Common use of Consolidated Total Debt to Consolidated EBITDA Ratio Clause in Contracts

Consolidated Total Debt to Consolidated EBITDA Ratio. The Borrower will not permit the Consolidated Total Debt to Consolidated EBITDA Ratio for any Test Period set forth below to be greater than the ratio set forth below opposite such period: Test Period Ending Ratio March 31, 2008 6.80 to 1.00 June 30, 2008 6.80 to 1.00 September 30, 2008 6.25 to 1.00 December 31, 2008 6.25 to 1.00 March 31, 2009 6.25 to 1.00 June 30, 2009 6.25 to 1.00 September 30, 2009 6.00 to 1.00 December 31, 2009 5.75 to 1.00 March 31, 2010 4.75 to 1.00 June 30, 2010 4.75 to 1.00 September 30, 2010 4.75 to 1.00 EXECUTION COPY Test Period Ending Ratio December 31, 2010 4.75 to 1.00 March 31, 2011 4.00 to 1.00 June 30, 2011 4.00 to 1.00 September 30, 2011 4.00 to 1.00 December 31, 2011 4.00 to 1.00 March 31, 2012 3.10 to 1.00 June 30, 2012 3.10 to 1.00 September 30, 2012 3.10 to 1.00 December 31, 2012 3.10 to 1.00 March 31, 2013 2.40 to 1.00 June 30, 2013 2.40 to 1.00 September 30, 2013 2.40 to 1.00 December 31, 2013 2.40 to 1.00

Consolidated Total Debt to Consolidated EBITDA Ratio. The Borrower Holdings will not permit the Consolidated Total Debt to Consolidated EBITDA Ratio for any Test Period ending during any period set forth below to be greater than the ratio set forth below opposite such period: Test Period Ending Ratio January 1, 2008 to March 31, 2008 6.80 9.50 to 1.00 April 1, 2008 to June 30, 2008 6.80 9.50 to 1.00 July 1, 2008 to September 30, 2008 6.25 9.50 to 1.00 October 1, 2008 to December 31, 2008 6.25 9.50 to 1.00 January 1, 2009 to March 31, 2009 6.25 9.25 to 1.00 April 1, 2009 to June 30, 2009 6.25 9.00 to 1.00 July 1, 2009 to September 30, 2009 6.00 8.50 to 1.00 October 1, 2009 to December 31, 2009 5.75 8.25 to 1.00 January 1, 2010 to March 31, 2010 4.75 8.00 to 1.00 April 1, 2010 to June 30, 2010 4.75 7.50 to 1.00 July 1, 2010 to September 30, 2010 4.75 7.00 to 1.00 EXECUTION COPY Test Period Ending Ratio October 1, 2010 to December 31, 2010 4.75 6.50 to 1.00 January 1, 2011 to March 31, 2011 4.00 6.50 to 1.00 April 1, 2011 to June 30, 2011 4.00 6.50 to 1.00 July 1, 2011 to September 30, 2011 4.00 6.25 to 1.00 October 1, 2011 to December 31, 2011 4.00 6.25 to 1.00 January 1, 2012 to March 31, 2012 3.10 6.25 to 1.00 April 1, 2012 to June 30, 2012 3.10 6.25 to 1.00 July 1, 2012 to September 30, 2012 3.10 6.00 to 1.00 October 1, 2012 to December 31, 2012 3.10 6.00 to 1.00 January 1, 2013 to March 31, 2013 2.40 6.00 to 1.00 April 1, 2013 to June 30, 2013 2.40 5.75 to 1.00 July 1, 2013 to September 30, 2013 2.40 5.75 to 1.00 October 1, 2013 to December 31, 2013 2.40 5.50 to 1.00 January 1, 2014 to March 31, 2014 5.50 to 1.00 April 1, 2014 to June 30, 2014 5.50 to 1.00 July 1, 2014 and thereafter 5.50 to 1.00

