Common use of Fixed Charge Coverage Ratio Clause in Contracts

Fixed Charge Coverage Ratio. The Borrower will not permit its Fixed Charge Coverage Ratio, in each case calculated for the twelve consecutive months then ended, to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter.

Fixed Charge Coverage Ratio. The Borrower will Credit Parties shall not permit its the Fixed Charge Coverage Ratio, in each case calculated Ratio for the twelve consecutive months then ended, month period ending on any date set forth below to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December the minimum ratio set forth in the table below opposite such date: Date Minimum Fixed Charge Ratio March 31, 2007 2010 and on the last day of each fiscal quarter of the Borrower thereafter.thereafter 1.20 to 1.00

Fixed Charge Coverage Ratio. The Borrower will not permit its the Fixed Charge Coverage Ratio, in each case calculated for the twelve consecutive months then ended, to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on Ratio as of the last day of each fiscal quarter of the Borrower thereafter.ending during any period described in the table set forth below to be less than the ratio set forth opposite such period in such table: Period (inclusive of dates) Ratio Funding Date — 5/30/08 1.15:1.00 5/31/08 and at all times thereafter 1.25:1.00

Fixed Charge Coverage Ratio. The Borrower will not permit its the Fixed Charge Coverage Ratio, in each case calculated determined as of June 30, 2001 for the twelve consecutive months fiscal quarter then ended, as of September 30, 2001 for the two fiscal quarter period then ended, as of December 31, 2001 for the three fiscal quarter period then ended, and as of the end of each of its fiscal quarters thereafter for the then most-recently ended four fiscal quarter period to be less than (a) 0.25 1.50 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter1.0.

Fixed Charge Coverage Ratio. The Borrower will As of the end of each fiscal quarter, the Company shall not permit its Fixed Charge Coverage Ratio, in each case calculated for the twelve consecutive months then ended, Ratio to be less than (a) 0.25 3.00 to 1.0 on June 301 for the fiscal quarter ending December 31, 20071996, (b) 1.10 2.75 to 1.0 on 1 for the fiscal quarters ending March 31, 1997, June 30, 1997, September 30, 2007 1997 and December 31, 1997, and (c) 1.25 3.00 to 1.00 on December 31, 2007 and on the last day of 1 for each fiscal quarter of the Borrower ending thereafter."

Fixed Charge Coverage Ratio. The Borrower will shall not permit its the Fixed Charge Coverage Ratio, in Ratio as of each case calculated for the twelve consecutive months then ended, fiscal quarter end to be less than (a) 0.25 1.25 to 1.0 on June 301.00 for each fiscal quarter ending prior to December 31, 20072009, (b) 1.10 to 1.0 on September 301.00 for the fiscal quarter ending December 31, 2007 2009 and (c) 1.25 to 1.00 on for each fiscal quarter ending after December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter2009.

Fixed Charge Coverage Ratio. The Borrower will shall not permit its the Fixed Charge Coverage Ratio, in each case calculated for the twelve consecutive months then ended, Ratio to be less than (a) 0.25 than, at the end of any fiscal quarter ending on or during any period listed below, the ratio set forth opposite such period: Period Ratio ------ ----- From and including August 15, 1998 1.75 to 1.0 on June 1.00 LOAN AGREEMENT to and including January 29, 1999 From and including January 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 1999 2.00 to 1.00 on December 31to and including February 2, 2007 2001 From and on the last day of each fiscal quarter of the Borrower including February 3, 2001 2.25 to 1.00 and thereafter.

Fixed Charge Coverage Ratio. The Borrower will shall not permit its Fixed Charge Coverage Ratio, in calculated on a trailing twelve (12) month basis as of the last day of each case calculated for the twelve consecutive months then endedcalendar quarter hereafter, to be less than (ai) 0.25 1.15 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on as of September 30, 2007 and 2012, (cii) 1.20 to 1.0 as of December 31, 2012, or (iii) 1.25 to 1.00 on December 1.0 as of March 31, 2007 and on 2013 or as of the last day of each fiscal any calendar quarter of the Borrower thereafter.

Fixed Charge Coverage Ratio. The Borrower will Commencing with the period ending December 31, 2020, the Company shall not permit its the Fixed Charge Coverage Ratio, in each case calculated for the twelve consecutive months then ended, Ratio to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day ratio specified below as measured as of the end of each fiscal quarter of the Borrower thereafter.so specified. Quarter Ending Fixed Charge Coverage Ratio December 31, 2020 0.75 to 1.00 March 31, 2021 1.00 to 1.00 June 30, 2021 1.10 to 1.00 September 30, 2021 1.10 to 1.00 December 31, 2021 1.10 to 1.00

Fixed Charge Coverage Ratio. The Borrower will not permit its the Fixed Charge Coverage Ratio, in each case calculated for any period of four consecutive fiscal quarters ending on the twelve consecutive months then endedlast day of any fiscal quarter, commencing with the fiscal quarter ending on December 31, 2023, to be less than (a) 0.25 1.20 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter1.00.

Fixed Charge Coverage Ratio. The Borrower will shall not permit its the Fixed Charge Coverage RatioRatio (i) as at the end of any Fiscal Quarter through the Fiscal Quarter ending on July 2, in each case calculated for the twelve consecutive months then ended, 2005 to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 1.00:1.00 and (cii) 1.25 to 1.00 on December 31as at the end of any Fiscal Quarter thereafter, 2007 and on the last day of each fiscal quarter of the Borrower thereafter1.05:1.00.

Fixed Charge Coverage Ratio. The Beginning with the first full fiscal quarter ending after the Effective Date and as of the last day of such fiscal quarter thereafter, the Borrower will not permit its the Fixed Charge Coverage Ratio, in each case calculated for the twelve any period of four consecutive months then ended, to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and fiscal quarters ending on the last day of each any such fiscal quarter of the Borrower thereafterto be less than 1.25 to 1.00.

Fixed Charge Coverage Ratio. The Borrower will shall not permit its the Fixed Charge Coverage RatioRatio as of the last day of each fiscal quarter, in each case calculated for commencing with the twelve consecutive months then endedquarter ending March 31, 2016, to be less than (a) 0.25 1.15 to 1.0 1.00 for each fiscal quarter ending on or prior to June 30, 2007, 2017 and (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of for each fiscal quarter of the Borrower thereafterending after June 30, 2017.

