Common use of Financial Condition and Operations Clause in Contracts

Financial Condition and Operations. The Company will not permit any of the events set forth below to occur. (a) The Company will not permit the Leverage Ratio as of the last day of any Fiscal Quarter occurring during any period set forth below to be greater than the ratio set forth opposite such period: Period Leverage Ratio Each Fiscal Quarter ending between December 15, 2006 and April 15, 2007 6.00:1.00 Each Fiscal Quarter ending between April 16, 2007 and July 15, 2007 5.50:1.00 Each Fiscal Quarter ending between July 16, 2007 and October 15, 2007 5.25:1.00 Period Leverage Ratio Each Fiscal Quarter ending between October 16, 2007 and April 15, 2008 5.00:1.00 Each Fiscal Quarter ending between April 16, 2008 and October 15, 2008 4.75:1.00 Each Fiscal Quarter ending between October 16, 2008 and April 15, 2009 4.50:1.00 Each Fiscal Quarter ending between April 16, 2009 and July 15, 2009 4.25:1.00 Each Fiscal Quarter ending between July 16, 2009 and October 15, 2009 4.00:1.00 Each Fiscal Quarter thereafter 3.75:1.00 (b) The Company will not permit the Interest Coverage Ratio as of the last day of any Fiscal Quarter occurring during any period set forth below to be less than the ratio set forth opposite such period: Each Fiscal Quarter ending between December 15, 2006 and July 15, 2007 1.50:1.00 Each Fiscal Quarter ending between July 16, 2007 and January 15, 2008 1.75:1.00 Each Fiscal Quarter ending between January 16, 2008 and October 15, 2008 2.00:1.00 Each Fiscal Quarter ending between October 16, 2008 and April 15, 2009 2.25:1.00 Each Fiscal Quarter thereafter 2.50:1.00

Financial Condition and Operations. The Company Borrower will not permit any of the events set forth below to occur. (a) The Company Borrower will not permit the Leverage Ratio as of the last day of any Fiscal Quarter occurring during any period set forth below to be greater than the ratio set forth opposite such period: Period Leverage Ratio Each Fiscal Quarter ending between December 15, 2006 and April 15, 2007 6.00:1.00 5.50:1.00 Each Fiscal Quarter ending between April 16, 2007 and July 15, 2007 5.50:1.00 5.00:1.00 Each Fiscal Quarter ending between July 16, 2007 and October 15, 2007 5.25:1.00 Period Leverage Ratio 4.75:1.00 Each Fiscal Quarter ending between October 16, 2007 and April 15, 2008 5.00:1.00 4.50:1.00 Each Fiscal Quarter ending between April 16, 2008 and July 15, 2008 4.25:1.00 Each Fiscal Quarter ending between July 16, 2008 and October 15, 2008 4.75:1.00 4.00:1.00 Each Fiscal Quarter ending between October 16, 2008 and April 15, 2009 4.50:1.00 4.25:1.00 Each Fiscal Quarter ending between April 16, 2009 and July 15, 2009 4.25:1.00 4.20:1.00 Each Fiscal Quarter ending between July 16, 2009 and October 15, 2009 4.00:1.00 3.95:1.00 Each Fiscal Quarter ending between October 16, 2009 and January 15, 2010 3.60:1.00 Each Fiscal Quarter ending between January 16, 2010 and July 15, 2010 3.50:1.00 Each Fiscal Quarter ending between July 16, 2010 and July 15, 2011 3.25:1.00 Each Fiscal Quarter ending July 16, 2011 and thereafter 3.75:1.003.00:1.00 (b) The Company Borrower will not permit the Interest Coverage Ratio as of the last day of any Fiscal Quarter occurring during any period set forth below to be less than the ratio set forth opposite such period: Each Fiscal Quarter ending between December 15, 2006 and July 15, 2007 1.50:1.00 Each Fiscal Quarter ending between July 16, 2007 and January 15, 2008 1.75:1.00 Each Fiscal Quarter ending between January 16, 2008 and October 15, 2008 2.00:1.00 Each Fiscal Quarter ending between October 16, 2008 and April 15, 2009 2.25:1.00 Each Fiscal Quarter thereafter 2.50:1.00:

