Common use of Consolidated Senior Secured Leverage Ratio Clause in Contracts

Consolidated Senior Secured Leverage Ratio. Permit the Consolidated Senior Secured Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below to exceed the ratio set forth below opposite such fiscal quarter: Consolidated Fiscal Quarter Senior Secured Leverage Ratio -------------- ----------------------------- June 30, 2002 - March 31, 2005 1.75 to 1.0 June 30, 2005 and thereafter 1.50 to 1.0

Consolidated Senior Secured Leverage Ratio. Permit the Consolidated Senior Secured Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below to exceed the ratio set forth below opposite such fiscal quarter: Consolidated Senior Secured Fiscal Quarter Senior Secured Leverage Ratio -------------- ----------------------------- June 30, 2002 - March 31, 2005 1.75 to 1.0 June 30, 2005 – June 30, 2008 2.25 to 1.0 September 30, 2008 and thereafter 1.50 2.00 to 1.0

Consolidated Senior Secured Leverage Ratio. Permit the Consolidated Senior Secured Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with end of any fiscal quarter set forth below of the Borrower, commencing with the first fiscal quarter ending after the Funding Date, to exceed be greater than the ratio set forth below opposite corresponding to such fiscal quarter: Consolidated quarter in the table below. Fiscal Quarter End Maximum Consolidated Senior Secured Leverage Ratio -------------- ----------------------------- June 30First, 2002 - March 31Second, 2005 1.75 to 1.0 June 30Third and Fourth fiscal quarters ending after the Funding Date 2.50:1.0 Fifth, 2005 Sixth, Seventh and thereafter 1.50 to 1.0Eighth fiscal quarters ending after the Funding Date 2.25:1.0

Consolidated Senior Secured Leverage Ratio. Permit the The Consolidated Senior Secured Leverage Ratio for the twelve (12) month period ending as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any each fiscal quarter set forth below end shall be less than or equal to exceed (a) at all times from the ratio set forth below opposite such Closing Date through and including the fiscal quarter: Consolidated Fiscal Quarter Senior Secured Leverage Ratio -------------- ----------------------------- June quarter ended on or around September 30, 2002 - March 312009, 2005 1.75 3.00 to 1.0 June 301.00 and (b) at all times thereafter, 2005 and thereafter 1.50 2.75 to 1.01.00.

Consolidated Senior Secured Leverage Ratio. Permit As of the last day of any fiscal quarter of the Borrower, permit the Consolidated Senior Secured Leverage Ratio as at to be greater than the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter amount set forth below to exceed the ratio set forth below opposite for such fiscal quarter: Applicable Period Maximum Consolidated Fiscal Quarter Senior Secured Leverage Ratio -------------- ----------------------------- June 30From the Closing Date through the fiscal quarter ended October 3, 2002 - March 312020 4.50 to 1.00 The fiscal quarter ended January 2, 2005 1.75 2021 3.25 to 1.0 June 301.00 The fiscal quarter ended April 3, 2005 2021 and thereafter 1.50 3.00 to 1.01.00

Consolidated Senior Secured Leverage Ratio. Permit the Consolidated Senior Secured Leverage Ratio as at of the last day end of any period of four consecutive fiscal quarters quarter of the Borrower to be greater than the following amounts for each of the following corresponding periods: Period Ratio For the fiscal quarters ending with any fiscal quarter set forth below to exceed the ratio set forth below opposite such fiscal quarter: Consolidated Fiscal Quarter Senior Secured Leverage Ratio -------------- ----------------------------- March 31, 2010 and June 30, 2002 - March 2010 2.50 to 1.00 For the fiscal quarter ending September 30, 2010 2.25 to 1.00 For the fiscal quarter ending December 31, 2005 1.75 to 1.0 June 30, 2005 2010 and thereafter 1.50 2.00 to 1.01.00

Consolidated Senior Secured Leverage Ratio. Permit the Consolidated Senior Secured Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below to exceed the ratio set forth below opposite such fiscal quarter: Consolidated Senior Secured Fiscal Quarter Senior Secured Leverage Ratio -------------- ----------------------------- June 30, 2002 - March 31, 2005 1.75 2004 – March 31, 2007 2.25 to 1.0 June 30, 2005 2007 and thereafter 1.50 2.00 to 1.0

Consolidated Senior Secured Leverage Ratio. Permit the Consolidated Senior Secured Leverage Ratio as at of the last day end of any period of four consecutive fiscal quarters quarter of the Borrower ending with any to be greater than the following amount for each of the following corresponding periods: Period Ratio From the fiscal quarter set forth below to exceed the ratio set forth below opposite such fiscal quarter: Consolidated Fiscal Quarter Senior Secured Leverage Ratio -------------- ----------------------------- June ending September 30, 2002 - March 312009, 2005 1.75 to 1.0 June through and including the fiscal quarter ending September 30, 2005 and thereafter 1.50 2010 2.50 to 1.01.00 Thereafter 2.00 to 1.00