Fixed Charge Coverage Ratio. The Borrower will shall not permit its the Fixed Charge Coverage RatioRatio as of the last day of each fiscal quarter, in each case calculated for commencing with the twelve consecutive months then endedquarter ending March 31, 2016, to be less than (a) 0.25 1.15 to 1.0 1.00 for each fiscal quarter ending on June 30or prior to March 31, 2007, 2017 and (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of for each fiscal quarter of the Borrower thereafter.ending after March 31, 2017

Fixed Charge Coverage Ratio. The Borrower will shall not permit its the Fixed Charge Coverage RatioRatio as of each fiscal quarter ending on or after March 31, in each case calculated for the twelve consecutive months then ended, 2014 to be less than (a) 0.25 1.50 to 1.0 on June 301.00. For the avoidance of doubt, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on the calculation of the Fixed Charge Coverage Ratio for the fiscal year ending December 31, 2007 2013 and on the last day of each fiscal quarter ending March 31, 2014 shall not include any EBITDA, taxes, Maintenance Capital Expenditures, Interest Expenses or Funded Debt of the Borrower thereafterUnited Centrifuge.

Fixed Charge Coverage Ratio. The Borrower will Borrowers shall not permit its the Fixed Charge Coverage Ratio, in each case calculated for the twelve consecutive months then ended, Ratio to be less than (ai) 0.25 1.50 to 1.0 on 1.00 as at the end of any fiscal quarter from March 31, 2009 through June 30, 2007, 2010 or (bii) 1.10 1.40 to 1.0 on 1.00 as at the end of any fiscal quarter from and after September 30, 2007 2010.” For the avoidance of doubt, compliance with Sections 5.03(a) and (c5.03(b) 1.25 to 1.00 on December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafterCredit Agreement for periods prior to the Amendment Effective Date shall be determined in accordance with the Existing Credit Agreement as in effect prior to the Amendment Effective Date.

Fixed Charge Coverage Ratio. The Borrower will not permit its the Fixed Charge Coverage Ratio, in each case calculated for the twelve consecutive months then ended, to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on determined as of the last day of each fiscal quarter, commencing with the fiscal quarter of ending on (or on the Borrower thereafterdate nearest to) March 31, 2012, to be less than 1.1 to 1.0.

Fixed Charge Coverage Ratio. The Borrower will Borrowers shall not permit its their Fixed Charge Coverage Ratio, in each case calculated for the twelve consecutive months then endedmeasured on a quarter-end basis, to be less than (a) 0.25 the required amount set forth in the following table for the applicable period set forth opposite thereto: Period Fixed Charge Coverage Ratio Three months ending January 31, 2023 1.00 to 1.0 on June 1.00 Six months ending April 30, 2007, (b) 2023 1.10 to 1.0 on September 301.00 Nine months ending July 31, 2007 and (c) 1.25 2023 1.15 to 1.00 on December Twelve months ending October 31, 2007 2023 and on at the last day end of each fiscal quarter of the Borrower thereafter.thereafter on a trailing four quarter basis 1.25 to 1.00

Fixed Charge Coverage Ratio. The US Borrower will shall not permit its the Fixed Charge Coverage RatioRatio as of the last day of each fiscal quarter, in each case calculated for commencing with the twelve consecutive months then endedquarter ending March 31, 2017, to be less than (a) 0.25 1.00 to 1.0 1.00 for each fiscal quarter ending on or prior to June 30, 2007, 2017 and (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of for each fiscal quarter of the Borrower thereafterending after June 30, 2017.

Fixed Charge Coverage Ratio. (i) The Borrower will shall not permit its the Fixed Charge Coverage RatioRatio as of the last day of any fiscal quarter of the Borrower, in each case calculated for beginning with the twelve consecutive months then endedfiscal quarter ending June 30, 2012, to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on the correlative ratio indicated below: Fiscal Quarter Ending Minimum Fixed Charge Coverage Ratio On or before December 31, 2007 and 2012 1.10 to 1.00 After December 31, 2012 but on the last day of each fiscal quarter of the Borrower thereafter.or before December 31, 2013 1.15 to 1.00 After December 31, 2013 1.20 to 1.00

Fixed Charge Coverage Ratio. The Borrower will not permit its Permit the Fixed Charge Coverage Ratio, in each case calculated for Ratio as of the twelve consecutive months then ended, to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day end of each any fiscal quarter of the Borrower thereafter.to be less than the ratio set forth below opposite the period in which the last day of such fiscal quarter falls: Period Minimum Fixed Charge Coverage Ratio September 30, 2010 through September 30, 2011 1.80:1.00 December 31, 2011 through September 30, 2012 1.80:1.00 December 31, 2012 through September 30, 2013 2.00:1.00 December 31, 2013 through September 30, 2014 2.25:1.00 December 31, 2014 and thereafter 2.50:1.00

Fixed Charge Coverage Ratio. The Borrower will Company shall not permit its the Fixed Charge Coverage Ratio, in each case calculated for the twelve consecutive months then ended, Ratio to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on 1.00 as of the last day of any fiscal quarter ending March 31, 2019 through September 30, 2007 2019 and (cb) 1.25 to 1.00 on December 31, 2007 and on as of the last day of each any fiscal quarter of the Borrower thereafterending on and after December 31, 2019.

Fixed Charge Coverage Ratio. The Borrower will shall not permit its the Fixed Charge Coverage Ratio, in each case calculated for Ratio as at the twelve consecutive months then ended, end of any Fiscal Quarter to be less than (a) 0.25 the following for the respective periods set forth below: Period Fixed Charge Coverage Ratio Closing Date to 1.0 on June 30and including April 2, 20072005 1.10:1.00 April 3, (b) 1.10 to 1.0 on September 30, 2007 2005 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter.any time thereafter 1.20:1.00

Fixed Charge Coverage Ratio. The Borrower will shall not permit permit, cause nor suffer to permit, at any time during the term of the Facility, its Fixed Charge Coverage Ratio, in each case calculated for the twelve consecutive months then ended, Ratio to be less than (a) 0.25 than the amount set forth below opposite such period: Period Ratio ------ ----- Closing Date through July 31, 2003 1.25 to 1.0 on June 30August 1, 2007, (b) 1.10 2003 and thereafter 1.50 to 1.0 on September 30In each case, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the ratio shall be determined as of the last day of each fiscal Fiscal Quarter for the four-quarter of the Borrower thereafterperiod ending on such day.

Fixed Charge Coverage Ratio. The Borrower Borrowers will not permit its the Fixed Charge Coverage RatioRatio for any Defined Period, in each case calculated for as tested quarterly (as of the twelve consecutive months then endedlast day of such fiscal quarter), beginning with the first full fiscal quarter ending after the Closing Date, to be less than (a) 0.25 to 1.0 on June in the case of the fiscal quarter ending September 30, 20072017, 0.70 to 1.00, (b) 1.10 in the case of the fiscal quarter ending December 31, 2017, 0.80 to 1.0 on September 30, 2007 1.00 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of for each fiscal quarter of the Borrower thereafter, 1.00 to 1.00.

