Common use of Fixed Charge Coverage Ratio Clause in Contracts

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the Fixed Charge Coverage Ratio, for the four consecutive fiscal quarter period ending as of each fiscal quarter end, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Beginning Commencing with the quarter ended September 30, 2008, the Fixed Charge Coverage Ratio, for the four consecutive fiscal quarter period ending March 31, 2018, maintain as of the end of each fiscal quarter end, shall be greater of the Company a Fixed Charge Coverage Ratio of not less than or equal 1.25 to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter1.0. 11.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, Permit or suffer the Fixed Charge Coverage Ratio, for Ratio determined as of the four consecutive fiscal quarter period ending as end of each fiscal quarter endof the Company, shall commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, to be greater less than or equal to (i) 1.15 1.45 to 1.0 for each as of the end of any fiscal quarter during of the fiscal year 2009 and Company ending on or before March 31, 1998 or (ii) 1.20 1.60 to 1.0 for each as of the end of any fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the The Fixed Charge Coverage Ratio, for as of the four consecutive fiscal quarter period ending as end of each fiscal quarter endquarter, shall be greater than or equal to to: (i) 1.15 From the Effective Date to 1.0 for each fiscal quarter during the fiscal year 2009 and including August 31, 1998, 1.10 to 1.0; and (ii) From September 1, 1998 and thereafter, 1.20 to 1.0 for each fiscal quarter thereafter1.0.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the The Fixed Charge Coverage Ratio, Ratio of Borrower and the Included Subsidiaries on a consolidated basis for the four consecutive fiscal quarter twelve Fiscal Month period ending as at the end of each fiscal quarter endFiscal Quarter commencing with the Fiscal Quarter ending December 31, 2021 shall not be greater less than or equal 1.25 to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter1.00.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the The Fixed Charge Coverage Ratio, for as of the four consecutive fiscal quarter period ending as end of each fiscal quarter endquarter, shall be greater than or equal to to: (i) 1.15 From the Effective Date to 1.0 for each fiscal quarter during the fiscal year 2009 and including August 31, 1998, 1.10 to 1.0; and (ii) From September 1, 1998 and thereafter, 1.20 to 1.0 for each fiscal quarter thereafter1.0.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, Permit on a consolidated basis the Fixed Charge Coverage Ratio, for the four consecutive fiscal quarter period ending as of each fiscal quarter end, shall Ratio to be greater less than or equal to (i) 1.15 to 1.0 for each the fiscal quarter during the fiscal year 2009 ending on or about September 30, 2021, 1.75 to 1.00, and (ii) 1.20 to 1.0 for the fiscal quarter ending on or about December 31, 2021 and for each fiscal quarter thereafter, 2.00 to 1.00. This ratio will be calculated at the end of each reporting period, using the results of the twelve-month period ending with that reporting period.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the A Fixed Charge Coverage Ratio, measured on a fiscal quarter-end basis for the four consecutive fiscal quarter 12-month period ending as of each fiscal quarter endafter the date hereof, shall be greater of not less than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter1.0:1.00.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008Maintain a consolidated Fixed Charge Coverage Ratio of not less than 1.2 to 1.00. For purposes of this Agreement, the Fixed Charge Coverage Ratio, for Ratio shall be calculated quarterly as of the four consecutive fiscal quarter period ending as end of each fiscal quarter end, shall be greater than or equal to (i) 1.15 to 1.0 of Borrower for each the four fiscal quarter during period most recently ended, commencing with the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafterof ending as of March 31, 2023.

Fixed Charge Coverage Ratio. Beginning Except as otherwise set forth in this Section 6.15(b), commencing with the fiscal quarter ended September 30ending on or about December 28, 20082002 and at the end of each fiscal quarter thereafter, the Fixed Charge Coverage Ratio, for the four consecutive fiscal quarter period ending as of each fiscal quarter end, Ratio shall not be greater less than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter1.75:1.

