Common use of Debt to Consolidated EBITDA Clause in Contracts

Debt to Consolidated EBITDA. The Borrower will not permit the ratio of Consolidated Debt as of any date to Consolidated EBITDA for the period of four consecutive fiscal quarters ended on such date (or, if such date is not the last day of a fiscal quarter of the Borrower, then for the period of four consecutive fiscal quarters of the Borrower most recently ended prior to such date) to exceed the ratio set forth below with respect to the period during which such date is included: Period beginning on and including the last day of each fiscal quarter ending on or about the date set forth below and ending on and excluding the last day of the next fiscal quarter Maximum Leverage Ratio January 31, 2009, April 30, 2009, July 31, 2009, October 31, 2009, January 31, 2010, April 30, 2010, July 31, 2010 and October 31, 2010 5.00 to 1.00 January 31, 2011, April 30, 2011, July 31, 2011 and October 31, 2011 4.50 to 1.00 January 31, 2012 and thereafter 4.00 to 1.00

Debt to Consolidated EBITDA. The Borrower will not permit the ratio of Consolidated Debt as of any date to Consolidated EBITDA for the period of four consecutive fiscal quarters ended on such date (or, if such date is not the last day of a fiscal quarter of the Borrower, then for the period of four consecutive fiscal quarters of the Borrower most recently ended prior to such date) to exceed the ratio set forth below with respect to the period during which such date is included: Period beginning on and including the last day of each fiscal quarter ending on or about the date set forth below and ending Maximum Leverage Ratio on and excluding the last day of the next fiscal quarter Maximum Leverage Ratio January 31, 2009, April 30, 2009, July 31, 2009, October 31, 2009, January 31, 2010, April 30, 2010, July 31, 2010 and October 31, 2010 5.00 to 1.00 January 31, 2011, April 30, 2011, July 31, 2011 and October 31, 2011 4.50 to 1.00 January 31, 2012 and thereafter 4.00 to 1.00

Debt to Consolidated EBITDA. The Borrower will not permit the ratio of Consolidated Debt as of any date to Consolidated EBITDA for the period of four consecutive fiscal quarters ended on such date (or, if such date is not the last day of a fiscal quarter of the Borrower, then for the period of four consecutive fiscal quarters of the Borrower most recently ended prior to such date) to exceed the ratio set forth below with respect to the period during which such date is included: Period beginning on and including the last Maximum Leverage Ratio day of each fiscal quarter ending on or about the date set forth below and ending on and excluding the last day of the next fiscal quarter Maximum Leverage Ratio January 31, 2009, April 30, 2009, July 31, 5.00 to 1.00 2009, October 31, 2009, January 31, 2010, April 30, 2010, July 31, 2010 and October 31, 2010 5.00 to 1.00 January 31, 2011, April 30, 2011, July 31, 4.50 to 1.00 2011 and October 31, 2011 4.50 to 1.00 January 31, 2012 and thereafter 4.00 to 1.00