Common use of Consolidated Senior Leverage Ratio Clause in Contracts

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as of the end of any fiscal quarter of the Parent during the applicable period set forth below to be greater than the ratio corresponding to such period as set forth below: Period Maximum Consolidated Senior Leverage Ratio Closing Date through June 30, 2013 3.50:1.00 July 1, 2013 through December 31, 2013 3.25:1.00 Thereafter 3.00:1.00

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Total Leverage Ratio as of the end of any fiscal quarter each of the Parent during Fiscal Quarters ending on the applicable period dates set forth for the period of four Fiscal Quarters ending on such date below to be greater than the ratio corresponding to such period as set forth belowbelow opposite such period: Period Four Fiscal Quarters Ending Maximum Consolidated Senior Leverage Ratio Closing Date March 31, 2008 through June 30December 31, 2013 3.50:1.00 July 12008 3.50 to 1.00 March 31, 2013 2009 through December 31, 2009 3.25 to 1.00 March 31, 2010 through December 31, 2010 3.00 to 1.00 March 31, 2011 through December 31, 2011 2.50 to 1.00 March 31, 2012 through December 31, 2013 3.25:1.00 Thereafter 3.00:1.002.25 to 1.00

Consolidated Senior Leverage Ratio. Permit at any time the Consolidated Senior Leverage Ratio as of to exceed the end of any fiscal quarter of the Parent during ratio set forth opposite the applicable period set forth below to be greater than the ratio corresponding to such period as set forth below: Consolidated Period Maximum Consolidated Senior Leverage Ratio Closing Date through ------ --------------------- March 30, 2003 2.30 : 1.00 March 31, 2003 - June 29, 2003 2.20 : 1.00 June 30, 2013 3.50:1.00 July 12003 - December 28, 2013 through 2003 2.00 : 1.00 December 3129, 2013 3.25:1.00 Thereafter 3.00:1.002003 and thereafter 1.75 : 1.00

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as of at the end last day of any period of four consecutive fiscal quarter quarters of the Parent during Borrower and its Subsidiaries ending on or after the applicable period set forth below to be greater than the ratio corresponding to such period as set forth below: Period Maximum Consolidated Senior Leverage Ratio Closing Date through June 30, 2013 3.50:1.00 July 1, 2013 through December 31, 2013 3.25:1.00 Thereafter 3.00:1.00to exceed 3.50 to 1.00.

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as of at the end last day of any fiscal quarter of the Borrower Parent during the applicable period set forth below to be greater than the ratio corresponding to such period as set forth below: Period Maximum Consolidated Senior Leverage Ratio Closing Date through June 30, 2013 3.50:1.00 July 1, 2013 through December (i) occurring on or before March 31, 2013 3.25:1.00 Thereafter 3.00:1.002015, to exceed 2.50:1.00; (ii) occurring thereafter, to exceed 2.00:1.00.

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the end of Parent Borrower ending with any fiscal quarter of the Parent during the applicable period set forth below to be greater than exceed the ratio corresponding to such period as set forth belowbelow opposite such fiscal quarter: Period Maximum Fiscal Quarter Ending Consolidated Senior Leverage Ratio Closing Date through June 30March 31, 2013 3.50:1.00 July 1, 2013 through 2004 - December 31, 2013 3.25:1.00 Thereafter 3.00:1.002004 3.25 to 1.0 March 31, 2005 - December 31, 2005 3.00 to 1.0 March 31, 2006 - December 31, 2006 2.75 to 1.0 March 31, 2007 - December 31, 2007 2.50 to 1.0 March 31, 2008 and thereafter 2.25 to 1.0

Consolidated Senior Leverage Ratio. Permit the Maintain a Consolidated Senior Leverage Ratio , as of the end of any each fiscal quarter of the Parent Borrower ending during the applicable each period set forth below to be below, no greater than the ratio corresponding to such period as set forth belowbelow opposite such period: Period Maximum Consolidated Senior Leverage Ratio 102 MAXIMUM CONSOLIDATED SENIOR LEVERAGE PERIOD RATIO ----------------------------------------- --------------- Closing Date through June 30, 2013 3.50:1.00 July 1, 2013 through December 31, 2013 3.25:1.00 Thereafter 3.00:1.002004 3.75 to 1.00 January 1, 2005 through December 31, 2005 3.25 to 1.00 After December 31, 2005 3.00 to 1.00

