Common use of Consolidated Total Leverage Ratio Clause in Contracts

Consolidated Total Leverage Ratio. As of the end of each fiscal quarter of the Parent Borrower, the Consolidated Total Leverage Ratio will be not greater than: Closing Date through June 30, 2009 4.5:1.0 July 1, 2009 and thereafter 4.25:1.0

Consolidated Total Leverage Ratio. As of Commencing with the end of each fiscal quarter of the Parent BorrowerMeasurement Period ending December 31, 2013, permit the Consolidated Total Leverage Ratio will as of the end of any Measurement Period to be not greater than: Closing Date through June 30than 4.00 to 1.00. Notwithstanding the foregoing, 2009 4.5:1.0 July 1commencing with the Measurement Period ending on the last day of the fiscal quarter in which a Notes Offering occurs, 2009 and thereafter 4.25:1.0as of the end of any Measurement Period thereafter, the maximum permitted Consolidated Total Leverage Ratio shall increase to 4.50 to 1.00.

Consolidated Total Leverage Ratio. As Permit the Consolidated Total Leverage Ratio as of the end of each any fiscal quarter of the Parent Borrower, during the Consolidated Total Leverage Ratio will applicable period set forth below to be not greater thanthan the ratio corresponding to such period as set forth below: Closing Date through June 30, 2009 4.5:1.0 2013 4.00:1.00 July 1, 2009 and thereafter 4.25:1.02013 through December 31, 2013 3.75:1.00 Thereafter 3.50:1.00

Consolidated Total Leverage Ratio. As The Consolidated Total Leverage Ratio as of the end of each fiscal quarter of any Fiscal Quarter set forth below shall not be greater than the Parent Borrower, the Consolidated Total Leverage Ratio will be not greater thanratio set forth opposite such Fiscal Quarter: Closing Date through June 30, 2009 4.5:1.0 July 12019 through and including September 30, 2009 and thereafter 4.25:1.02020 3.75 to 1.00 December 31, 2020 through the Termination Date 3.25 to 1.00

Consolidated Total Leverage Ratio. As of any Fiscal Quarter ending during the end of each fiscal quarter of the Parent Borrowerperiods specified below, permit the Consolidated Total Leverage Ratio will to be not greater thanthan the corresponding ratio set forth below: Closing Date through June March 30, 2009 4.5:1.0 July 12013 5.00 to 1.00 March 31, 2009 2013 and thereafter 4.25:1.04.75 to 1.00

Consolidated Total Leverage Ratio. As of the end of each fiscal quarter of the Parent Borrowerquarter, permit the Consolidated Total Leverage Ratio will to be not greater than: Closing Date through June December 30, 2009 4.5:1.0 July 12007 5.5:1.0 December 31, 2009 2007 through September 29, 2008 5.0:1.0 September 30, 2008 and thereafter 4.25:1.04.5:1.0

Consolidated Total Leverage Ratio. As of the end last day of each any fiscal quarter of ending during the Parent Borrowerperiods specified below, permit the Consolidated Total Leverage Ratio will to be not greater thanthan the corresponding ratio set forth below: Closing First Amendment Effective Date through June December 30, 2009 4.5:1.0 July 12020 5.50 to 1.00 December 31, 2009 2020 through December 30, 2021 5.25 to 1.00 December 31, 2021 and thereafter 4.25:1.05.00 to 1.00

Consolidated Total Leverage Ratio. As of the end of each fiscal quarter of the Parent Borrower, the The Consolidated Total Leverage Ratio will shall be not no greater than: Closing Date through than (i) 3.75 to 1.0 for the fiscal quarters ending September 30, 2009, December 31, 2009 and March 31, 2010; and (ii) 3.50 to 1.0 for the fiscal quarter ending June 30, 2009 4.5:1.0 July 1, 2009 2010 and thereafter 4.25:1.0at each Calculation Date thereafter.

Consolidated Total Leverage Ratio. As of the end last day of each the fiscal quarter then ending June 30, 2016 of the Parent Borrower, permit the Consolidated Total Leverage Ratio will to be not greater than: Closing Date through June than 5.00 to 1.00. As of the last day of the fiscal quarter then ending September 30, 2009 4.5:1.0 July 12016 of the Borrower, 2009 permit the Consolidated Total Leverage Ratio to be greater than 4.75 to 1.00.” " "" For the avoidance of doubt, with respect to the fiscal quarter ending December 31, 2016 and thereafter 4.25:1.0each fiscal quarter thereafter, no such amendment shall apply.

