Common use of Consolidated Senior Secured Debt Ratio Clause in Contracts

Consolidated Senior Secured Debt Ratio. Permit the Consolidated Senior Secured Debt Ratio for any period of four consecutive fiscal quarters ending on or about any date set forth below to be greater than the ratio set forth below opposite such date: Date Ratio ---- ----- December 31, 2004 4.00 to 1.00 March 31, 2005 4.00 to 1.00 June 30, 2005 4.00 to 1.00 September 30, 2005 4.00 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 3.95 to 1.00 March 31, 2007 3.95 to 1.00 June 30, 2007 3.95 to 1.00 September 30, 2007 3.95 to 1.00 December 31, 2007 3.55 to 1.00 March 31, 2008 3.55 to 1.00 June 30, 2008 3.55 to 1.00 September 30, 2008 3.55 to 1.00 December 31, 2008 3.25 to 1.00 March 31, 2009 3.25 to 1.00 June 30, 2009 3.25 to 1.00 September 30, 2009 3.25 to 1.00 December 31, 2009 3.25 to 1.00 March 31, 2010 3.25 to 1.00 June 30, 2010 3.25 to 1.00 September 30, 2010 3.25 to 1.00

Consolidated Senior Secured Debt Ratio. Permit the Consolidated Senior Secured Debt Ratio for any period of four consecutive fiscal quarters ending on or about any date set forth below to be greater than the ratio set forth below opposite such date: Date Ratio ---- ----- December 31, 2004 4.00 3.75 to 1.00 March 31, 2005 4.00 3.75 to 1.00 June 30, 2005 4.00 3.75 to 1.00 September 30, 2005 4.00 3.75 to 1.00 December 31, 2005 4.00 3.75 to 1.00 March 31, 2006 4.00 3.75 to 1.00 June 30, 2006 4.00 3.75 to 1.00 September 30, 2006 4.00 3.75 to 1.00 December 31, 2006 3.95 3.70 to 1.00 March 31, 2007 3.95 3.70 to 1.00 June 30, 2007 3.95 3.70 to 1.00 September 30, 2007 3.95 3.70 to 1.00 December 31, 2007 3.55 3.30 to 1.00 March 31, 2008 3.55 3.30 to 1.00 June 30, 2008 3.55 3.30 to 1.00 September 30, 2008 3.55 3.30 to 1.00 December 31, 2008 3.25 3.00 to 1.00 March 31, 2009 3.25 3.00 to 1.00 June 30, 2009 3.25 3.00 to 1.00 September 30, 2009 3.25 to 1.00 December 31, 2009 3.25 to 1.00 March 31, 2010 3.25 to 1.00 June 30, 2010 3.25 to 1.00 September 30, 2010 3.25 3.00 to 1.00

Consolidated Senior Secured Debt Ratio. Permit the Consolidated Senior Secured Debt Ratio for any period of four consecutive fiscal quarters ending on or about any date set forth below to be greater than the ratio set forth below opposite such date: Date Ratio ---- ----- March 31, 1998 2.35 to 1.00 June 30, 1998 2.30 to 1.00 September 30, 1998 2.25 to 1.00 December 31, 2004 4.00 1998 2.25 to 1.00 March 31, 2005 4.00 1999 2.20 to 1.00 June 30, 2005 4.00 1999 2.20 to 1.00 September 30, 2005 4.00 1999 2.00 to 1.00 December 31, 2005 4.00 1999 2.00 to 1.00 March 31, 2006 4.00 2000 2.00 to 1.00 June 30, 2006 4.00 2000 2.00 to 1.00 September 30, 2006 4.00 2000 2.00 to 1.00 December 31, 2006 3.95 2000 2.00 to 1.00 March 31, 2007 3.95 2001 2.00 to 1.00 June 30, 2007 3.95 2001 2.00 to 1.00 September 30, 2007 3.95 2001 2.00 to 1.00 December 31, 2007 3.55 to 1.00 March 31, 2008 3.55 to 1.00 June 30, 2008 3.55 to 1.00 September 30, 2008 3.55 to 1.00 December 31, 2008 3.25 to 1.00 March 31, 2009 3.25 to 1.00 June 30, 2009 3.25 to 1.00 September 30, 2009 3.25 to 1.00 December 31, 2009 3.25 to 1.00 March 31, 2010 3.25 to 1.00 June 30, 2010 3.25 to 1.00 September 30, 2010 3.25 2001 and thereafter 2.00 to 1.00

Consolidated Senior Secured Debt Ratio. Permit the Consolidated Senior Secured Debt Ratio for any period of four consecutive fiscal quarters ending on or about any date set forth below to be greater than the ratio set forth below opposite such date: Date Ratio ---- ----- DATE RATIO June 30, 1999 1.35 to 1.00 September 30, 1999 1.35 to 1.00 December 31, 2004 4.00 1999 1.35 to 1.00 March 31, 2005 4.00 2000 1.35 to 1.00 June 30, 2005 4.00 2000 1.35 to 1.00 September 30, 2005 4.00 2000 1.40 to 1.00 December 31, 2005 4.00 2000 1.35 to 1.00 March 31, 2006 4.00 2001 1.30 to 1.00 June 30, 2006 4.00 2001 1.30 to 1.00 September 30, 2006 4.00 2001 1.25 to 1.00 December 31, 2006 3.95 2001 1.25 to 1.00 DATE RATIO March 31, 2002 1.00 to 1.00 June 30, 2002 1.00 to 1.00 September 30, 2002 1.00 to 1.00 December 31, 2002 1.00 to 1.00 March 31, 2007 3.95 to 2003, and thereafter 1.00 June 30, 2007 3.95 to 1.00 September 30, 2007 3.95 to 1.00 December 31, 2007 3.55 to 1.00 March 31, 2008 3.55 to 1.00 June 30, 2008 3.55 to 1.00 September 30, 2008 3.55 to 1.00 December 31, 2008 3.25 to 1.00 March 31, 2009 3.25 to 1.00 June 30, 2009 3.25 to 1.00 September 30, 2009 3.25 to 1.00 December 31, 2009 3.25 to 1.00 March 31, 2010 3.25 to 1.00 June 30, 2010 3.25 to 1.00 September 30, 2010 3.25 to 1.00