Fixed Charge Coverage Ratio. Beginning with At the quarter ended September 30, 2008, the Fixed Charge Coverage Ratio, for the four consecutive fiscal quarter period ending as end of each fiscal quarter end, shall be greater than or equal to (i) 1.15 to 1.0 for each commencing with the fiscal quarter during the fiscal year 2009 and (ii) 1.20 ending March 31, 2014, a Fixed Charge Coverage Ratio of at least 1.50 to 1.0 for each fiscal quarter thereafter.1.0; and

Fixed Charge Coverage Ratio. Beginning with Commencing as of the quarter Fiscal Quarter ended September 30December 31, 20082008 and continuing as of each Fiscal Quarter end through Bank Facility Termination, the Borrower shall maintain a minimum Fixed Charge Coverage Ratio, for Ratio no less than 1.25 to 1.00 to be calculated on a cumulative basis with respect to each Fiscal Quarter and the most recently ended three (3) preceding Fiscal Quarters on a rolling four consecutive fiscal quarter period ending as of each fiscal quarter end, shall be greater than or equal to (i4) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafterFiscal Quarter basis.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, Permit the Fixed Charge Coverage Ratio, for Ratio to be less than 1.10 to 1.0. The Loan Parties’ compliance with this Section 8.16 shall be calculated at the four consecutive fiscal quarter period ending as end of each fiscal quarter endquarter, shall be greater than or equal to (i) 1.15 to 1.0 for each commencing with the fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafterending September 30, 2009.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, Permit the Fixed Charge Coverage Ratio, for Ratio to be less than (a) 1.50 to 1.00 at the four consecutive end of any fiscal quarter-end occurring during the period from and including the Effective Date through and including the fourth fiscal quarter of fiscal year 2009, (b) 1.75 to 1.00 at the end of any fiscal quarter-end occurring during the period ending as from and including the first day of each the first fiscal quarter end, shall be greater than or equal to (i) 1.15 to 1.0 for each of fiscal year 2010 through and including the second fiscal quarter during the of fiscal year 2009 2010, and (iic) 1.20 2.25 to 1.0 for each 1.00 at the end of any fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Beginning Maintain as of the end of each fiscal quarter (commencing with the fiscal quarter ended ending September 30, 20082025), the a Fixed Charge Coverage RatioRatio for Quantum and its Subsidiaries, on a consolidated basis, of not less than 1.00: 1.00 for the four (4) consecutive fiscal quarter period ending as of each fiscal quarter end, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafterthen ended.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the It shall maintain a Fixed Charge Coverage Ratio, for measured at the four consecutive fiscal quarter period ending as end of each fiscal quarter endof the Borrower on a rolling four quarters basis, shall be of greater than or equal to (ia) 1.15 to 1.0 for each [DELETION] commencing from and including the fiscal quarter during ending June 30, 2021 through to and including the fiscal year 2009 quarter ending December 31, 2021, and (iib) 1.20 to 1.0 for each fiscal quarter [DELETION] thereafter.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the Maintain a Fixed Charge Coverage Ratio, Ratio as of the end of each Fiscal Quarter for the four consecutive fiscal quarter period Test Period then ended, beginning with the Fiscal Quarter ending as March 31, 2015 of each fiscal quarter end, shall be greater not less than or equal to (i) 1.15 1.25 to 1.0 for each fiscal quarter during 1 prior to the fiscal year 2009 payment of any dividend and (ii) 1.20 1.0 to 1.0 for each fiscal quarter thereafter1 after giving effect to any dividends.

Fixed Charge Coverage Ratio. Beginning with Maintain as of the quarter ended September 30end of each fiscal quarter, 2008, the a Fixed Charge Coverage RatioRatio for Quantum and its Subsidiaries, on a consolidated basis, of not less than the ratio set forth below for the each four (4) consecutive fiscal quarter period ending as of then ended set forth below: Fiscal Quarter Ending Minimum Fixed Charge Coverage Ratio December 31, 2016 and each fiscal quarter endending thereafter through and including the fiscal quarter ending September 30, shall be greater than or equal 2017 1.50 to (i) 1.15 to 1.0 for 1.00 December 31, 2017 and each fiscal quarter during the fiscal year 2009 and (ii) 1.20 ending thereafter 1.25 to 1.0 for each fiscal quarter thereafter.1.00

Fixed Charge Coverage Ratio. Beginning Commencing with the fiscal quarter ended ending September 30, 20082018, maintain as of the Fixed Charge Coverage Ratio, for the four consecutive fiscal quarter period ending as end of each fiscal quarter end, shall be greater of the Company a Fixed Charge Coverage Ratio of not less than or equal 1.25 to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter1.0. 11.