Consolidated Total Leverage Ratio. As of the end last day of each any fiscal quarter of ending during the Parent Borrowerperiods specified below, permit the Consolidated Total Leverage Ratio will to be not greater thanthan the corresponding ratio set forth below: Closing Date through June December 30, 2009 4.5:1.0 July 12017 5.25 to 1.00 December 31, 2009 2017 through December 30, 2018 5.00 to 1.00 December 31, 2018 through December 30, 2019 4.75 to 1.00 December 31, 2019 and thereafter 4.25:1.04.50 to 1.00

Consolidated Total Leverage Ratio. As of the end of each fiscal quarter of the Parent Borrower, Permit the Consolidated Total Leverage Ratio will as of the end of any fiscal quarter to be not greater than: than the ratio set forth below opposite such fiscal quarter5.00:1:00. Closing Date through June 30, 2009 4.5:1.0 July 12015 5.00:1.00 September 30, 2009 2015 and thereafter 4.25:1.04.50:1.00

Consolidated Total Leverage Ratio. As of the end of each any fiscal quarter of ending during the Parent Borrowerperiods specified below, permit the Consolidated Total Leverage Ratio will to be not greater thanthan the corresponding ratio set forth below: Closing Date through June 30, 2009 4.5:1.0 2012 2.50 to 1.00 July 1, 2009 2012 through June 30, 2014 2.25 to 1.00 July 1, 2014 and thereafter 4.25:1.02.00 to 1.00

Consolidated Total Leverage Ratio. As of the end of each fiscal quarter of the Parent Borrower, Permit the Consolidated Total Leverage Ratio will at the end of any fiscal quarter of the Borrower to be not greater thanthan the ratio set forth below opposite such date: Closing Date through March 31, 2009 2.50 to 1.0 June 30, 2009 4.5:1.0 July 1through March 31, 2009 2010 2.25 to 1.0 June 30, 2010 and thereafter 4.25:1.02.00 to 1.0

Consolidated Total Leverage Ratio. As of the end last day of each fiscal quarter of the Parent Borrowerquarter, the Consolidated Total Leverage Ratio will shall be not greater than: Closing Date through June September 30, 2009 4.5:1.0 July 12011 3.75:1.0 December 31, 2009 2011 through September 30, 2013 3.50:1.0 December 31, 2013 and thereafter 4.25:1.03.25:1.0

Consolidated Total Leverage Ratio. As of the end of each any fiscal quarter of ending during the Parent Borrowerperiods specified below, permit the Consolidated Total Leverage Ratio will to be not greater thanthan the corresponding ratio set forth below: Closing Date through June 30, 2009 4.5:1.0 July 1, 2009 and each fiscal quarter ending during Fiscal Year 2013 3.50 to 1.00 Each fiscal quarter ending during Fiscal Year 2014 3.35 to 1.00 Each fiscal quarter ending during Fiscal Year 2015 3.00 to 1.00 Each fiscal quarter ending during Fiscal Year 2016 2.75 to 1.00 Each fiscal quarter thereafter 4.25:1.02.50 to 1.00

Consolidated Total Leverage Ratio. As of at the end of each any fiscal quarter of occurring after the Parent BorrowerClosing Date, the Consolidated Total Leverage Ratio will be for the Reference Period then ended shall not greater than: Closing Date through June 30, 2009 4.5:1.0 July 1, 2009 and thereafter 4.25:1.0exceed 1.75:1.00.

Consolidated Total Leverage Ratio. As of the end last day of each any fiscal quarter of the Parent Borrower, permit the Consolidated Total Leverage Ratio will to be not greater thanthan the amount set forth below for such fiscal quarter: From the Closing Date through June 30the fiscal quarter ended October 3, 2009 4.5:1.0 2020 5.75 to 1.00 The fiscal quarter ended January 2, 2021 5.00 to 1.00 The fiscal quarter ended April 3, 2021 4.75 to 1.00 The fiscal quarter ended July 13, 2009 2021 and thereafter 4.25:1.04.50 to 1.00

Consolidated Total Leverage Ratio. As of the end of each fiscal quarter of the Parent Borrower, Permit the Consolidated Total Leverage Ratio will as of the last day of any fiscal quarter of the Borrower ending during the periods specified below to be not greater thanthan the ratio set forth below opposite such period: Closing Date through June 29, 2012 5.00 to 1.00 June 30, 2009 4.5:1.0 July 12012 through June 29, 2009 2013 4.50 to 1.00 June 30, 2013 through June 29, 2014 4.00 to 1.00 June 30, 2014 and each fiscal quarter thereafter 4.25:1.03.50 to 1.00 A/74396737.7