Fixed Charge Coverage Ratio. The Borrower will not permit its Permit the Fixed Charge Coverage RatioRatio as of the end of any Fiscal Quarter of the Borrower commencing on and after December 31, in each case calculated for the twelve consecutive months then ended, 2011 to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 311.00; provided, 2007 and on however, no compliance with the last day of each fiscal quarter Fixed Charge Coverage Ratio shall be required as of the Borrower thereafterend of any Fiscal Quarter in which there is Excess Cash as of such date.

Fixed Charge Coverage Ratio. The Borrower will Borrowers shall not permit its the Fixed Charge Coverage Ratio, in each case calculated Ratio for the twelve consecutive months then ended, any period set forth below to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on the ratio set forth below opposite such period: Period Ratio Twelve Month Period Ended September 30, 2007 2008 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter.December, March, June and September thereafter 1.10 to 1.0

Fixed Charge Coverage Ratio. The Borrower will shall not permit its the Fixed Charge Coverage RatioRatio (i) as at the end of any Fiscal Quarter through the Fiscal Quarter ending on July 2, in each case calculated for the twelve consecutive months then ended, 2005 to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 1.00:1.00 and (cii) 1.25 to 1.00 on December 31as at the end of any Fiscal Quarter thereafter, 2007 and on the last day of each fiscal quarter of the Borrower thereafter.1.05:1.00. ***CONFIDENTIAL TREATMENT REQUESTED**

Fixed Charge Coverage Ratio. The Borrower As of the last day of any fiscal quarter, commencing with the fiscal quarter ending March 31, 2022, the Company will not permit its the Fixed Charge Coverage Ratio, in each case calculated for the twelve consecutive months then ended, Ratio to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter.1.00. 108

Fixed Charge Coverage Ratio. The Borrower will not permit its the Fixed Charge Coverage Ratio, in determined as of the last day of each case calculated fiscal quarter beginning with the fiscal quarter ending June 30, 2009, for the twelve consecutive months four fiscal quarters then ended, to be less than (a) 0.25 the minimum required Fixed Charge Coverage Ratio set forth below. Period Minimum Required Fixed Charge Coverage Ratio During the Adjusted Covenant Period 1.05 to 1.0 on June 30, 2007, (b) 1.00 Following the Adjusted Covenant Period 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter.1.00

Fixed Charge Coverage Ratio. The Borrower will not permit its Permit the Fixed Charge Coverage Ratio, in each case calculated for Ratio as of the twelve consecutive months then ended, last day of any Fiscal Quarter of Borrower and its Subsidiaries ending during any period specified below to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, the designated ratios for the periods specified below: Period Minimum Ratio Closing Date through and including the second Fiscal Quarter in 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter.1.25:1.00 Each Fiscal Quarter thereafter 1.40:1.00

Fixed Charge Coverage Ratio. The Borrower will not permit its the Fixed Charge Coverage Ratio, in each case calculated for Ratio as of the twelve consecutive months then ended, last day of any fiscal quarter to be less than the ratio set forth below opposite such fiscal quarter (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on or opposite the period that includes such fiscal quarter): Minimum Fixed Charge Coverage Period Ratio fiscal quarter ending September 30, 2007 and (c) 1.25 to 1.00 on 2011 0.75:1.0 fiscal quarter ending December 31, 2007 and on the last day of each 2011 1.25:1.0 fiscal quarter of the Borrower thereafter.ending March 31, 2012 and thereafter 1.50:1.0

Fixed Charge Coverage Ratio. The Borrower will not permit its the Fixed Charge Coverage Ratio, in each case calculated as of the last day of any fiscal quarter for the twelve four consecutive months then endedfiscal quarters ending on that date, commencing with the quarter ending December 31, 2005, to be less than (a) 0.25 1.15 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter1.

Fixed Charge Coverage Ratio. The Holdings will cause the Borrower not to permit, and the Borrower will not permit its permit, the Fixed Charge Coverage Ratio, in each case calculated Ratio for the twelve consecutive months then endedany fiscal quarter ending on a date set forth below, to be less than (a) 0.25 the ratio set forth below opposite such date: Fiscal Quarter Ended Ratio -------------------- ----- December 31, 2004 to 1.0 on June September 30, 20072005 1.05:1.00 December 31, (b) 1.10 2005 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on 1.10:1.00 December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter.thereafter 1.20:1.00

Fixed Charge Coverage Ratio. The Borrower will not permit its the Fixed Charge Coverage Ratio, in each case calculated for any period of four consecutive fiscal quarters ending on the twelve consecutive months then endedlast day of any fiscal quarter set forth below, to be less than (a) 0.25 to 1.0 on the ratio set forth below opposite such period: Period Ratio Effective Date through June 30, 20072018 1.50:1.00 July 1, (b) 1.10 to 1.0 on 2018 through September 30, 2007 and (c) 1.25 to 1.00 on 2018 1.25:1.00 October 1, 2018 through December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter.2018 1.10:1.00 January 1, 2019 through June 30, 2019 1.25:1.00 All times thereafter 1.50:1.00”

Fixed Charge Coverage Ratio. The Commencing with the fiscal quarter of the Borrower will ending March 31, 2010, the Borrower shall not permit its allow the Fixed Charge Coverage Ratio, in each case as calculated at of the end of fiscal quarter of the Borrower for the twelve consecutive months then endedfour fiscal quarters ending, to be less than (a) 0.25 1.0 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter1.0.

Fixed Charge Coverage Ratio. The Borrower will Holdings shall not permit its the Fixed Charge Coverage RatioRatio as of the last day of any Fiscal Quarter, in each case calculated for beginning with the twelve consecutive months then endedFiscal Quarter ending March 31, 2016, to be less than (a) 0.25 to 1.0 on the correlative ratio indicated: Fiscal Quarter Fixed Charge Coverage Ratio For the Fiscal Quarter ending March 31, 2016 1.10:1.00 For the Fiscal Quarter ending June 30, 2007, (b) 1.10 to 1.0 on 2016 1.10:1.00 For the Fiscal Quarter ending September 30, 2007 and (c) 1.25 to 1.00 on 2016 1.20:1.00 For the Fiscal Quarter ending December 31, 2007 2016 1.20:1.00 For the Fiscal Quarter ending March 31, 2017 and on the last day of each fiscal quarter of the Borrower thereafter.Fiscal Quarter ending thereafter 1.25:1.00

Fixed Charge Coverage Ratio. The Borrower will not permit its the Fixed Charge Coverage RatioRatio for any period of four consecutive fiscal quarters (or, if shorter, the period beginning on November 1, 1998 and ending on the last day of a fiscal quarter of the Borrower ended on or after January 31, 1999, in each case calculated for the twelve consecutive months then endedtaken as one accounting period, ending on a date set forth below to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December the ratio set forth opposite such date: Fiscal Quarter Ended Ratio -------------------- ----- January 31, 2007 and on the last 1999 0.60:1.0 Last day of each fiscal quarter of the Borrower thereafterthereafter 1.20:1.0".