Fixed Charge Coverage Ratio. Beginning Commencing with the quarter ended September 30, 2008, the Fixed Charge Coverage Ratio, for the four consecutive fiscal quarter period ending as of each fiscal quarter endon December 31, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 2005 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter, maintain on a consolidated basis a Fixed Charge Coverage Ratio of at least level 1.50:1.00. This ratio will be calculated at the end of each reporting period for which this Agreement requires Borrower to deliver financial statements, using the results of the four-fiscal quarter period ending with that reporting period. The current portion of long-term liabilities will be measured as of the last day of the calculation period.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the The Fixed Charge Coverage Ratio, for as of the four consecutive fiscal quarter period ending as last day of each fiscal quarter endof the Consolidated Parties, shall be (i) for fiscal quarters ending on or before September 30, 2005, greater than or equal to (i) 1.15 1.40 to 1.0 for each fiscal quarter during the fiscal year 2009 1.0; and (ii) 1.20 for fiscal quarters ending thereafter, greater than or equal to 1.0 for each fiscal quarter thereafter1.50 to 1.0.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the Maintain on a consolidated basis a Fixed Charge Coverage Ratio, for the four consecutive fiscal quarter period ending Ratio of not less than 1.00 to 1.00 as of each fiscal quarter end, shall be greater than or equal to (i) 1.15 to 1.0 for each commencing with the fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafterending September 30, 2018.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the The Fixed Charge Coverage Ratio, for as of the four consecutive fiscal quarter period ending as end of each fiscal quarter endof the Borrower for the twelve month period ending on such date, shall be greater than or equal to to: (i) 1.15 to 1.0 for On the last day of each fiscal quarter during of the fiscal year 2009 Borrower from the Closing Date to and including September 30, 1997, 2.0 to 1.0; and (ii) 1.20 to 1.0 for On December 31, 1997 and on the last day of each fiscal quarter of the Borrower thereafter, 2.25 to 1.0.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the Maintain a Fixed Charge Coverage Ratio, for Ratio of not less than 1.10 to 1.00 at the four consecutive fiscal quarter period ending as end of each fiscal quarter end, shall be greater than or equal to of Borrowers (i) 1.15 to 1.0 for each commencing with the fiscal quarter during of Borrowers ending on September 30, 1999) for the period of four (4) consecutive fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafterquarters of Borrowers then ending.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the The Fixed Charge Coverage Ratio, for calculated as of the four consecutive fiscal quarter period ending as last day of each fiscal quarter end(beginning with the fiscal quarter ending June 30, 2021), shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter1.00.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the Have a Fixed Charge Coverage Ratio, measured on a quarter-end basis, of at least (i) 1.20:1.00 for the four consecutive fiscal quarter 12 month period ending as of the end of each fiscal quarter endif Borrowers’ Average Availability during such fiscal quarter was greater than $15,000,000, shall be greater or (ii) 1.05:1.00 for the 12 month period ending as of the end of each fiscal quarter if Borrowers’ Average Availability during such fiscal quarter was less than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter$15,000,000.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the Have a Fixed Charge Coverage Ratio, measured on a quarter-end basis (beginning with the fiscal quarter ending September 30, 2018), of at least 1.50 to 1.00 for the four consecutive fiscal quarter period ending as of each fiscal quarter end, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafterthen ending.

Fixed Charge Coverage Ratio. Beginning Commencing with the fiscal --------------------------- quarter ended September ending June 30, 20082005, the maintain a Fixed Charge Coverage Ratio, for Ratio at the four consecutive fiscal quarter period ending as end of each fiscal quarter endquarter, shall be greater with respect to the four fiscal quarters then ended, of not less than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter1.00.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the Maintain quarterly a Fixed Charge Coverage RatioRatio of not less than 1.25 to 1.00, for measured as follows: commencing with the four consecutive fiscal quarter period ending June 30, 2005, as of each fiscal quarter end, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal on a trailing four quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafterbasis.

Fixed Charge Coverage Ratio. Beginning Commencing with the quarter ended September 30fiscal month ending November 4, 2008, 2023 and as of the end of each fiscal month thereafter have a Fixed Charge Coverage Ratio, measured on a fiscal month-end basis for the four immediately preceding twelve (12) consecutive fiscal quarter period ending as months, of each fiscal quarter end, shall be greater not less than or equal 1.00 to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter1.00.”

Fixed Charge Coverage Ratio. Beginning with Maintain on a consolidated basis, as of the quarter ended September 30end of each fiscal quarter, 2008, the a Fixed Charge Coverage Ratio, Ratio of not less than 1.50 to 1.00. The Fixed Charge Coverage Ratio shall be calculated and tested quarterly for the four consecutive fiscal fiscal-quarter period ending ended as of the last day of each fiscal quarter endquarter, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during beginning June 30, 2009, and on the fiscal year 2009 and (ii) 1.20 to 1.0 for last day of each fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30With respect to any period of four consecutive fiscal quarters ending on or prior to March 31, 20082007, permit the Fixed Charge Coverage Ratio, Ratio for the any such period to be less than 1.30 to 1.00 and with respect to each period of four consecutive fiscal quarter quarters, the last day of which occurs after March 31, 2007, permit the Fixed Charge Coverage Ratio for any such period ending as of each fiscal quarter end, shall to be greater less than or equal 1.40 to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter1.00.