Consolidated Total Debt to Consolidated EBITDA Ratio. The Borrower will not permit the Consolidated Total Debt to Consolidated EBITDA Ratio for any Test Period ending during any period set forth below to be greater than the ratio set forth below opposite such period: Test Period Ending Ratio June 30, 2008 4.75:1.00 September 30, 2008 4.75:1.00 December 31, 2008 4.75:1.00 March 31, 2009 4.00:1.00 June 30, 2009 4.00:1.00 September 30, 2009 4.00:1.00 December 31, 2009 4.00:1.00 65 Period Ratio March 31, 2008 6.80 to 1.00 June 30, 2008 6.80 to 1.00 September 30, 2008 6.25 to 1.00 December 31, 2008 6.25 to 1.00 March 31, 2009 6.25 to 1.00 June 30, 2009 6.25 to 1.00 September 30, 2009 6.00 to 1.00 December 31, 2009 5.75 to 1.00 March 31, 2010 4.75 to 1.00 3.25:1.00 June 30, 2010 4.75 to 1.00 3.25:1.00 September 30, 2010 4.75 to 1.00 EXECUTION COPY Test Period Ending Ratio 3.25:1.00 December 31, 2010 4.75 to 1.00 3.25:1.00 March 31, 2011 4.00 to 1.00 3.00:1.00 June 30, 2011 4.00 to 1.00 3.00:1.00 September 30, 2011 4.00 to 1.00 3.00:1.00 December 31, 2011 4.00 to 1.00 3.00:1.00 March 31, 2012 3.10 to 1.00 3.00:1.00 June 30, 2012 3.10 to 1.00 3.00:1.00 September 30, 2012 3.10 to 1.00 3.00:1.00 December 31, 2012 3.10 to 1.00 3.00:1.00 March 31, 2013 2.40 to 1.00 3.00:1.00 June 30, 2013 2.40 to 1.00 3.00:1.00 September 30, 2013 2.40 to 1.00 3.00:1.00 December 31, 2013 2.40 to 1.003.00:1.00

Consolidated Total Debt to Consolidated EBITDA Ratio. The Holdings and the Borrower will not permit the Consolidated Total Debt to Consolidated EBITDA Ratio for any Test Period ending during any period set forth below to be greater than the ratio set forth below opposite such period: Test Period Ending Ratio March 1, 2004 to May 30, 2004 7.50 to 1.00 May 31, 2004 to August 29, 2004 7.50 to 1.00 August 30 2004 to November 28, 2004 7.50 to 1.00 November 29, 2004 to February 27, 2005 7.50 to 1.00 February 28, 2005 to May 29, 2005 7.25 to 1.00 May 30, 2005 to August 28, 2005 7.25 to 1.00 August 29 2005 to November 27, 2005 7.00 to 1.00 November 28, 2005 to February 26, 2006 6.75 to 1.00 February 27, 2006 to May 28, 2006 6.75 to 1.00 May 29, 2006 to August 27, 2006 6.50 to 1.00 August 28 2006 to November 26, 2006 6.25 to 1.00 November 27, 2006 to February 25, 2007 6.00 to 1.00 February 26, 2007 to May 27, 2007 5.75 to 1.00 May 28, 2007 to August 26, 2007 5.75 to 1.00 August 27, 2007 December 2, 2007 5.50 to 1.00 December 3, 2007 to March 2, 2008 5.50 to 1.00 March 3, 2008 to June 1, 2008 5.25 to 1.00 June 2, 2008 to August 31, 2008 6.80 5.25 to 1.00 June September 1, 2008 to November 30, 2008 6.80 to 1.00 September 30, 2008 6.25 5.00 to 1.00 December 311, 2008 6.25 to March 1, 2009 5.00 to 1.00 March 2, 2009 to May 31, 2009 6.25 to 1.00 June 30, 2009 6.25 to 1.00 September 30, 2009 6.00 to 1.00 December 31, 2009 5.75 to 1.00 March 31, 2010 4.75 to 1.00 June 1, 2009 to August 30, 2009 4.75 to 1.00 August 31, 2009 to November 29, 2009 4.50 to 1.00 November 30, 2009 to February 28, 2010 4.50 to 1.00 March 1, 2010 to May 30, 2010 4.75 4.25 to 1.00 September June 1, 2010 to August 29, 2010 4.25 to 1.00 August 30, 2010 4.75 to 1.00 EXECUTION COPY Test Period Ending Ratio December 31November 28, 2010 4.75 to 1.00 March 31, 2011 4.00 to 1.00 June 30November 29, 2011 2010 and thereafter 4.00 to 1.00 September 30, 2011 4.00 to 1.00 December 31, 2011 4.00 to 1.00 March 31, 2012 3.10 to 1.00 June 30, 2012 3.10 to 1.00 September 30, 2012 3.10 to 1.00 December 31, 2012 3.10 to 1.00 March 31, 2013 2.40 to 1.00 June 30, 2013 2.40 to 1.00 September 30, 2013 2.40 to 1.00 December 31, 2013 2.40 to 1.00

