Common use of Consolidated Total Debt Ratio Clause in Contracts

Consolidated Total Debt Ratio. Permit the Consolidated Total 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, 2006 4.75 to 1.00 March 31, 2007 4.75 to 1.00 June 30, 2007 4.75 to 1.00 September 30, 2007 4.75 to 1.00 December 31, 2007 4.50 to 1.00 March 31, 2008 4.50 to 1.00 June 30, 2008 4.50 to 1.00 September 30, 2008 4.50 to 1.00 December 31, 2008 4.25 to 1.00 March 31, 2009 4.25 to 1.00 June 30, 2009 4.25 to 1.00 September 30, 2009 4.25 to 1.00 December 31, 2009 and all times thereafter 4.00 to 1.00

Consolidated Total Debt Ratio. Permit the Consolidated Total 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 5.40 to 1.00 March 31, 2005 5.40 to 1.00 June 30, 2005 5.40 to 1.00 September 30, 2005 5.40 to 1.00 December 31, 2005 5.40 to 1.00 March 31, 2006 5.40 to 1.00 June 30, 2006 5.40 to 1.00 September 30, 2006 5.40 to 1.00 December 31, 2006 4.75 5.20 to 1.00 March 31, 2007 4.75 5.20 to 1.00 June 30, 2007 4.75 5.20 to 1.00 September 30, 2007 4.75 5.20 to 1.00 December 31, 2007 4.50 4.70 to 1.00 March 31, 2008 4.50 4.70 to 1.00 June 30, 2008 4.50 4.70 to 1.00 September 30, 2008 4.50 4.70 to 1.00 December 31, 2008 4.25 4.20 to 1.00 March 31, 2009 4.25 4.20 to 1.00 June 30, 2009 4.25 4.20 to 1.00 September 30, 2009 4.25 to 1.00 December 31, 2009 and all times thereafter 4.00 4.20 to 1.00

Consolidated Total Debt Ratio. Permit the Consolidated Total ----------------------------- Debt Ratio for as at the last day of any period of four consecutive fiscal quarters of the Borrower (or, if less, the number of full fiscal quarters in 1998) ending on or about with any date fiscal quarter set forth below to be greater than exceed the ratio set forth below opposite such datefiscal quarter: Date Consolidated Fiscal Quarter Total Debt Ratio -------------- ---------------- June 30, 1998 7.00 to 1.00 September 30, 1998 7.00 to 1.00 December 31, 2006 4.75 1998 6.00 to 1.00 March 31, 2007 4.75 1999 6.00 to 1.00 June 30, 2007 4.75 1999 4.80 to 1.00 September 30, 2007 4.75 1999 4.60 to 1.00 December 31, 2007 4.50 1999 4.40 to 1.00 March 31, 2008 4.50 2000 4.30 to 1.00 June 30, 2008 4.50 2000 4.20 to 1.00 September 30, 2008 4.50 2000 4.10 to 1.00 December 31, 2008 4.25 2000 4.00 to 1.00 March 31, 2009 4.25 to 1.00 June 30, 2009 4.25 to 1.00 September 30, 2009 4.25 to 1.00 December 31, 2009 and all times thereafter Thereafter 4.00 to 1.00

Consolidated Total Debt Ratio. Permit the Consolidated Total 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 5.65 to 1.00 March 31, 2005 5.65 to 1.00 June 30, 2005 5.65 to 1.00 September 30, 2005 5.65 to 1.00 December 31, 2005 5.65 to 1.00 March 31, 2006 5.65 to 1.00 June 30, 2006 5.65 to 1.00 September 30, 2006 5.65 to 1.00 December 31, 2006 4.75 5.45 to 1.00 March 31, 2007 4.75 5.45 to 1.00 June 30, 2007 4.75 5.45 to 1.00 September 30, 2007 4.75 5.45 to 1.00 December 31, 2007 4.50 4.95 to 1.00 March 31, 2008 4.50 4.95 to 1.00 June 30, 2008 4.50 4.95 to 1.00 September 30, 2008 4.50 4.95 to 1.00 December 31, 2008 4.25 4.45 to 1.00 March 31, 2009 4.25 4.45 to 1.00 June 30, 2009 4.25 4.45 to 1.00 September 30, 2009 4.25 4.45 to 1.00 December 31, 2009 and all times thereafter 4.00 4.45 to 1.00 March 31, 2010 4.45 to 1.00 June 30, 2010 4.45 to 1.00 September 30, 2010 4.45 to 1.00

Consolidated Total Debt Ratio. Permit the Consolidated Total 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 4.70 to 1.00 September 30, 1999 4.70 to 1.00 December 31, 2006 4.75 1999 4.70 to 1.00 March 31, 2007 4.75 2000 4.70 to 1.00 June 30, 2007 4.75 2000 4.70 to 1.00 September 30, 2007 4.75 2000 4.70 to 1.00 December 31, 2007 4.50 2000 4.70 to 1.00 March 31, 2008 2001 4.50 to 1.00 June 30, 2008 4.50 2001 4.30 to 1.00 September 30, 2008 4.50 2001 4.20 to 1.00 December 31, 2008 4.25 2001 3.75 to 1.00 March 31, 2009 4.25 2002 3.75 to 1.00 June 30, 2009 4.25 2002 3.50 to 1.00 September 30, 2009 4.25 2002 3.50 to 1.00 December 31, 2009 2002 3.50 to 1.00 March 31, 2003, and all times thereafter 4.00 3.25 to 1.00

Consolidated Total Debt Ratio. Permit the Consolidated Total 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 5.10 to 1.00 June 30, 1998 5.10 to 1.00 September 30, 1998 5.00 to 1.00 December 31, 2006 4.75 1998 4.95 to 1.00 March 31, 2007 4.75 1999 4.90 to 1.00 June 30, 2007 1999 4.75 to 1.00 September 30, 2007 4.75 1999 4.60 to 1.00 December 31, 2007 4.50 1999 4.60 to 1.00 March 31, 2008 4.50 2000 4.60 to 1.00 June 30, 2008 4.50 2000 4.60 to 1.00 September 30, 2008 4.50 2000 4.60 to 1.00 December 31, 2008 4.25 2000 4.30 to 1.00 March 31, 2009 4.25 2001 4.30 to 1.00 June 30, 2009 4.25 2001 4.30 to 1.00 September 30, 2009 4.25 2001 4.30 to 1.00 December 31, 2009 2001 and all times thereafter 4.00 to 1.00