Fixed Charge Coverage Ratio. The For the periods on and after the Closing Date through March 31, 2000, and on and after December 31, 2001, Borrower will not shall never permit its Fixed Charge Coverage Ratio, in each case calculated for Ratio as of the twelve consecutive months then ended, last day of any fiscal quarter to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 or equal to 1.00 on December 31to 1.0; provided that, 2007 and on solely for purposes of calculating the last day of each fiscal quarter numerator of the Borrower thereafter.Fixed

Fixed Charge Coverage Ratio. The Borrower will not permit and its Fixed Charge Coverage RatioSubsidiaries shall maintain, in each case calculated for the twelve consecutive months then ended, to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on as of the last day of each fiscal quarter Fiscal Quarter, a Fixed Charge Coverage Ratio of the Borrower thereafter.not less than: Fiscal Quarter Fixed Charge Coverage Ratio Each Fiscal Quarter ending after March 31, 2012 and on or prior to December 31, 2012 1.25:1.00 Each Fiscal Quarter ending after December 31, 2012 1.50:1.00

Fixed Charge Coverage Ratio. The Borrower will Borrowers shall not permit its their Fixed Charge Coverage Ratio, in Ratio for each case calculated for the twelve consecutive months then ended, period set forth below to be less than the ratio set forth below for the corresponding period set forth below (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on it being understood that the Fixed Charge Coverage Ratio is not being measured for the fiscal quarter ending September 30, 2007 2013 and (c) 1.25 to 1.00 on December 31, 2007 2013): Period Ratio For the 12 month period ending on March 31, 2014 and for each twelve (12) month period ending on the last day of each fiscal quarter of the Borrower thereafter.thereafter 1.10:1.0

Fixed Charge Coverage Ratio. The Borrower will not permit its Permit the Fixed Charge Coverage RatioRatio (i) as of the last day of the fiscal quarter of the Borrower ending on September 30, in each case calculated for the twelve consecutive months then ended, 2023 to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 1.00:1.00 and (cii) 1.25 to 1.00 on December 31, 2007 and on as of the last day of each fiscal quarter of the Borrower thereafterending on or after December 31, 2022, the Borrower will not permit the Fixed Charge Coverage Ratio for the most recently Measurement Period2023 to be less than 1.15 to 1.05:1.00.

Fixed Charge Coverage Ratio. The Borrower will not permit its the Fixed Charge Coverage Ratio, in each case calculated for Ratio of the twelve consecutive months then ended, Borrower and its Subsidiaries as of the last day of any period from the third fiscal quarter 2007 through fourth fiscal quarter 2008 to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on 1; or from the last day of each first fiscal quarter of 2009 through the Borrower thereafterfourth fiscal quarter 2009 to be less than 1.40 to 1.

Fixed Charge Coverage Ratio. The Borrower will not permit its the Fixed Charge Coverage RatioRatio of the Borrower and its consolidated Subsidiaries, in each case calculated for the twelve consecutive months then ended, to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on determined as of the last day of each fiscal quarter of for the Borrower thereafter.four consecutive fiscal quarter periods ending on such date, to be less than: For Fiscal Quarters Ending: Minimum Required Ratio --------------------------- ---------------------- March 2002 1.50:1.00 June 2002 1.20:1.00 September 2002 1.10:1.00 December 2002 1.10:1.00 March 2003 1.30:1.00 June 2003 1.50:1.00

Fixed Charge Coverage Ratio. The Beginning with the Fiscal Quarter ending June 30, 2017, the Borrower will shall not permit its the Fixed Charge Coverage Ratio, in each case calculated Ratio as of the last day of any Fiscal Quarter for the twelve consecutive months four Fiscal Quarters then ended, ended to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter1.15:1.00.

Fixed Charge Coverage Ratio. The Borrower will Credit Parties shall not permit its the Fixed Charge Coverage Ratio, in Ratio for each case calculated for the twelve consecutive months then ended, fiscal period set forth below to be less than (a) 0.25 to 1.0 on the ratio set opposite such period: Period Minimum Fixed Charge Coverage Ratio January 1, 2004 through June 30, 20072004 0.75 to 1.00 January 1, (b) 1.10 to 1.0 on 2004 through September 30, 2007 and (c) 1.25 2004 0.80 to 1.00 Any period of four consecutive fiscal quarters ending on or after December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter2004 1.00 to 1.00.

Fixed Charge Coverage Ratio. The Borrower will not permit its Fixed Charge Coverage Ratio, in each case calculated for the twelve consecutive months then ended, to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on As of the last day of each fiscal quarter of the Borrower thereafter.Credit Parties and their Subsidiaries ending during the periods specified below, the Credit Parties shall maintain a Fixed Charge Coverage Ratio of not less than: Fiscal Quarter Ending Fixed Charge Coverage Ratio shall not be less than: December 31, 2018 and the last day of each fiscal quarter thereafter 1.15 to 1.0

Fixed Charge Coverage Ratio. The Borrower will not permit its Permit the Fixed Charge Coverage Ratio, in each case calculated for Ratio as of the twelve consecutive months then ended, to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day end of each any fiscal quarter of the Borrower thereafter.(calculated for each four consecutive fiscal quarter period) to be less than the ratio set forth below opposite the period in which such date occurs: Four Fiscal Quarters Ending Minimum Fixed Charge Coverage Ratio Closing Date through December 30, 2006 2.0:1.0 December 31, 2006 and each fiscal quarter thereafter 3.0:1.0

Fixed Charge Coverage Ratio. The Borrower will Borrowers shall not permit its the Fixed Charge Coverage Ratio, in each case calculated for the twelve consecutive months then ended, Ratio to be less than (a) 0.25 1.30 to 1.0 on June 301.0, 2007, (b) 1.10 to 1.0 on calculated as of September 30, 2007 2011 for the period equal to the four (4) consecutive Fiscal Quarters then ended, and (c) 1.25 to 1.00 on December 31, 2007 and on as of the last day end of each fiscal quarter of Fiscal Quarter thereafter for the Borrower thereafterperiod equal to the four (4) consecutive Fiscal Quarters then ending.