Consolidated Total Debt to Consolidated EBITDA Ratio. The Borrower will not permit the Consolidated Total Debt to Consolidated EBITDA Ratio for any Test Period ending on the last day of the fiscal quarter set forth below to be greater than the ratio set forth below opposite such period: Test Period Ending Ratio March May 1, 2006 to July 31, 2006 7.75 to 1.00 August 1, 2006 to October 31, 2006 7.75 to 1.00 November 1, 2006 to January 31, 2007 7.50 to 1.00 Period Ratio February 1, 2007 to April 30, 2007 7.50 to 1.00 May 1, 2007 to July 31, 2007 7.50 to 1.00 August 1, 2007 to October 31, 2007 7.50 to 1.00 November 1, 2007 to January 31, 2008 6.80 6.75 to 1.00 June February 1, 2008 to April 30, 2008 6.80 6.75 to 1.00 September 30May 1, 2008 6.25 to 1.00 December July 31, 2008 6.25 6.75 to 1.00 March August 1, 2008 to October 31, 2008 6.75 to 1.00 November 1, 2008 to January 31, 2009 6.25 6.00 to 1.00 June 30February 1, 2009 6.25 to 1.00 September April 30, 2009 6.00 to 1.00 December May 1, 2009 to July 31, 2009 5.75 6.00 to 1.00 March August 1, 2009 to October 31, 2009 6.00 to 1.00 November 1, 2009 to January 31, 2010 4.75 5.50 to 1.00 June February 1, 2010 to April 30, 2010 4.75 5.50 to 1.00 September 30May 1, 2010 4.75 to 1.00 EXECUTION COPY Test Period Ending Ratio December July 31, 2010 4.75 5.50 to 1.00 March August 1, 2010 to October 31, 2010 5.50 to 1.00 November 1, 2010 to January 31, 2011 4.00 to 1.00 June 30, 2011 4.00 to 1.00 September 30, 2011 4.00 to 1.00 December 31, 2011 4.00 to 1.00 March 31, 2012 3.10 to 1.00 June 30, 2012 3.10 to 1.00 September 30, 2012 3.10 to 1.00 December 31, 2012 3.10 to 1.00 March 31, 2013 2.40 to 1.00 June 30, 2013 2.40 to 1.00 September 30, 2013 2.40 to 1.00 December 31, 2013 2.40 and thereafter 5.00 to 1.00

Consolidated Total Debt to Consolidated EBITDA Ratio. The Holdings and the Borrower will not permit the Consolidated Total Debt to Consolidated EBITDA Ratio for any Test Period ending during any period set forth below to be greater than the ratio set forth below opposite such period: Test 116 Period Ending Ratio February 28, 2005 to May 29, 2005 7.25 to 1.00 May 30, 2005 to August 28, 2005 7.25 to 1.00 August 29 2005 to November 27, 2005 7.00 to 1.00 November 28, 2005 to February 26, 2006 6.75 to 1.00 February 27, 2006 to May 28, 2006 6.75 to 1.00 May 29, 2006 to August 27, 2006 6.50 to 1.00 August 28 2006 to November 26, 2006 6.25 to 1.00 November 27, 2006 to February 25, 2007 6.00 to 1.00 February 26, 2007 to May 27, 2007 5.75 to 1.00 May 28, 2007 to August 26, 2007 5.75 to 1.00 August 27, 2007 December 2, 2007 5.50 to 1.00 December 3, 2007 to March 2, 2008 5.50 to 1.00 March 3, 2008 to June 1, 2008 5.25 to 1.00 June 2, 2008 to August 31, 2008 6.80 5.25 to 1.00 June September 1, 2008 to November 30, 2008 6.80 to 1.00 September 30, 2008 6.25 5.00 to 1.00 December 311, 2008 6.25 to March 1, 2009 5.00 to 1.00 March 2, 2009 to May 31, 2009 6.25 to 1.00 June 30, 2009 6.25 to 1.00 September 30, 2009 6.00 to 1.00 December 31, 2009 5.75 to 1.00 March 31, 2010 4.75 to 1.00 June 1, 2009 to August 30, 2009 4.75 to 1.00 August 31, 2009 to November 29, 2009 4.50 to 1.00 November 30, 2009 to February 28, 2010 4.50 to 1.00 March 1, 2010 to May 30, 2010 4.75 4.25 to 1.00 September June 1, 2010 to August 29, 2010 4.25 to 1.00 August 30, 2010 4.75 to 1.00 EXECUTION COPY Test Period Ending Ratio December 31November 28, 2010 4.75 to 1.00 March 31, 2011 4.00 to 1.00 June 30November 29, 2011 2010 and thereafter 4.00 to 1.00 September 30, 2011 4.00 to 1.00 December 31, 2011 4.00 to 1.00 March 31, 2012 3.10 to 1.00 June 30, 2012 3.10 to 1.00 September 30, 2012 3.10 to 1.00 December 31, 2012 3.10 to 1.00 March 31, 2013 2.40 to 1.00 June 30, 2013 2.40 to 1.00 September 30, 2013 2.40 to 1.00 December 31, 2013 2.40 to 1.00