Consolidated Total Leverage Ratio. As of the end of each fiscal quarter of the Parent Borrower, the Consolidated Total Leverage Ratio will be not greater than: Closing Date through June September 30, 2009 4.5:1.0 July 12013 3.75:1.0 December 31, 2009 2013 and thereafter 4.25:1.03.50:1.0

Consolidated Total Leverage Ratio. As of the end of each fiscal quarter of the Parent Borrower, Permit the Consolidated Total Leverage Ratio will at any time during any period of four fiscal quarters of the Borrower set forth below to be not greater thanthan the ratio set forth below opposite such period: Closing Date through September 30, 2005 5.50 to 1.0 December 31, 2005 through June 30, 2009 4.5:1.0 July 12006 5.00 to 1.0 September 30, 2009 2006 and each fiscal quarter thereafter 4.25:1.04.75 to 1.0

Consolidated Total Leverage Ratio. As of the end of each fiscal quarter of ending during the Parent Borrowerfollowing periods, the Consolidated Total Leverage Ratio will shall be not greater thanless than or equal to: Closing Date through June September 30, 2009 4.5:1.0 July 2011 2.00 to 1.00 October 1, 2009 2011 and thereafter 4.25:1.01.75 to 1.00

Consolidated Total Leverage Ratio. As of the end last day of each any fiscal quarter of ending during the Parent Borrowerperiods specified below, permit the Consolidated Total Leverage Ratio will to be not greater thanthan the corresponding ratio set forth below: Closing Date March 31, 2012 through June September 30, 2009 4.5:1.0 July 2012 4.00 to 1.00 October 1, 2009 2012 through September 30, 2013 3.75 to 1.00 October 1, 2013 through September 30, 2014 3.50 to 1.00 October 1, 2014 through September 30, 2015 3.25 to 1.00 October 1, 2015 and thereafter 4.25:1.03.00 to 1.00

Consolidated Total Leverage Ratio. As of the end last day of each fiscal quarter of any Fiscal Quarter ending during the Parent Borrowerperiods specified below, permit the Consolidated Total Leverage Ratio will to be not greater thanthan the corresponding ratio set forth below: Closing Date through June 30September 24, 2009 4.5:1.0 July 12016 2.50 to 1.00 December 24, 2009 2016 and thereafter 4.25:1.02.00 to 1.00

Consolidated Total Leverage Ratio. As of the end last day of each (i) the fiscal quarter of the Parent Borrowerended December 31, 2013, permit the Consolidated Total Leverage Ratio will to be not greater than: Closing Date through June 30, 2009 4.5:1.0 July than 3.25 to 1.00 and (ii) any fiscal quarter ending after October 1, 2009 and thereafter 4.25:1.02015, permit the Consolidated Total Leverage Ratio to be greater than 4.75 to 1.00.”

Consolidated Total Leverage Ratio. As of the end of each fiscal quarter of the Parent Borrower, Permit the Consolidated Total Leverage Ratio will as of the end of any fiscal quarter of the Borrower set forth below to be not greater thanthan the ratio set forth opposite such fiscal quarter: Closing Date through March 31, 2004 3.25:1.0 June 30, 2009 4.5:1.0 July 12004 3.25:1.0 September 30, 2009 and thereafter 4.25:1.02004 3.25:1.0

Consolidated Total Leverage Ratio. As of the end of each fiscal quarter of the Parent Borrower, Permit the Consolidated Total Leverage Ratio will at any time during any period of four fiscal quarters of the Borrower set forth below to be not greater thanthan the ratio set forth below opposite such period: Closing Date through September 30, 2005 6.00 to 1.0 December 31, 2005 through June 30, 2009 4.5:1.0 July 12006 5.50 to 1.0 September 30, 2009 2006 and each fiscal quarter thereafter 4.25:1.05.25 to 1.0

Consolidated Total Leverage Ratio. As of the end of each fiscal quarter of ending during the Parent Borrowerfollowing periods, the Consolidated Total Leverage Ratio will shall be not greater thanless than or equal to: Period Maximum Ratio Closing Date through June 30March 31, 2009 4.5:1.0 July 2017 2.75 to 1.00 April 1, 2009 2017 and thereafter 4.25:1.02.50 to 1.00

Consolidated Total Leverage Ratio. As of the end last day of each any fiscal quarter of the Parent Borrower, permit the Consolidated Total Leverage Ratio will to be not greater thanthan the amount set forth below for such fiscal quarter: Applicable Period Maximum Consolidated Total Leverage Ratio From the Closing Date through June 30the fiscal quarter ended October 3, 2009 4.5:1.0 2020 4.25 to 1.00 From the fiscal quarter ended January 2, 2021 through the fiscal quarter ended April 3, 2021 4.00 to 1.00 From the fiscal quarter ended July 3, 2021 through the fiscal quarter ended October 2, 2021 3.75 to 1.00 From the fiscal quarter ended January 1, 2009 2022 and thereafter 4.25:1.03.50 to 1.00