Fixed Charge Coverage Ratio. The Borrower will not Commencing on June 30, 2020, permit its the Fixed Charge Coverage Ratio, in each case calculated Ratio for the twelve consecutive months then ended, Borrower and its Subsidiaries on a consolidated basis for any Test Period ending on and as of the last day of a fiscal quarter set forth below to be less than (a) 0.25 to 1.0 on the ratio set forth opposite such Test Period below: Fiscal Quarter Ending Fixed Charge Coverage Ratio June 30, 2007, (b) 1.10 to 1.0 on 2020 2.25:1.00 September 30, 2007 and (c) 1.25 to 1.00 on 2020 2.50:1.00 December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter.2020 2.75:1.00 March 31, 2021 3.00:1.00 June 30, 2021 3.00:1.00 September 30, 2021 3.00:1.00

Fixed Charge Coverage Ratio. The Borrower Obligors will not permit its the Fixed Charge Coverage Ratio, in each case calculated determined for the twelve any period of four (4) consecutive months then endedFiscal Quarters ending on any date during any period set forth below, to be less than (a) 0.25 to 1.0 on the ratio set forth opposite such period: Period Ratio Effective Date through June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on 2014 December 31, 2007 2014 through December 31, 2015 March 31, 2016 and on the last day of each fiscal quarter of the Borrower thereafter.thereafter 1.15:1.00 1.50:1.00 1.75:1.00”

Fixed Charge Coverage Ratio. The Holdings, the Borrower will not permit and its Fixed Charge Coverage RatioRestricted Subsidiaries shall maintain, in each case calculated for the twelve consecutive months then ended, to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on as of the last day of each fiscal quarter Fiscal Quarter, a Fixed Charge Coverage Ratio of not less than the Borrower thereafter.ratio set forth below opposite such date: Fiscal Quarter ending on: Fixed Charge Coverage Ratio shall not be less than: March 31, 2024 1.30:1.00 June 30, 2024 1.30:1.00 September 30, 2024 1.30:1.00 December 31, 2024 1.35:1.00 March 31, 2025 1.35:1.00 June 30, 2025 1.40:1.00 September 30, 2025 1.40:1.00

Fixed Charge Coverage Ratio. The Borrower will not permit its the Fixed Charge Coverage Ratio, in each case calculated for the twelve consecutive months then ended, to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on Ratio as of the last day of each fiscal quarter of during the Borrower thereafter.applicable period set forth below to be less than the ratio set forth opposite such period: Period Ratio From the Restatement Effective Date through and including December 30, 2010 1.05 to 1.00 From December 31, 2010 and thereafter 1.07 to 1.00

Fixed Charge Coverage Ratio. The Borrower will not permit its the Fixed Charge Coverage Ratio, in each case calculated for as of the twelve consecutive months then endedlast day of any fiscal quarter of the Borrower, to be less than (a) 0.25 1.5 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on as of the last day of each any fiscal quarter of the Borrower thereafterBorrower, beginning with the fiscal quarter ending March 31, 1995.

Fixed Charge Coverage Ratio. The Borrower will Company shall not permit its Fixed Charge Coverage Ratiopermit, in each case calculated for the twelve consecutive months then ended, to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of each fiscal quarter any Fiscal Quarter, the Fixed Charge Coverage Ratio to be less than the correlative amount set forth below: Fiscal Quarter Ending Minimum Fixed Charge Coverage Ratio June 30, 2006 1.10 to 1.00 September 30, 2006 1.10 to 1.00 December 31, 2006 1.10 to 1.00 March 31, 2007 1.10 to 1.00 June 30, 2007 and as of the Borrower thereafter.last day of each Fiscal Quarter ending thereafter 1.25 to 1.00

Fixed Charge Coverage Ratio. The Borrower will not permit its the Fixed Charge Coverage Ratio, in each case calculated for the twelve consecutive months then ended, to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on Ratio as of the last day of each fiscal quarter of the Borrower thereafter.ending during any period described in the table set forth below to be less than the ratio set forth opposite such period in such table: Period (inclusive of dates) Ratio Funding Date - 2/27/07 1.25:1.00 2/28/07 - 2/27/09 1.35:1.00 Thereafter 1.50:1.00

Fixed Charge Coverage Ratio. The Borrower will shall not permit its the Fixed Charge Coverage Ratio, in each case calculated for the twelve consecutive months then ended, Ratio to be less than (a) 0.25 1.15 to 1.0 at the end of the fiscal quarter ended on June 30, 20072011, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on or at the last day end of each any fiscal quarter of the Borrower ended thereafter.

Fixed Charge Coverage Ratio. The Borrower will not permit its Fixed Charge Coverage Ratio, in each case calculated for the twelve consecutive months then ended, to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on As of the last day of each fiscal quarter of the Borrower thereafter.ending on the dates set forth below, the Borrower shall not permit the Fixed Charge Coverage Ratio to be less than: Fixed Charge Coverage Ratio Shall Not Be Fiscal Quarter Ending on or about Less Than 06/30/06 0.85 to 1.0 09/30/06 and each fiscal quarter ending thereafter 1.15 to 1.0

Fixed Charge Coverage Ratio. The Borrower will shall not permit its the Fixed Charge Coverage Ratio, in each case calculated for Ratio as of the twelve consecutive months then ended, end of any fiscal quarter occurring during any period set forth below to be less than (a) 0.25 the ratio set forth below with respect to 1.0 on June such period: Period Ratio Amendment No. 3 Effective Date to and including March 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 2010 1.85 to 1.00 on December March 31, 2007 2010 and on the last day of each fiscal quarter of the Borrower thereafter.thereafter 1.50 to 1.00

Fixed Charge Coverage Ratio. The Borrower will not permit its the Fixed Charge Coverage Ratio, in calculated as of the end of each case calculated Fiscal Quarter, for the twelve consecutive months then endedfour preceding Fiscal Quarters, to be less than (a) 0.25 to 1.0 on the ratio set forth below during the corresponding period set forth below: Period Ratio September 1, 2006 through May 31, 2007 1.75:1.00 June 301, 20072007 through August 31, (b) 1.10 to 1.0 on 2007 2:25:1.00 September 301, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter.at all times thereafter 2.50:1.00

Fixed Charge Coverage Ratio. The Borrower will Credit Parties shall not permit its the Fixed Charge Coverage RatioRatio as of the last day of any Fiscal Quarter, in each case calculated for beginning with the twelve consecutive months then endedFiscal Quarter ending September 30, 2014, to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter1.50:1.00.

Fixed Charge Coverage Ratio. The Borrower will Borrowers shall not permit its their Fixed Charge Coverage Ratio, in Ratio for each case calculated for the twelve consecutive months then ended, period set forth below to be less than (a) 0.25 to 1.0 the ratio set forth below for the corresponding period set forth below: Period Ratio For the 12 month period ending on June 30, 2007, 2012 and for each twelve (b12) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and month period ending on the last day of each fiscal quarter of the Borrower thereafter.. 1.10:1.0

Fixed Charge Coverage Ratio. The Borrower will not permit its Permit the Fixed Charge Coverage Ratio, in each case calculated for the twelve consecutive months then ended, to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on Ratio as of the last day of each fiscal quarter of the Borrower thereafterending on or after December 31, 2022, the Borrower will not permit the Fixed Charge Coverage Ratio for the most recently Measurement Period to be less than 1.15 to 1.00.

