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

Consolidated Total Debt to EBITDA Ratio. (a) The Company will not, on the dates specified below, permit (a) the ratio of Consolidated Total Debt on such date to (b) Consolidated EBITDA for the period of four consecutive fiscal quarters of the Company then most recently ended, to be greater than the applicable amount set forth below: Date Ratio 12/31/03 5.00:1.00 3/31/04 4.15:1.00 6/30/04 3.65:1.00 9/30/04 3.45:1.00 12/31/04 3.45:1.00 3/31/05 3.20:1.00 6/30/05 3.05:1.00 9/30/05 2.90:1.00 12/31/05 2.85:1.00 3/31/06 2.85:1.00 6/30/06 and on the last day of each fiscal quarter thereafter 2.80:1.00

Consolidated Total Debt to EBITDA Ratio. (a) The Company will not, on the dates at any time during any period specified below, other than the last day of any fiscal quarter, permit (ai) the ratio of Consolidated Total Debt on at such date time to (bii) Consolidated EBITDA for the period of four consecutive fiscal quarters of the Company then most recently ended, to be greater than the applicable amount set forth belowopposite such period: Date Ratio 12/31/03 5.00:1.00 3/31/04 4.15:1.00 6/30/04 3.65:1.00 9/30/04 2/[ ]04-3/30/04 5.25:1.00 3/31/04-6/29/04 4.40:1.00 6/30/04-9/29/04 3.90:1.00 9/30/04-3/30/05 3.70:1.00 3/31/05-6/29/05 3.45:1.00 12/31/04 3.45:1.00 3/31/05 3.20:1.00 6/30/05 3.05:1.00 9/30/05 2.90:1.00 12/31/05 2.85:1.00 3/31/06 2.85:1.00 6/30/05-9/29/05 3.30:1.00 9/30/05-12/30/05 3.15:1.00 12/31/05-6/29/06 3.10:1.00 6/30/06 and on the last day of each fiscal quarter at all times thereafter 2.80:1.003.05:1.0

Consolidated Total Debt to EBITDA Ratio. (a) The Company will not, on at any time during the measurement dates specified set forth below, permit (a) the ratio of (i) Consolidated Total Debt on at such date time to (bii) Consolidated EBITDA for the period of four consecutive fiscal quarters of the Company then most recently endedended (“Consolidated Total Leverage Ratio”), to be greater than the applicable amount set forth below: Date opposite such measurement date(s): Period Ratio 12/31/03 5.00:1.00 3/31/04 4.15:1.00 6/30/04 3.65:1.00 9/30/04 3.45:1.00 12/31/04 3.45:1.00 3/31/05 3.20:1.00 6/30/05 3.05:1.00 9/30/05 2.90:1.00 12/31/05 2.85:1.00 3/31/06 2.85:1.00 6/30/06 From 09/30/10 to 12/30/10 12.75:1.00 From 12/31/10 to 03/30/11 7.50:1.00 From 03/31/11 to 06/29/11 6.25:1.00 From 06/30/11 to 09/29/11 4.75:1.00 From 09/30/11 and on the last day of each fiscal quarter at all times thereafter 2.80:1.004.00:1.00

Consolidated Total Debt to EBITDA Ratio. (a) The Company will not, on the dates specified below, permit (a) the ratio of Consolidated Total Debt on such date to (b) Consolidated EBITDA for the period of four consecutive fiscal quarters of the Company then most recently ended, to be greater than the applicable amount set forth below: Date Ratio 12/31/03 5.00:1.00 3/31/04 4.15:1.00 6/30/04 3.65:1.00 9/30/04 3.45:1.00 12/31/04 3.45:1.00 3/31/05 3.20:1.00 6/30/05 3.05:1.00 9/30/05 2.90:1.00 12/31/05 2.85:1.00 3/31/06 2.85:1.00 6/30/06 and on the last day of each fiscal quarter thereafter 2.80:1.00