Consolidated Total Leverage Ratio. As of During each period described below, the end of each fiscal quarter of the Parent Borrower, Borrower will not permit the Consolidated Total Leverage Ratio will at any time to be not greater thanthan the ratio set forth opposite such period: CONSOLIDATED TOTAL PERIOD LEVERAGE RATIO Second Closing Date through June 30March 31, 2009 4.5:1.0 July 2005 3.50 to 1 April 1, 2009 2005 through March 31, 2006 3.00 to 1 April 1, 2006 through March 31, 2007 2.75 to 1 April 1, 2007 through March 31, 2008 2.25 to 1 April 1, 2008 and thereafter 4.25:1.02.00 to 1

Consolidated Total Leverage Ratio. As of During each period described below, the end of each fiscal quarter of the Parent Borrower, Borrower will not permit the Consolidated Total Leverage Ratio will at any time to be not greater thanthan the ratio set forth opposite such period: Period Consolidated Total Leverage Ratio Closing Date through June 30March 31, 2009 4.5:1.0 July 2007 2.50 to 1 April 1, 2009 2007 through March 31, 2008 2.25 to 1 April 1, 2008 and thereafter 4.25:1.02.00 to 1

Consolidated Total Leverage Ratio. As of the end of each fiscal quarter of the Parent Borrower, Permit the Consolidated Total Leverage Ratio will as of the last day of any fiscal quarter ending during any period listed in the table below to be not greater than: than the ratio set forth opposite such period. Closing Date through June 30— December 31, 2009 4.5:1.0 July 2013 3.50 to 1.00 January 1, 2009 2014 and thereafter 4.25:1.03.25 to 1.00

Consolidated Total Leverage Ratio. As Permit the Consolidated Total Leverage Ratio as of the end of each any fiscal quarter of the Parent Borrower, during the Consolidated Total Leverage Ratio will applicable period set forth below to be not greater thanthan the ratio corresponding to such period as set forth below: Closing Date through June 30, 2009 4.5:1.0 2013 4.00:1.00 July 1, 2009 and thereafter 4.25:1.02013 through December 31, 2013 3.75:1.00 January 1, 2014 through June 30, 2014 4.00:1.00 July 1, 2014 through September 30, 2014 3.75:1.00 Thereafter 3.50:1.00

Consolidated Total Leverage Ratio. As Permit the Consolidated Total Leverage Ratio as of the end of each any fiscal quarter of the Parent Borrower, during the Consolidated Total Leverage Ratio will applicable period set forth below to be not greater thanthan the ratio corresponding to such period as set forth below: Closing Date through June 30, 2009 4.5:1.0 2013 4.00:1.00 July 1, 2009 and thereafter 4.25:1.02013 through December 31, 2013 3.75:1.00 January 1, 2014 through March 31, 2014 4.00:1.00 April 1, 2014 through June 30, 2014 4.00:1.00 July 1, 2014 through September 30, 2014 3.75:1.00 Thereafter 3.50:1.00

Consolidated Total Leverage Ratio. As of the end of each fiscal quarter of the Parent Borrower, the The Consolidated Total Leverage Ratio will shall be not no greater than: Closing Date through than (i) 3.50 to 1.0 for the fiscal quarters ending December 31, 2014, March 31, 2015, June 30, 2009 4.5:1.0 July 12015 and September 30, 2009 2015; and thereafter 4.25:1.0(ii) 3.25 to 1.0 beginning with the fiscal quarter ending December 31, 2015 and at each Calculation Date thereafter.

Consolidated Total Leverage Ratio. As of the end last day of each fiscal quarter of any Fiscal Quarter ending during the Parent Borrowerperiods specified below, permit the Consolidated Total Leverage Ratio will to be not greater thanthan the corresponding ratio set forth below: Closing Date through June 30, the 3rd Fiscal Quarter of Fiscal Year 2009 4.5:1.0 July 1, 4.00 to 1.00 The 4th Fiscal Quarter of Fiscal Year 2009 through the 3rd Fiscal Quarter of Fiscal Year 2010 3.75 to 1.00 The 4th Fiscal Quarter of Fiscal Year 2010 through the 3rd Fiscal Quarter of Fiscal Year 2011 3.50 to 1.00 The 4th Fiscal Quarter of Fiscal Year 2011 and thereafter 4.25:1.03.25 to 1.00