Fixed Charge Coverage Ratio. The Borrower Borrowers will not permit its the Fixed Charge Coverage RatioRatio for any Defined Period, in each case calculated for as tested quarterly (as of the twelve consecutive months then endedlast day of such fiscal quarter), beginning with the first full fiscal quarter ending after the Closing Date, to be less than (a) 0.25 in the case of the fiscal quarter ending December 31, 2017, 0.80 to 1.0 on June 30, 2007, 1.00 and (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of for each fiscal quarter of the Borrower thereafter, 1.00 to 1.00.

Fixed Charge Coverage Ratio. The Borrower will not permit its the Fixed Charge Coverage Ratio, in each case calculated for the twelve consecutive months then ended, Ratio to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December for the fiscal quarter ending March 31, 2007 2017 and on the last day of for each fiscal quarter end thereafter. For the purposes of determining compliance with the Borrower Fixed Charge Coverage Ratio covenant, for the fiscal quarter ending March 31, 2017 and for each fiscal quarter end thereafter, numerator and denominator components of such ratio shall be calculated on a rolling four (4) quarter basis for the twelve (12) month period ending as of each applicable fiscal quarter.

Fixed Charge Coverage Ratio. The Borrower will not permit its the Fixed Charge Coverage RatioRatio for any period of four consecutive fiscal quarters ending (a) after March 31, in each case calculated for the twelve consecutive months then ended2009 but on or prior to January 3, 2010 to be less than (a) 0.25 1.25 to 1.0 on June 30, 2007, 1.00 and (b) 1.10 after January 3, 2010 to 1.0 on September 30, 2007 and (c) 1.25 be less than 1.30 to 1.00 on December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter1.00.

Fixed Charge Coverage Ratio. The Borrower will not permit its Fixed Charge Coverage Ratio, in each case calculated for Commencing with the twelve consecutive months then ended, to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on fiscal quarter ending December 31, 2007 2016, and continuing on the last day of each succeeding fiscal quarter of thereafter, the Borrower thereafterBorrowers shall not permit the Fixed Charge Coverage Ratio for the four (4) fiscal quarters ending on such date to be less than 2.00 to 1.00.

Fixed Charge Coverage Ratio. The Borrower will not permit its Fixed Charge Coverage Ratio, in each case calculated for the twelve consecutive months then ended, to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on as of the last day of each fiscal quarter of the Borrower thereafter.occurring during the periods indicated below, shall be greater than or equal to the following: Period Minimum Ratio October 1, 2006 through September 30, 2007 1.20 to 1.00 October 1, 2007 through September 30, 2008 1.00 to 1.00 October 1, 2008 through September 30, 2009 1.30 to 1.00 October 1, 2010 and thereafter No Requirement

Fixed Charge Coverage Ratio. The Commencing with the fiscal quarter ending June 30, 2015, the Borrower will not permit its the Fixed Charge Coverage Ratio, in each case calculated for the twelve consecutive months then ended, Ratio to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 1.15 to 1.00 on December 31, 2007 and on as of the last day of each any fiscal quarter of for the Borrower thereafter12 consecutive fiscal months ending on such date.

Fixed Charge Coverage Ratio. The Borrower will Borrowers shall not permit its their Fixed Charge Coverage Ratio, in Ratio for each case calculated for the twelve consecutive months then ended, period set forth below to be less than (a) 0.25 to 1.0 the ratio set forth below for the corresponding period set forth below: Period Ratio For the 12 month period ending on December 31, 2010 1.10:1.0 For the 12 month period ending on June 30, 2007, 2011 and for each twelve (b12) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and month period ending on the last day of each fiscal quarter of the Borrower thereafter.thereafter 1.10:1.0

Fixed Charge Coverage Ratio. The Borrower will not permit its the Fixed Charge Coverage Ratio, Ratio as of the last day of any fiscal quarter during any period set forth in each case calculated for the twelve consecutive months then ended, following table to be less than (a) 0.25 the ratio set forth below with respect to 1.0 on June 30such period: Period Ratio December 31, 20072008 through September 29, (b) 1.10 to 1.0 on 2009 1.75:1.00 September 30, 2007 2009 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter.thereafter 2.00:1.00

Fixed Charge Coverage Ratio. The Borrower will not permit its REQUIRED: Measured as of the end of the Fiscal Quarter most recently completed, commencing with the Fiscal Quarter ending September 30, 2014, the Fixed Charge Coverage Ratio, in each case calculated Ratio for the Borrower and its Subsidiaries on a consolidated basis for the twelve consecutive months then ended, to be less than (a12) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and month period ending on the last day of each fiscal quarter of the Borrower thereaftersuch Fiscal Quarter shall be at least 1.00 to 1.00.

Fixed Charge Coverage Ratio. The Borrower Borrowers will not permit its the Fixed Charge Coverage Ratio, in each case calculated Ratio to be less than 1.25 to 1.00 as of the last day of any fiscal quarter for the twelve consecutive fiscal months then ended, to be less than (a) 0.25 to 1.0 ending on June 30, 2007, (b) 1.10 to 1.0 such date commencing on September 30, 2007 and (c) 1.25 to 1.00 on December March 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter2024.

Fixed Charge Coverage Ratio. The Borrower will not permit its the Fixed Charge Coverage RatioRatio for any period of four consecutive fiscal quarters (or, if shorter, the period beginning on January 1, 1997 and ending on the last day of a fiscal quarter of the Borrower ended after March 31, 1997), in each case calculated for the twelve consecutive months then endedtaken as one accounting period, to be less than (a) 0.25 1.20 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter1.0.

