio to exceed of be greater than the corresponding ratio set forth below for such period. below: Period Maximum Ratio ------ ------------ September July 2, 2012 through December 29, 2012 2.50 to 1.00 December 30, 2006 - June 30, 2007 4.50 to 1.00 September 30, 2007 - June 30, 2008 4.00 to 1.00 September 30, 2008 2012 and thereafter 3.50 2.25 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on the last day of any fiscal quarter occurring in any period set forth below to exceed of the ratio set forth below for such period. Period Ratio ------ ------------ September 30: Closing Date – December 31, 2006 - 4.75 to 1.00 January 1, 2007 – June 30, 2007 4.50 to 1.00 September 30, 2007 - June 30, 2008 4.00 to 1.00 September 30July 1, 2007 – December 31, 2007 3.50 to 1.00 January 1, 2008 – December 31, 2008 2.50 to 1.00 January 1, 2009 – December 31, 2009 2.25 to 1.00 January 1, 2010 and thereafter 3.50 2.00 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as of the last day of any period of four consecutive fiscal quarters of the Borrower ending on the last day of any each fiscal quarter occurring in any period during the periods set forth below to exceed of be greater than the ratio set forth below for opposite such period. Period Ratio ------ ------------ September 30, 2006 - : June 30, 2007 4.50 2012 through June 30, 2013 3.00 to 1.00 September 30, 2007 - 2013 through June 30, 2008 4.00 2014 2.75 to 1.00 September 30, 2008 2014 and thereafter 3.50 2.50 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as of the last day of any fiscal quarter occurring in ending during any period set forth below to exceed of the ratio set forth below for opposite such period. : Period Consolidated Leverage Ratio ------ ------------ September 30--------------------------- January 1, 2006 - June 30December 31, 2007 4.50 to 2006 3.25 - 1.00 September 30January 1, 2007 - June 30, 2008 4.00 to 2007 3.00 - 1.00 September 30July 1, 2007 - December 31, 2007 2.75 - 1.00 January 1, 2008 - December 31, 2008 2.25 - 1.00 January 1, 2009 - December 31, 2009 1.75 - 1.00 January 1, 2010 and thereafter 3.50 to 1.50 - 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as at the last day of any Test Period ending with any fiscal quarter occurring in any period set forth below to exceed of the ratio set forth below for opposite such period. Period Ratio ------ ------------ September 30fiscal quarter: March 31, 2006 - June 30, 2007 4.50 2008 6.6 to 1.00 September 30, 2007 - 1 June 30, 2008 4.00 5.2 to 1.00 1 September 30, 2008 4.5 to 1 December 31, 2008 3.6 to 1 March 31, 2009 2.8 to 1 June 30, 2009 and thereafter 3.50 2.5 to 1.001

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as of the last day of any fiscal quarter occurring in any period set forth below of the Borrower to exceed of be greater than the ratio set forth below for opposite such period. Period Ratio ------ ------------ September 30, 2006 - June 30, 2007 4.50 to 1.00 September 30, 2007 - fiscal quarter: June 30, 2008 4.00 to 1.00 3.50x September 30, 2008 3.50x December 31, 2008 3.25x March 31, 2009 3.25x June 30, 2009 3.25x September 30, 2009 3.25x December 31, 2009 and each fiscal quarter thereafter 3.50 to 1.003.00x

Consolidated Leverage Ratio. Permit the Consolidated --------------------------- Leverage Ratio on as at the last day of any fiscal quarter occurring in any period set forth below to exceed of the ratio set forth below for opposite such period. Period fiscal quarter: Consolidated Consolidated Fiscal Quarter Leverage Ratio ------ ------------ --------------------------- -------------- September 30, 2006 - 2001 through 4.00 to 1.00 and including December 29, 2001 December 30, 2001 through 4.25 to 1.00 and including June 29, 2002 June 30, 2007 4.50 to 1.00 September 30, 2007 - June 30, 2008 2002 through 4.00 to 1.00 and including September 3028, 2008 2002 September 29, 2002 through 3.50 to 1.00 and including December 28, 2002 December 29, 2002 and thereafter 3.50 3.00 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter occurring in any period set forth below to exceed of the ratio set forth below for opposite such period. Period Ratio ------ ------------ fiscal quarter: June 30, 2006 5.50:1 September 30, 2006 - 5.25:1 December 31, 2006 5.00:1 March 31, 2007 5.00:1 June 30, 2007 4.50 to 1.00 September 30– March 31, 2007 - June 30, 2008 4.00 to 1.00 September 30, 2008 and 2009 (inclusive) 4:00:1 Each fiscal quarter end-date thereafter 3.50 to 1.003:00:1