Consolidated Total Debt to Consolidated EBITDA Ratio. The Borrower will not permit the Consolidated Total Debt to Consolidated EBITDA Ratio for any Test Period ending on the last day of the fiscal quarter set forth below to be greater than the ratio set forth below opposite such period: Test Period Ending Ratio March May 1, 2006 to July 31, 2006 7.75 to 1.00 August 1, 2006 to October 31, 2006 7.75 to 1.00 November 1, 2006 to January 31, 2007 7.50 to 1.00 February 1, 2007 to April 30, 2007 7.50 to 1.00 Period Ratio May 1, 2007 to July 31, 2007 7.50 to 1.00 August 1, 2007 to October 31, 2007 7.50 to 1.00 November 1, 2007 to January 31, 2008 6.80 6.75 to 1.00 June February 1, 2008 to April 30, 2008 6.80 6.75 to 1.00 September 30May 1, 2008 6.25 to 1.00 December July 31, 2008 6.25 6.75 to 1.00 March August 1, 2008 to October 31, 2008 6.75 to 1.00 November 1, 2008 to January 31, 2009 6.25 6.00 to 1.00 June 30February 1, 2009 6.25 to 1.00 September April 30, 2009 6.00 to 1.00 December May 1, 2009 to July 31, 2009 5.75 6.00 to 1.00 March August 1, 2009 to October 31, 2009 6.00 to 1.00 November 1, 2009 to January 31, 2010 4.75 5.50 to 1.00 June February 1, 2010 to April 30, 2010 4.75 5.50 to 1.00 September 30May 1, 2010 4.75 to 1.00 EXECUTION COPY Test Period Ending Ratio December July 31, 2010 4.75 5.50 to 1.00 March August 1, 2010 to October 31, 2010 5.50 to 1.00 November 1, 2010 to January 31, 2011 4.00 5.00 to 1.00 June 30February 1, 2011 4.00 to 1.00 September 30, 2011 4.00 to 1.00 December 31, 2011 4.00 to 1.00 March July 31, 2012 3.10 5.50 to 1.00 June 30August 1, 2012 3.10 to 1.00 September 30, 2012 3.10 to 1.00 December October 31, 2012 3.10 to 1.00 March 31, 2013 2.40 to 1.00 June 30, 2013 2.40 to 1.00 September 30, 2013 2.40 to 1.00 December 31, 2013 2.40 and thereafter 5.00 to 1.00

Consolidated Total Debt to Consolidated EBITDA Ratio. The Borrower will not permit the Consolidated Total Debt to Consolidated EBITDA Ratio for any Test Period ending during any period set forth below to be greater than the ratio set forth below opposite such period: Test Period Ending Ratio March 31, 2007 5.75:1.00 June 30, 2007 5.75:1.00 September 30, 2007 5.75:1.00 December 31, 2007 5.75:1.00 March 31, 2008 6.80 to 1.00 5.50:1.00 June 30, 2008 6.80 to 1.00 5.50:1.00 September 30, 2008 6.25 to 1.00 5.25:1.00 December 31, 2008 6.25 to 1.00 5.25:1.00 March 31, 2009 6.25 to 1.00 5.00:1.00 June 30, 2009 6.25 to 1.00 5.00:1.00 September 30, 2009 6.00 to 1.00 4.50:1.00 December 31, 2009 5.75 to 1.00 4.50:1.00 March 31, 2010 4.75 to 1.00 4.50:1.00 June 30, 2010 4.75 to 1.00 4.50:1.00 September 30, 2010 4.75 to 1.00 EXECUTION COPY Test Period Ending Ratio 4.00:1.00 December 31, 2010 4.75 to 1.00 4.00:1.00 March 31, 2011 4.00 to 1.00 4.00:1.00 June 30, 2011 4.00 to 1.00 4.00:1.00 September 30, 2011 4.00 to 1.00 3.50:1.00 December 31, 2011 4.00 to 1.00 3.50:1.00 March 31, 2012 3.10 to 1.00 3.50:1.00 June 30, 2012 3.10 to 1.00 3.50:1.00 September 30, 2012 3.10 to 1.00 3.00:1.00 December 31, 2012 3.10 to 1.00 3.00:1.00 March 31, 2013 2.40 to 1.00 3.00:1.00 June 30, 2013 2.40 to 1.00 3.00:1.00 September 30, 2013 2.40 to 1.00 3.00:1.00 December 31, 2013 2.40 to 1.003.00:1.00