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as of the end of any fiscal quarter of the Parent ending during the applicable a period set forth specified below to be greater than the ratio corresponding to such period as set forth belowbelow opposite such fiscal quarter: Period Maximum Consolidated Senior Leverage Ratio Closing Date through December 31, 2003 3.75 to 1.00 March 31, 2004 through June 30, 2013 3.50:1.00 July 12004 3.50 to 1.00 September 30, 2013 2004 through December 31June 30, 2013 3.25:1.00 Thereafter 3.00:1.002005 3.00 to 1.00 September 30, 2005 through June 30, 2006 2.75 to 1.00 September 30, 2006 and thereafter 2.50 to 1.00

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the end of Borrower ending with any fiscal quarter of the Parent during the applicable period set forth below to be greater than exceed the ratio corresponding to such period as set forth belowbelow opposite such fiscal quarter: Period Maximum Consolidated Fiscal Quarter Senior Leverage Ratio Closing Date through June 30, 2013 3.50:1.00 July 12005 – June 30, 2013 through December 312008 4.25 to 1.0 September 30, 2013 3.25:1.00 Thereafter 3.00:1.002008 and thereafter 4.00 to 1.0

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as of the end last day of any fiscal quarter of the Parent Borrower ending during the applicable period set forth periods specified below to be greater than the ratio corresponding to such period as set forth belowbelow opposite such period: Period Four Fiscal Quarters Ending Maximum Consolidated Senior Leverage Ratio Closing Date through June 29, 2012 4.00 to 1.00 June 30, 2012 through June 29, 2013 3.50 to 1.00 June 30, 2013 3.50:1.00 July 1through June 29, 2013 through December 312014 3.00 to 1.00 June 30, 2013 3.25:1.00 Thereafter 3.00:1.002014 and each fiscal quarter thereafter 2.50 to 1.00

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as of the end of any fiscal quarter of the Parent during the applicable period set forth below to be greater than the ratio corresponding to such period as set forth below: Period Maximum Consolidated Senior Leverage Ratio Closing Date through June 30, 2013 3.50:1.00 July 1, 2013 through December 31, 2013 3.25:1.00 January 1, 2014 through March 31, 2014 4.00:1.00 April 1, 2014 through June 30, 2014 4.00:1.00 July 1, 2014 through September 30, 2014 3.75:1.00 October 1, 2014 through December 31, 2014 3.50:1.00 Thereafter 3.00:1.00

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as of the end of at any fiscal quarter of the Parent time during the applicable period any Measurement Period set forth below to be greater than the ratio corresponding to such period as set forth belowbelow opposite such period: Period Twelve Months Ending Maximum Consolidated Senior Leverage Ratio Closing Date through June March 31, 2008 2.6 to 1.0 April 30, 2013 3.50:1.00 July 1, 2013 through December 31, 2013 3.25:1.00 Thereafter 3.00:1.002008 and each month thereafter 2.0 to 1.0

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the end of Borrower 58 53 ending on or about any fiscal quarter of the Parent date occurring during the applicable period periods set forth below to be greater than exceed the ratio corresponding to such period as set forth belowbelow opposite such period: Period Maximum Consolidated Senior Period Leverage Ratio Closing Date through ----------------------------------------------- --------------------- June 30, 2013 3.50:1.00 July 11998 - June 30, 2013 through December 312000 3.00 to 1.00 September 30, 2013 3.25:1.00 Thereafter 3.00:1.002000 - June 30, 2002 2.75 to 1.00 September 30, 2002 - Revolving Termination Date 2.50 to 1.00

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as of at the end of any fiscal quarter of the Parent occurring during the applicable any period set forth below (commencing with the first such fiscal quarter that begins after the Closing Date) to be greater than exceed the ratio corresponding to such period as set forth belowbelow opposite such period: Period Maximum Consolidated Senior Leverage Ratio Closing Date through – June 30, 2013 3.50:1.00 2009 7.50 to 1.00 July 1, 2013 through December 312009 – June 30, 2013 3.25:1.00 Thereafter 3.00:1.002010 7.25 to 1.00 July 1, 2010 and thereafter 7.00 to 1.00

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as of at the end of any fiscal quarter of ending during any period listed below to exceed the Parent during the applicable period ratio set forth below to be greater than the ratio corresponding to opposite such period as set forth belowperiod: Period Maximum Consolidated Senior Total Leverage Ratio Closing ------ --------------------------------- Effective Date through to 2.50 to 1 December 30, 1998 December 31, 1998 to 2.25 to 1 June 29, 1999 June 30, 2013 3.50:1.00 July 1, 2013 through December 31, 2013 3.25:1.00 Thereafter 3.00:1.001999 2.00 to 1 and thereafter