Fixed Charge Coverage Ratio. The Borrower will not permit its Fixed Charge Coverage Ratio, in each case calculated for the twelve consecutive months then ended, to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on As of the last day of each fiscal quarter of the Borrower thereafter.Credit Parties and their Subsidiaries ending during the periods specified below, the Credit Parties shall maintain a Fixed Charge Coverage Ratio of not less than: Fiscal Quarter Ending Fixed Charge Coverage Ratio shall not be less than: March 29, 2015 and the last day of each fiscal quarter thereafter 1.15 to 1.0

Fixed Charge Coverage Ratio. The Fixed Charge Ratio of Initial Borrower will and the Included Subsidiaries on a consolidated basis for the twelve Fiscal Month period ending at the end of each Fiscal Quarter set forth below shall not permit its be less than the ratio set forth below for such Fiscal Quarter below: Fiscal Quarter Fixed Charge Coverage Ratio, in each case calculated for the twelve consecutive months then ended, to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on Ratio September 30, 2007 and (c) 1.25 2020 1.00 to 1.00 on December 31, 2007 2020 and on the last day of each fiscal quarter of the Borrower thereafter.Fiscal Quarter thereafter 1.10 to 1.00

Fixed Charge Coverage Ratio. The Borrower will Borrowers shall not permit its their Fixed Charge Coverage Ratio, in Ratio for each case calculated for the twelve consecutive months then ended, period set forth below to be less than the ratio set forth below for the corresponding period set forth below (a) 0.25 to 1.0 on it being understood that the Fixed Charge Coverage Ratio is not being measured for the fiscal quarter ending June 30, 2007, (b) 1.10 to 1.0 2012): Period Ratio For the 12 month period ending on September 30, 2007 2012 and for each twelve (c12) 1.25 to 1.00 on December 31, 2007 and month period ending on the last day of each fiscal quarter of the Borrower thereafter.thereafter 1.10:1.0

Fixed Charge Coverage Ratio. The Borrower will not permit its Permit the Fixed Charge Coverage Ratio, in each case calculated for the twelve consecutive months then ended, to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on as of the last day of each fiscal quarter of on a trailing twelve month basis, during the Borrower thereafter.periods set forth below to be less than the ratio set forth below opposite such period: Consolidated Fixed Charge Period Coverage Ratio January 1, 2011 through June 30, 2011 1.25:1.00 July 1, 2011 and thereafter 1.75:1.00

Fixed Charge Coverage Ratio. The Borrower Borrowers and their Subsidiaries will not permit its the Fixed Charge Coverage Ratio, in each case calculated for Ratio as of the twelve consecutive months then ended, last day of any Fiscal Quarter to be less than (ai) 0.25 0.96 to 1.0 on for the Fiscal Quarter ending June 30, 2007, (b) 1.10 to 1.0 on 2014 and for the Fiscal Quarter ending September 30, 2007 and 2014, (cii) 1.25 1.0 to 1.00 on 1.0 for the Fiscal Quarter ending December 31, 2007 2014, (iii) 1.04 to 1.0 for the Fiscal Quarter ending March 31, 2015 and on for the last day of Fiscal Quarter ending June 30, 2015 and (iv) 1.09 to 1.0 for each fiscal quarter of the Borrower Fiscal Quarter ending thereafter.

Fixed Charge Coverage Ratio. The Commencing with the fiscal quarter ended December 31, 2015, the Borrower will not permit its the Fixed Charge Coverage Ratio, in each case calculated for the twelve any period of four consecutive months then ended, to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and fiscal quarters ending on the last day of each any fiscal quarter of the Borrower thereafterto be less than 1.5 to 1.0.

Fixed Charge Coverage Ratio. The Borrower will Credit Parties shall not permit its the Fixed Charge Coverage Ratio, in Ratio for each case calculated for the twelve consecutive months then ended, fiscal period set forth below to be less than (a) 0.25 the ratio set opposite such period: Period Minimum Fixed Charge Coverage Ratio January 1, 2003 through December 31, 2003 1.00 to 1.0 on 1.00 January 1, 2004 through June 30, 20072004 0.07 to 1.00 January 1, (b) 1.10 to 1.0 on 2004 through September 30, 2007 and (c) 1.25 2004 0.60 to 1.00 Any period of four consecutive fiscal quarters ending on or after December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter.2004. 1.00 to 1.00”

Fixed Charge Coverage Ratio. The Borrower will not permit its the Fixed Charge Coverage Ratio, in each case calculated for Ratio as of the twelve consecutive months then ended, last day of any fiscal quarter during the periods set forth below to be less than (a) 0.25 to the ratio set forth below opposite such period: Minimum Fixed Charge Date Coverage Ratio ---- -------------- March 31, 2001 through December 31, 2001 1.15 : 1.0 on January 1, 2002 through December 31, 2002 1.25 : 1.0 January 1, 2003 through June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter.2003 1.40 : 1.0

Fixed Charge Coverage Ratio. The Borrower will Credit Parties shall not permit its the Fixed Charge Coverage Ratio, in each case calculated Ratio for the twelve consecutive months then endedfiscal month period (or such shorter period commencing on April 1, to be less than (a2011) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and ending on the last day of each fiscal quarter of any Fiscal Quarter to be less than 1.20 to 1.00. “Fixed Charge Coverage Ratio” shall be calculated in the Borrower thereaftermanner set forth in Exhibit 4.2(b).

Fixed Charge Coverage Ratio. The Borrower will shall not permit its the Fixed Charge Coverage RatioRatio as of the last day of any fiscal quarter (beginning with the fiscal quarter ending September 30, in each case calculated for 2014), solely to the twelve consecutive months then endedextent Loans are outstanding on such date, to be less than (ax) 0.25 in the case of each the first four fiscal quarters ending after the Third Amendment Effective Date, 2.00 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 1.00 and (cy) 1.25 to 1.00 on December 31, 2007 and on in the last day case of each other fiscal quarter of the Borrower thereafterquarter, 2.20 to 1.00.

Fixed Charge Coverage Ratio. The Borrower Commencing September 30, 2010 and thereafter, the Borrowers will not permit its the Fixed Charge Coverage Ratio, in each case calculated determined for the trailing twelve consecutive months then ended, to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and month period ending on the last day of each fiscal quarter of the Borrower thereafterto be less than 1.10:1.00.

Fixed Charge Coverage Ratio. The Borrower will not permit its the Consolidated Fixed Charge Coverage RatioRatio for any four-fiscal-quarter period ending on the last day of any fiscal quarter (a) ending during the period from the Effective Date through and including the fiscal quarter ending on or about October 31, in each case calculated for the twelve consecutive months then ended2007, to be less than (a) 0.25 1.20 to 1.0 on June 30, 2007, and (b) ending thereafter, to be less than 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter1.0.