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as at the last day of any period of four consecutive fiscal quarters of Holdings ending with any fiscal quarter occurring in any period set forth below to exceed of the ratio set forth below for opposite such period. Period Ratio ------ ------------ September 30fiscal quarter: May 31, 2006 - June 30, 2007 4.50 2003 3.10 to 1.00 September 30August 23, 2007 - June 30, 2008 4.00 2003 3.75 to 1.00 September 30November 15, 2008 2003 3.75 to 1.00 March 6, 2004 3.75 to 1.00 May 29, 2004 3.25 to 1.00 August 21, 2004 3.00 to 1.00 November 13, 2004 and thereafter 3.50 2.75 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on at the last day of any fiscal quarter occurring in any period of the Borrower set forth below to exceed of be greater than the ratio set forth below for opposite such period. Period Ratio ------ ------------ September 30, 2006 - June 30, 2007 4.50 to 1.00 September 30, 2007 - June 30, 2008 4.00 to 1.00 fiscal quarter: Closing Date through September 30, 2008 3.00 to 1.00 December 31, 2008 through September 30, 2009 2.75 to 1.00 December 31, 2009 through September 30, 2010 2.50 to 1.00 December 31, 2010 and each fiscal quarter thereafter 3.50 2.25 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter occurring in any period set forth below to exceed of the ratio set forth below for opposite such period. Period Ratio ------ ------------ fiscal quarter: September 30, 2006 - 2009 4.25 to 1.00 December 31, 2009 4.25 to 1.00 March 31, 2010 4.25 to 1.00 June 30, 2007 4.50 2010 4.25 to 1.00 September 30, 2007 - June 302010 4.25 to 1.00 December 31, 2008 2010 4.25 to 1.00 March 31, 2011 and thereafter 4.00 to 1.00 September 30, 2008 and thereafter 3.50 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as of the last day of any fiscal quarter occurring in any period set forth below to exceed of be greater than the ratio set forth below for opposite such period. Period Ratio ------ ------------ September 30: First Amendment Effective Date through December 31, 2006 - 2010 7.00 to 1.00 March 31, 2011 6.75 to 1.00 June 30, 2007 4.50 2011 6.50 to 1.00 September 30, 2007 - June 30, 2008 4.00 2011 6.25 to 1.00 September 30December 31, 2008 2011 and thereafter 3.50 6.00 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as at the last day of any fiscal quarter occurring in any period of the Borrower set forth below to exceed of the ratio set forth below for opposite such period. Period Ratio ------ ------------ fiscal quarter: September 30, 2006 - June 30, 2007 4.50 3.00 to 1.00 September 30December 31, 2007 - June 30, 2008 4.00 to 1.00 September 30, 2008 2006 and the last day of each fiscal quarter thereafter 3.50 3.00 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on Ratio, calculated as of the last day of any fiscal quarter occurring in any period set forth below each Fiscal Quarter for the most recently ended Measurement Period, to exceed of be more than the ratio amounts set forth below for such period. Period Ratio ------ ------------ September 30the periods indicated: Closing Date through December 31, 2006 - June 302010 3.50:1.00 March 31, 2007 4.50 to 1.00 September 302011 through December 31, 2007 - June 302011 3.25:1.00 March 31, 2008 4.00 to 1.00 September 30, 2008 2012 and thereafter 3.50 to 1.003.00:1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on the last day of any fiscal quarter occurring in any period set forth below to exceed of the ratio set forth below for opposite such period. Period fiscal quarter: Fiscal Quarter Leverage Ratio ------ ------------ September 30December 31, 2006 - 5.00 to 1.00 March 31, 2007 5.00 to 1.00 June 30, 2007 4.50 5.00 to 1.00 September 30, 2007 - June 305.00 to 1.00 December 31, 2008 2007 and thereafter 4.00 to 1.00 September 30, 2008 and thereafter 3.50 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on the last day of any fiscal quarter occurring in during any period set forth below to exceed of the ratio set forth below for opposite such period. Period Ratio ------ ------------ September 30: Restatement Effective Date through March 31, 2006 - 2011 6.75 to 1.00 June 30, 2007 4.50 2011 through March 31, 2012 6.25 to 1.00 September 30, 2007 - June 30, 2008 4.00 2012 through March 31, 2013 5.75 to 1.00 September June 30, 2008 2013 through March 31, 2014 5.25 to 1.00 June 30, 2014 through March 31, 2015 4.75 to 1.00 June 30, 2015 and thereafter 3.50 4.25 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter occurring in during any period set forth below to exceed of the ratio set forth below for opposite such period. : Period Leverage Ratio ------ ------------ September 30December 31, 2006 - June through December 30, 2007 4.50 4.25 to 1.00 September 30December 31, 2007 - June through December 30, 2008 4.00 3.50 to 1.00 September 30December 31, 2008 and thereafter 3.50 3.25 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on of the last day of any fiscal quarter occurring in any period Measurement Period set forth below to exceed of be greater than the ratio set forth below for opposite such period. Period : Four Fiscal Quarters Ending Maximum Consolidated Leverage Ratio ------ ------------ September 30Closing Date through December 31, 2006 - June 302012 3.50:1.00 March 31, 2007 4.50 to 1.00 September 302013 through December 31, 2007 - June 302013 3.25:1.00 March 31, 2008 4.00 to 1.00 September 302014 through December 31, 2008 2014 3.00:1.00 March 31, 2015 through December 31, 2015 2.75:1.00 March 31, 2016 and each fiscal quarter thereafter 3.50 to 1.002.50:1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on As of the last day of any fiscal quarter occurring in any period set forth below ending during the periods specified below, permit the Consolidated Leverage Ratio to exceed of be greater than the corresponding ratio set forth below for such period. Period Ratio ------ ------------ September 30below: Closing Date through March 31, 2006 - 2015 3.50 to 1.00 June 30, 2007 4.50 to 1.00 September 30, 2007 - June 30, 2008 4.00 to 1.00 September 30, 2008 2015 and thereafter 3.50 3.25 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio on as of the last day of any fiscal quarter occurring in any period of the Borrower to exceed the percentage set forth below to exceed of the ratio set forth below for opposite such period. Period Ratio ------ ------------ fiscal quarter: September 30, 2006 - June 302012 to December 31, 2007 4.50 to 1.00 September 302014 60 % March 31, 2007 - June 30, 2008 4.00 to 1.00 September 30, 2008 2015 and thereafter 3.50 to 1.0055 %