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as of at the end of any fiscal quarter of the Parent during Holdings ending on or after June 30, 2020 to exceed the applicable period ratio set forth below to be greater than the ratio corresponding to opposite such period as set forth belowfiscal quarter: Period Maximum Fiscal Quarter Ending Consolidated Senior Leverage Ratio Closing Date December 31, 2020 through March 31, 2021 4.00 to 1.00 June 30, 2013 3.50:1.00 July 1, 2013 2021 through December March 31, 2013 3.25:1.00 Thereafter 3.00:1.002022 3.75 to 1.00 June 30, 2022 through March 31, 2023 3.50 to 1.00 June 30, 2023 through March 31, 2024 3.25 to 1.00 June 30, 2024 and each fiscal quarter thereafter 3.00 to 1.00

Consolidated Senior Leverage Ratio. Permit As of the end of each fiscal quarter, the Consolidated Senior Leverage Ratio as of the end of any fiscal quarter of the Parent during the applicable period set forth below to shall be not greater than the ratio corresponding to such period as set forth belowthan: Period Four Fiscal Quarters Ending Maximum Consolidated Senior Leverage Ratio Closing Date through June 30December 31, 2013 3.50:1.00 July 12006 3.25:1.0 March 31, 2013 2007 through December 31, 2013 3.25:1.00 Thereafter 3.00:1.002007 3.00:1.0 March 31, 2008 and each fiscal quarter thereafter 2.75:1.0

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as of the end of at any fiscal quarter of the Parent time during the applicable any period set forth below to be greater than the ratio corresponding to such period as set forth belowbelow opposite such period: “Period Maximum Consolidated Senior Leverage Ratio Closing Date through June October 31, 2003 3.25 to 1.00 November 1, 2003 through April 30, 2013 3.50:1.00 July 2004 3.75 to 1.00 May 1, 2013 2004 through December 31April 30, 2013 3.25:1.00 Thereafter 3.00:1.002005 3.50 to 1.00 May 1, 2005 and thereafter 3.25 to 1.00; and”

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as of the end of any fiscal quarter of the Parent ending during the applicable a period set forth specified below to be greater than the ratio corresponding to such period as set forth belowbelow opposite such fiscal quarter: Period Maximum Consolidated Senior Leverage Ratio Closing Date through June September 30, 2013 3.50:1.00 July 1, 2013 2005 through December 31, 2013 3.25:1.00 Thereafter 3.00:1.002005 4.00 to 1.00 January 1, 2006 through March 31, 2006 3.25 to 1.00 June 30, 2006 and thereafter 2.50 to 1.00 *****

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as of the end of any fiscal quarter of the Parent during the applicable period set forth below to be greater than the ratio corresponding to such period as set forth belowbelow opposite such fiscal quarter: Period Maximum Consolidated Senior Leverage Ratio Closing Date through June September 30, 2013 3.50:1.00 July 2004 2.75 to 1.00 October 1, 2013 through December 31, 2013 3.25:1.00 Thereafter 3.00:1.002004 and thereafter 2.50 to 1.00

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as of the end of any fiscal quarter of the Parent during the applicable period set forth below Borrower (a) occurring prior to January 1, 2014 to be greater than the ratio corresponding 3.25 to such period as set forth below: Period Maximum Consolidated Senior Leverage Ratio Closing Date through June 30, 2013 3.50:1.00 July 1.00 and (b) occurring on or after January 1, 2013 through December 31, 2013 3.25:1.00 Thereafter 3.00:1.002014 to be greater than 3.00 to 1.00.

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as of the end of any fiscal quarter of the Parent during the applicable period set forth below to be greater than the ratio corresponding to such period as set forth below: Period Maximum Consolidated Senior Leverage Ratio Closing Date through June 30, 2013 3.50:1.00 July 1, 2013 through December 31, 2013 3.25:1.00 January 1, 2014 through March 31, 2014 4.00:1.00 April 1, 2014 through June 30, 2014 3.75:1.00 July 1, 2014 through September 30, 2014 3.50:1.00 Thereafter 3.00:1.00