Financial Condition and Operations. The Company Borrower will not permit any of the events set forth below to occur. (a) The Company Borrower will not permit the Leverage Ratio as of the last day of any Fiscal Quarter occurring during any period set forth below to be greater than the ratio set forth opposite such period: Period Leverage Ratio Each Fiscal Quarter ending between December 15, 2006 and April 15, 2007 6.00:1.00 5.50:1.00 Each Fiscal Quarter ending between April 16, 2007 and July 15, 2007 5.50:1.00 5.00:1.00 Each Fiscal Quarter ending between July 16, 2007 and September 15, 2007 4.75:1.00 Each Fiscal Quarter ending between September 16, 2007 and October 15, 2007 5.25:1.00 Period Leverage Ratio Each Fiscal Quarter ending between October 16, 2007 and April 15, 2008 5.00:1.00 Each Fiscal Quarter ending between April 16, 2008 and October 15, 2008 4.75:1.00 Each Fiscal Quarter ending between October 16, 2008 and April 15, 2009 4.50:1.00 Each Fiscal Quarter ending between April 16, 2009 and July 15, 2009 4.25:1.00 Each Fiscal Quarter ending between July 16, 2009 and October 15, 2009 4.00:1.00 Each Fiscal Quarter thereafter 3.75:1.00 (b) The Company Borrower will not permit the Interest Coverage Ratio as of the last day of any Fiscal Quarter occurring during any period set forth below to be less than the ratio set forth opposite such period: Each Fiscal Quarter ending between December 15, 2006 and July 15, 2007 1.50:1.00 2.00:1.00 Each Fiscal Quarter ending between July 16, 2007 and September 15, 2007 2.25:1.00 Each Fiscal Quarter ending between September 16, 2007 and January 15, 2008 1.75:1.00 Each Fiscal Quarter ending between January 16, 2008 and October 15, 2008 2.00:1.00 Each Fiscal Quarter ending between October 16, 2008 and April 15, 2009 2.25:1.00 Each Fiscal Quarter thereafter 2.50:1.00

Financial Condition and Operations. The Company Borrower will not permit any of the events set forth below to occur. (a) The Company Borrower will not permit the Leverage Ratio as of the last day of any Fiscal Quarter occurring during any period set forth below to be greater than the ratio set forth opposite such period: Period Leverage Ratio Each Fiscal Quarter ending between December 15, 2006 and April 15, 2007 6.00:1.00 5.50:1.00 Each Fiscal Quarter ending between April 16, 2007 and July 15, 2007 5.50:1.00 5.00:1.00 Each Fiscal Quarter ending between July 16, 2007 and October 15, 2007 5.25:1.00 Period Leverage Ratio 4.75:1.00 Each Fiscal Quarter ending between October 16, 2007 and April 15, 2008 5.00:1.00 4.50:1.00 Each Fiscal Quarter ending between April 16, 2008 and July 15, 2008 4.25:1.00 Each Fiscal Quarter ending between July 16, 2008 and October 15, 2008 4.75:1.00 4.00:1.00 Each Fiscal Quarter ending between October 16, 2008 and April 15, 2009 4.50:1.00 3.75:1.00 Each Fiscal Quarter ending between April 16, 2009 and July 15, 2009 4.25:1.00 3.50:1.00 Each Fiscal Quarter ending between July 16, 2009 and October 15, 2009 4.00:1.00 3.25:1.00 Each Fiscal Quarter thereafter 3.75:1.003.00:1.00 (b) The Company Borrower will not permit the Interest Coverage Ratio as of the last day of any Fiscal Quarter occurring during any period set forth below to be less than the ratio set forth opposite such period: Each Fiscal Quarter ending between December 15, 2006 and July 15, 2007 1.50:1.00 2.00:1.00 Each Fiscal Quarter ending between July 16, 2007 and January 15, 2008 1.75:1.00 2.25:1.00 Each Fiscal Quarter ending between January 16, 2008 and October 15, 2008 2.00:1.00 2.50:1.00 Each Fiscal Quarter ending between October 16, 2008 and April 15, 2009 2.25:1.00 2.75:1.00 Each Fiscal Quarter ending between April 16, 2009 and October 15, 2009 3.00:1.00 Each Fiscal Quarter thereafter 2.50:1.003.25:1.00