Fixed Charge Coverage Ratio. The Borrower will not permit its Permit the Fixed Charge Coverage Ratio, in Ratio of the Borrower and its Subsidiaries for each case calculated for the twelve consecutive months then ended, period set forth below to be less than (a) 0.25 to 1.0 the amount set forth opposite such date: Fiscal Quarter End Fixed Charge Coverage Ratio Each twelve month period ending on June 30, 20072006, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on 2006 or December 31, 2006 1.00:1.00 twelve month period ending on March 31, 2007 and 1.50:1.00 Each twelve month period ending on June 30, 2007 or on the last day of each any fiscal quarter of the Borrower thereafter.thereafter 2.00:1.00

Fixed Charge Coverage Ratio. The Borrower will Borrowers shall not permit its their Fixed Charge Coverage Ratio, in Ratio for each case calculated for the twelve consecutive months then ended, period set forth below to be less than (a) 0.25 to 1.0 the ratio set forth below for the corresponding period set forth below: Period Ratio For the 12 month period ending on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December March 31, 2007 2012 and for each twelve (12) month period ending on the last day of each fiscal quarter of the Borrower thereafter.thereafter 1.10:1.0

Fixed Charge Coverage Ratio. The Borrower will shall not permit its permit, as of the last day of any Fiscal Quarter, the Fixed Charge Coverage Ratio, in each case calculated Ratio of the Loan Parties on a consolidated basis for the twelve consecutive months then ended, month period ending on such date to be less than (a) 0.25 1.20 to 1.0 1.00; provided, however, that with respect to the Fiscal Quarter ending on June 30February 1, 20072003, (b) 1.10 to 1.0 the Fixed Charge Coverage Ratio shall be measured over the eleven month period ending on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereaftersuch date.

Fixed Charge Coverage Ratio. The Borrower will not permit its Fixed Charge Coverage Ratio, in each case calculated for Beginning with the twelve consecutive months then ended, to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December first full fiscal quarter ending after the Effective DateMarch 31, 2007 2024, and on as of the last day of each fiscal quarter of thereafter, the Borrower thereafter.will not permit the Fixed Charge Coverage Ratio, for any period of four consecutive fiscal quarters ending on the last day of any such fiscal quarter to be less than 1.25 to 1.00.the following: Fiscal Quarter Minimum Fixed Charge Coverage Ratio March 31, 2024, through and including the fiscal quarter ending June 30, 2024 1.10 to 1.00 September 30, 2024, and thereafter 1.25 to 1.00

Fixed Charge Coverage Ratio. The Borrower will not permit its the Fixed Charge Coverage RatioRatio for any twelve (12) month period ending on the last day of any fiscal quarter, in each case calculated for beginning with the twelve consecutive months then endedfiscal quarter ending October 31, 2022, to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter1.10:1.0.

Fixed Charge Coverage Ratio. The Commencing with the Fiscal Year ending April 3, 2016, the Borrower and the Subsidiaries will not permit its the Fixed Charge Coverage Ratio, in each case calculated as of the last day of any Fiscal Quarter for the twelve four consecutive months then endedFiscal Quarters ending on that date, to be less than (a) 0.25 1.15 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter1.00.

Fixed Charge Coverage Ratio. The Borrower will not Not permit its the Fixed Charge Coverage Ratio, in each case calculated for the twelve consecutive months then endeddetermined (i) as of June 30, 2007, to be less than 1.0 to 1.0, and (aii) 0.25 to 1.0 on June 30as of September 29, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on as of the last day end of each fiscal quarter thereafter, to be less than 1.1 to 1.0, in all instances for the period of the four fiscal quarters then ending. For clarification purposes, Borrower thereafter.shall not be required to test or meet the Fixed Charge Coverage Ratio for the four fiscal quarters ended March 31, 2007;”

Fixed Charge Coverage Ratio. The Borrower will not permit its the Fixed Charge Coverage RatioRatio as of the last day of any fiscal quarter, in each case calculated for beginning with the twelve consecutive months then endedfiscal quarter ending (i) March 31, 1998, to be less than 1.25 : 1.0; (aii) 0.25 March 31, 1999, to 1.0 on June 30, 2007be less than 1.35 : 1.0, (biii) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December March 31, 2007 2000, to be less than 1.50 : 1.0; (iv) March 31, 2001, to be less than 1.65 to 1.0; (v) March 31, 2002 and on the last day of each fiscal quarter of the Borrower thereafter, to be less than 1.75 to 1.0.

Fixed Charge Coverage Ratio. The Borrower will shall not permit its the Fixed Charge Coverage Ratio, Ratio as of the last day of any fiscal quarter ending during any period in each case calculated for the twelve consecutive months then ended, table set forth below to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on the ratio set forth opposite such period: Period Fixed Charge Coverage Ratio Fiscal Quarter Ending December 31, 2007 2009 1.40:1.00 Fiscal Quarter Ending March 31, 2010 and on the last day of each fiscal quarter of the Borrower thereafter.Each Fiscal Quarter Thereafter 1.50:1.00

Fixed Charge Coverage Ratio. The Borrower and the Co-Borrowers will not permit its the Fixed Charge Coverage Ratio, in each case calculated for Ratio as of the twelve consecutive months then ended, last day of any Fiscal Quarter set forth below to be less than (a) 0.25 to 1.0 on the ratio set forth opposite such period: Period Fixed Charge Coverage Ratio December 31, 2003 and each March 31 thereafter 1.05:1 Each June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter.31 thereafter 1.10:1

Fixed Charge Coverage Ratio. The Borrower will not permit its the Fixed Charge Coverage RatioRatio for any period of four consecutive fiscal quarters ending on December 31, in each case calculated for the twelve consecutive months then endedMarch 31, June 30 and September 30 of any year, beginning on December 31, 1997, to be less than (a) 0.25 1.00 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of each fiscal quarter of the Borrower thereafter1.00.

Fixed Charge Coverage Ratio. The Borrower will shall not permit its the Fixed Charge Coverage RatioRatio (a) as of the last day of any fiscal quarter during the period from the Amendment No. 3 Effective Date to March 31, in each case calculated for the twelve consecutive months then ended, 2009 to be less than 1.15:1.00 and (ab) 0.25 to 1.0 on as of June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 2009 and (c) 1.25 to 1.00 on December 31, 2007 and on the last day of each any fiscal quarter of the Borrower thereafterthereafter to be less than 1.50:1.00.

Fixed Charge Coverage Ratio. The Commencing with the fiscal quarter ending December 31, 2013, the Borrower will not permit its the Fixed Charge Coverage Ratio, in each case calculated for the twelve consecutive months then ended, Ratio to be less than (a) 0.25 to 1.0 on June 30, 2007, (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on as of the last day of each any fiscal quarter of for the Borrower thereafter12 consecutive fiscal months ending on such date.

Fixed Charge Coverage Ratio. The Borrower will not permit its the Fixed Charge Coverage Ratio, in each case calculated for the twelve consecutive months then ended, Ratio to be less than (a) 0.25 to 1.0 on June 300.75:1.00 for the period consisting of the three consecutive fiscal quarters of the Borrower ending August 28, 2007, 2004 and (b) 1.10 to 1.0 on September 30, 2007 and (c) 1.25 to 1.00 on December 31, 2007 and on 1.00:1.00 for the last day period consisting of each four consecutive fiscal quarter quarters of the Borrower thereafterending on or after November 27, 2004.