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as of the end of any fiscal quarter of the Parent during the applicable period Borrower set forth below to be greater than the ratio corresponding to such period as set forth belowfiscal quarter: Period Maximum Consolidated Fiscal Quarter End Senior Leverage Ratio Closing Date through March 31, 2011 3.25:1.0 June 30, 2013 3.50:1.00 July 12011 3.25:1.0 September 30, 2013 through 2011 3.25:1.0 December 31, 2013 3.25:1.00 Thereafter 3.00:1.002011 3.25:1.0 March 31, 2012 and 3.00:1.0 each fiscal quarter ending thereafter

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as of the end of at any fiscal quarter of the Parent time during the applicable any measurement period set forth below to be greater than the ratio corresponding to such period as set forth belowbelow opposite such period: Measurement Period Maximum Consolidated Senior Leverage Ratio Closing Date through June 29, 2005 2.75 to 1.00 June 30, 2013 3.50:1.00 July 12005 through December 30, 2013 through 2005 2.00 to 1.00 December 31, 2013 3.25:1.00 Thereafter 3.00:1.002005 and thereafter 1.00 to 1.00

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the end of Borrower ending on or about any fiscal quarter of the Parent date occurring during the applicable period periods set forth below to be greater than exceed the ratio corresponding to such period as set forth belowbelow opposite such period: Period Maximum Consolidated Senior Period Leverage Ratio Closing Date through June 30, 2013 3.50:1.00 July 11998 - June 30, 2013 through December 312000 3.00 to 1.00 September 30, 2013 3.25:1.00 Thereafter 3.00:1.002000 - June 30, 2002 2.75 to 1.00 September 30, 2002 - September 30, 2004 2.50 to 1.00

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as at any time during any period of four fiscal quarters of the end of any fiscal quarter of the Parent during the applicable period Borrower set forth below to be greater than the ratio corresponding to such period as set forth belowbelow opposite such period: Period Four Fiscal Quarters Ending Maximum Consolidated Senior Leverage Ratio Closing Date through June September 30, 2013 3.50:1.00 July 1, 2013 through 2005 3.75 to 1.0 December 31, 2013 3.25:1.00 Thereafter 3.00:1.002005 and each fiscal quarter thereafter 3.50 to 1.0

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as of the end of any fiscal quarter of the Parent during the applicable falling in any period set forth below to be greater than in excess of the ratio corresponding to such period as set forth belowbelow for such period: Period Maximum Consolidated Senior Leverage Ratio Closing Date through June 30, 2013 3.50:1.00 July ------ ----- April 1, 2013 2002 through December March 31, 2013 3.25:1.00 2003 4.75 to 1.00 April 1, 2003 through March 31, 2004 4.50 to 1.00 April 1, 2004 through March 31, 2005 4.25 to 1.00 Thereafter 3.00:1.004.00 to 1.00

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as of the end of any fiscal quarter of the Parent ending during the applicable a period set forth specified below to be greater than the ratio corresponding to such period as set forth belowbelow opposite such fiscal quarter: Period Maximum Consolidated Senior Leverage Ratio Closing Date through June September 30, 2013 3.50:1.00 July 1, 2013 2005 through December 31, 2013 3.25:1.00 Thereafter 3.00:1.002005 4.00 to 1.00 January 1, 2006 through March 31, 2006 3.50 to 1.00 April 1, 2006 through September 30, 2006 3.00 to 1.00 October 1, 2006 and thereafter 2.50 to 1.00

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as of at the end of any fiscal quarter of ending during any period listed below to exceed the Parent during the applicable period ratio set forth below to be greater than the ratio corresponding to opposite such period as set forth belowperiod: Period Maximum Consolidated Senior Leverage Period Ratio Closing ------ --------------- Third Amendment Effective 2.00 to 1 Date through to December 31, 1998 January 1, 1999 to 2.00 to 1 June 30, 2013 3.50:1.00 1999 July 1, 2013 through December 31, 2013 3.25:1.00 Thereafter 3.00:1.001999 and thereafter 2.00 to 1"

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the end Borrower (or, if less, the number of full fiscal quarters subsequent to the Closing Date) ending during any fiscal quarter of the Parent during the applicable period calendar years set forth below to be greater than exceed the ratio corresponding to such period as set forth belowbelow opposite such year: Period Maximum Consolidated Senior Fiscal Quarter Leverage Ratio Closing Date through June 30, 2013 3.50:1.00 July 1, 2013 through December 31, 2013 3.25:1.00 Thereafter 3.00:1.00-------------- ------------------- 1997 2.50:1.00 1998 2.25:1.00 1999 2.00:1.00 2000 and thereafter 1.75:1.00