Consolidated Senior Secured Leverage Ratio. Permit the Consolidated Senior Secured Leverage Ratio as at of the last day end of any period of four consecutive fiscal quarters quarter of the Borrower ending with any fiscal quarter set forth specified below to exceed be greater than the ratio set forth in the table below opposite corresponding to such fiscal quarter: Consolidated . Fiscal Quarter Senior Secured End Maximum Consolidated Net Leverage Ratio -------------- ----------------------------- June 30, 2002 - March 2019 2.70:1.00 September 30, 2019 2.25:1.00 December 31, 2005 1.75 to 1.0 June 30, 2005 2019 and each fiscal quarter ending thereafter 1.50 to 1.02.00:1.00

Consolidated Senior Secured Leverage Ratio. Permit the Consolidated Senior Secured Leverage Ratio as at of the last day end of any period of four consecutive fiscal quarters quarter of the Borrower ending with any fiscal quarter set forth below to exceed be greater than the ratio set forth below opposite such fiscal quarterperiod: Four Fiscal Quarters Ending Maximum Consolidated Fiscal Quarter Senior Secured Leverage Ratio -------------- ----------------------------- Closing Date through June 30, 2002 - March 312013 2.00:1.00 September 30, 2005 1.75 to 1.0 2013 through June 30, 2005 2014 1.75:1.00 September 30, 2014 and each fiscal quarter thereafter 1.50 to 1.02.00:1.00

Consolidated Senior Secured Leverage Ratio. Permit the Consolidated Senior Secured Leverage Ratio determined as at of the last day end of any period of four consecutive fiscal quarters quarter of the Borrower ending with any fiscal quarter set forth below to exceed be greater than the ratio set forth below opposite corresponding to such fiscal quarter: Consolidated Fiscal Quarter Ending Maximum Consolidated Senior Secured Leverage Ratio -------------- ----------------------------- March 31, 2013 3.50:1.0 June 30, 2002 - 2013 3.50:1.0 September 30, 2013 3.50:1.0 December 31, 2013 3.25:1.0 March 31, 2005 1.75 to 1.0 2014 3.25:1.0 June 30, 2005 and thereafter 1.50 to 1.02014 3.25:1.0 September 30, 2014 3.25:1.0

Consolidated Senior Secured Leverage Ratio. Permit the Consolidated Senior Secured Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below to exceed the ratio set forth below opposite such fiscal quarter: Consolidated Fiscal Quarter Senior Secured Leverage Ratio -------------- ------------------------------- ----------------------------- June 30March 31, 2002 2004 - March 31, 2005 1.75 2007 2.25 to 1.0 June 30, 2005 2007 and thereafter 1.50 2.00 to 1.0

Consolidated Senior Secured Leverage Ratio. Permit the Consolidated Senior Secured Leverage Ratio as at of the last day end of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below to exceed be greater than the ratio set forth below opposite such fiscal quarterperiod: Maximum Consolidated Fiscal Quarter Senior Period Secured Leverage Ratio -------------- ----------------------------- --------------------------------------------------------------- ------------------------------------ December 31, 2006, March 31, 2006 and June 3.25 to 1.00 30, 2006 September 30, 2006 2.50 to 1.00 December 31, 2006 2.25 to 1.00 March 31, 2007, June 30, 2002 - 2007, September 30, 2.00 to 1.00 2007 and December 31, 2007 March 31, 2005 2008 and each fiscal quarter thereafter 1.75 to 1.0 June 30, 2005 and thereafter 1.50 to 1.01.00

Consolidated Senior Secured Leverage Ratio. Permit the Consolidated Senior Secured Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any end of each fiscal quarter set forth below to exceed be greater than the ratio set forth below opposite such fiscal quarterperiod below: Fiscal Quarters Ending Maximum Consolidated Fiscal Quarter Senior Secured Leverage Ratio -------------- ----------------------------- Closing Date through March 31, 2013 3.25:1.0 June 30, 2002 - 2013 through March 31, 2005 1.75 to 1.0 2014 3.00:1.0 June 30, 2005 2014 and each fiscal quarter thereafter 1.50 to 1.02.75:1.0

Consolidated Senior Secured Leverage Ratio. Permit As of the last day of any fiscal quarter of the Borrower, permit the Consolidated Senior Secured Leverage Ratio as at to be greater than the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter amount set forth below to exceed the ratio set forth below opposite for such fiscal quarter: Applicable Period Maximum Consolidated Fiscal Quarter Senior Secured Leverage Ratio -------------- ----------------------------- June 30From the Closing Date through the fiscal quarter ended October 3, 2002 - March 312020 4.25 to 1.00 From the fiscal quarter ended January 2, 2005 1.75 2021 through the fiscal quarter ended April 3, 2021 4.00 to 1.0 June 301.00 From the fiscal quarter ended July 3, 2005 2021 through the fiscal quarter ended October 2, 2021 3.75 to 1.00 From the fiscal quarter ended January 1, 2022 and thereafter 1.50 3.50 to 1.01.00