Common use of Financial Tests Clause in Contracts

Financial Tests. The Borrowers hereby certify and warrant to you that the following is a true and correct computation as at the Computation Date of the following ratios and/or financial restrictions contained in the Credit Agreement: A. Section 11.13.1 - Minimum Fixed Charge Coverage Ratio 1. Consolidated Net Income $________ 2. Plus Interest Expense $________ Income Tax Expense $________ Depreciation $________ Amortization $________ Non-recurring $________ 3. Sum of (1) plus (2) EBITDA $________ 4. Unfinanced Capital Expenditures $________ 5. Remainder of (3) minus (4) $________

Financial Tests. The Borrowers Borrower hereby certify certifies and warrant warrants to you that the following is a true and correct computation as at the Computation Date of the following ratios and/or financial restrictions contained in the Credit Loan Agreement: A. Section 11.13.1 10.1 - Minimum Fixed Charge Coverage RatioTangible Net Worth 1. Consolidated Net Income Total Assets $________ 2. Plus Interest Expense $__________ Income Tax Expense $________ Depreciation $________ Amortization $________ Non-recurring 2. Total Liabilities $________ __________ 3. Sum of (1) plus less (2) EBITDA $________ __________ 4. Unfinanced Capital Expenditures (3) plus Subordinated Debt $__________________ 5. Remainder of LESS General Intangibles (3) minus (4) $__________________) 6. LESS Amounts due from Affiliates ($__________________) 7. Total $__________________ 8. Required $22,500,0000

Financial Tests. The Borrowers Each Borrower hereby certify certifies and warrant warrants to you that the following is a true and correct computation as at the Computation Date of the following ratios and/or financial restrictions contained in the Credit Agreement: A. Section 11.13.1 - 11.14.1 Minimum Fixed Charge Coverage RatioEBITDA 1. Consolidated Net Income $________ 2. Plus Plus: Interest Expense $________ Income Tax Expense income tax expense $________ Depreciation depreciation $________ Amortization $________ Non-recurring amortization $________ 3. Sum of Total (1) plus (2) EBITDA $________ 4. Unfinanced Capital Expenditures $________ 5. Remainder of (3) minus (4EBITDA) $________

Financial Tests. The Borrowers Company hereby certify certifies and warrant warrants to you that the following is a true and correct computation as at the Computation Date of the following ratios and/or financial restrictions contained in the Credit Agreement: A. Section 11.13.1 - 11.14.1 Minimum Fixed Charge Coverage RatioEBITDA 1. Consolidated Net Income $________ 2. Plus Plus: Interest Expense $________ Income Tax Expense income tax expense $________ Depreciation depreciation $________ Amortization $________ Non-recurring amortization $________ 3. Sum of Total (EBITDA) $________ 2. Minimum required $________ $________ 1) plus (2) . EBITDA $________ 4_ 2. Unfinanced Capital Expenditures $________ 5. Remainder of (3) minus (4) Income taxes paid $________

Financial Tests. The Borrowers hereby certify and warrant to you that the following is a true and correct computation as at the Computation Date of the following ratios and/or financial restrictions contained in the Credit Loan and Security Agreement: A. Section 11.13.1 - 11.14.1 Minimum Fixed Charge Coverage RatioEBITDA 1. Consolidated Net Income $$ __________ 2. Plus Plus: Interest Expense $$ __________ Income Tax Expense $income tax expense $ __________ Depreciation $depreciation $ __________ Amortization $amortization $ __________ Nonnon-recurring $cash compensation expense $ __________ non-cash charges $ __________ 3. Sum of Total (1EBITDA) plus (2) EBITDA $$ ________ 4. Unfinanced Capital Expenditures $________ 5. Remainder of (3) minus (4) $________