Consolidated Total Leverage Ratio. As of the end of each fiscal quarter of ending during the Parent Borrowerfollowing periods, the Consolidated Total Leverage Ratio will shall be not greater thanless than or equal to: Closing Date through June March 31, 2007 (excluding the fiscal quarter ending September 30, 2009 4.5:1.0 July 2006) 6.45 to 1.00 April 1, 2007 through December 31, 2007 6.15 to 1.00 January 1, 2008 through December 31, 2008 5.45 to 1.00 January 1, 2009 through December 31, 2009 4.75 to 1.00 January 1, 2010 through December 31, 2010 4.10 to 1.00 January 1, 2011 and thereafter 4.25:1.03.90 to 1.00

Consolidated Total Leverage Ratio. As of the end of each any fiscal quarter of the Parent Borrowerending during a period specified below, permit the Consolidated Total Leverage Ratio will to be not greater thanthan the corresponding ratio set forth below: PERIOD MAXIMUM RATIO ------ ------------- Closing Date through June 30December 31, 2009 4.5:1.0 July 2006 5.50 to 1.00 January 1, 2009 2007 through December 31, 2007 5.25 to 1.00 January 1, 2008 and thereafter 4.25:1.05.00 to 1.00

Consolidated Total Leverage Ratio. As of the any Fiscal Quarter end of each fiscal quarter of the Parent Borrowerduring any period set forth below, permit the Consolidated Total Leverage Ratio will for the four consecutive Fiscal Quarter period ending on such date to be not greater thanthan the corresponding ratio set forth below: Maximum Consolidated Four Fiscal Quarters Ending Total Leverage Ratio ------------------------------------------------------------------------ Closing Date through June April 30, 2009 4.5:1.0 2003 2.50 to 1.00 July 131, 2009 2003 and each Fiscal Quarter thereafter 4.25:1.02.00 to 1.00

Consolidated Total Leverage Ratio. As of the end of each fiscal quarter of to occur during the Parent Borrowerperiods shown, the Consolidated Total Leverage Ratio will shall be not greater than: Closing Date through June 30December 31, 2009 4.5:1.0 July 1998 4.25:1.0 January 1, 2009 1999 and thereafter 4.25:1.04.0:1.0

Consolidated Total Leverage Ratio. As of the end of each fiscal quarter of the Parent Borrower, Permit the Consolidated Total Leverage Ratio will as of the end of any fiscal quarter to be not greater thanthan the ratio set forth below opposite such fiscal quarter: Closing Date through June 30, 2009 4.5:1.0 July 12015 5.00:1.00 September 30, 2009 2015 and thereafter 4.25:1.04.50:1.00

Consolidated Total Leverage Ratio. As Permit the Consolidated Total Leverage Ratio as of the end of each fiscal quarter of set forth below to be greater than the Parent Borrower, the Consolidated Total Leverage Ratio will be not greater thanratio set forth opposite such period below: Closing Date through March 31, 2013 6.00:1.0 June 30, 2009 4.5:1.0 July 12013 through March 31, 2009 2014 5.75:1.0 June 30, 2014 and each fiscal quarter thereafter 4.25:1.05.50:1.0

Consolidated Total Leverage Ratio. As of the end of each fiscal quarter of to occur during the Parent Borrowerperiods shown, the Consolidated Total Leverage Ratio will shall be not greater than: Closing Date through June December 30, 2009 4.5:1.0 July 11998 4.25:1.0 December 31, 2009 1998 through December 30, 1999 3.75:1.0 December 31, 1999 and thereafter 4.25:1.03.5:1.0

Consolidated Total Leverage Ratio. As of the end of each fiscal quarter of the Parent Borrower, Permit the Consolidated Total Leverage Ratio will as of the end of any Fiscal Quarter set forth below shall not be not greater thanthan the ratio set forth opposite such Fiscal Quarter: Closing Date September 30, 2020 through and including March 31, 2021 3.75:1.0 June 30, 2009 4.5:1.0 July 12021 through and including March 31, 2009 2022 3.50:1.0 June 30, 2022 and thereafter 4.25:1.0thereafter: 3.25:1.0

Consolidated Total Leverage Ratio. As of the end last day of each any fiscal quarter of ending during the Parent Borrowerperiods specified below, permit the Consolidated Total Leverage Ratio will to be not greater thanthan the corresponding ratio set forth below: Closing Date through June December 30, 2009 4.5:1.0 July 12017 4.75 to 1.00 December 31, 2009 2017 through December 30, 2018 4.50 to 1.00 December 31, 2018 through December 30, 2019 4.25 to 1.00 December 31, 2019 and thereafter 4.25:1.04.00 to 1.00