Fixed Charge Coverage Ratio. Beginning with Permit, as of the end of each fiscal quarter ended September commencing June 30, 20081997, the Fixed Charge Coverage Ratio, for Ratio to be less than 2.25 to 1.0 as of the four consecutive fiscal quarter period ending as end of each fiscal quarter end, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafterquarter.

Fixed Charge Coverage Ratio. Beginning Commencing with the quarter ended September 30three month period ending March 31, 20082013, the maintain at all times a Fixed Charge Coverage Ratio, for the four consecutive fiscal quarter period ending as of each fiscal quarter endon a consolidated basis, shall be equal to or greater than or equal 1.25 to (i) 1.15 to 1.0 for 1.00, reported at each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafterFiscal Quarter end.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the The Fixed Charge Coverage Ratio, for calculated as of the four consecutive fiscal quarter period ending as last day of each fiscal quarter endquarter, shall be greater than or equal to (i) 1.15 1.25 to 1.0 for each fiscal quarter during 1.00 from the fiscal year 2009 Second Amendment Effective Date through and including the Fourth Quarter of 2015 and (ii) 1.20 1.30 to 1.0 for each fiscal quarter 1.00 from the First Quarter of 2016 and thereafter.

Fixed Charge Coverage Ratio. Beginning with Maintain at all such times a Fixed Charge Coverage Ratio of not less than (i) .75 to 1.00 for the fiscal quarter ended ending Xxxxx 00, 0000 (xx) 1.00 to 1.00 for the last two fiscal quarters ending June 30, 2001, (iii) 1.00 to 1.00 for the last three fiscal quarters ending September 30, 2008, 2001 and (iv) commencing with the Fixed Charge Coverage Ratio, for the four consecutive fiscal quarter period ending as December 31, 2001, 1.00 to 1.00, to be tested on a rolling four quarter basis at the end of each fiscal quarter end, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafterquarter.

Fixed Charge Coverage Ratio. Beginning with Maintain a Fixed Charge Coverage Ratio at each fiscal quarter end of not less than 1.05:1.00 for (i) the quarter ended two fiscal quarters ending June 30, 2003, (ii) the three fiscal quarters ending September 30, 20082003, and (iii) thereafter, the Fixed Charge Coverage Ratio, for the four consecutive fiscal quarter period ending as of each fiscal quarter end, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafterquarters then ended.

Fixed Charge Coverage Ratio. Beginning Maintain at all times a Fixed Charge Coverage Ratio of not less than 1.05 to 1.0 as of the end of each fiscal quarter, calculated on a rolling four-quarter basis commencing with the four-quarter ended period ending September 30, 2008, the Fixed Charge Coverage Ratio, for the four consecutive fiscal quarter period ending as of each fiscal quarter end, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter1999.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the Maintain at all times a Fixed Charge Coverage Ratio, for on a consolidated basis, reported as of the four consecutive fiscal quarter period ending as end of each fiscal quarter endquarter, shall be greater than or equal to (i) 1.15 or greater than: Through 3/31/07 0.65 to 1.0 for each fiscal quarter during the fiscal year 2009 1.00 4/1/07 through 6/30/07 0.55 to 1.00 7/1/07 through 9/29/07 1.10 to 1.00 9/30/07 and (ii) 1.20 thereafter 1.25 to 1.0 for each fiscal quarter thereafter.1.00

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, Permit the Fixed Charge Coverage Ratio, for Ratio to be less than (a) 1.50 to 1.00 at the four consecutive end of any fiscal quarter-end occurring during the period from and including the Third Amendment Closing Date through and including the fourth fiscal quarter of fiscal year 2009, (b) 1.75 to 1.00 at the end of any fiscal quarter-end occurring during the period ending as from and including the first day of each the first fiscal quarter end, shall be greater than or equal to (i) 1.15 to 1.0 for each of fiscal year 2010 through and including the second fiscal quarter during the of fiscal year 2009 2010, and (iic) 1.20 2.25 to 1.0 for each 1.00 at the end of any fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Beginning The Borrower will maintain, as of the end of each Fiscal Quarter, commencing with the quarter ended September Fiscal Quarter ending June 30, 2008, the a Fixed Charge Coverage RatioRatio of not less than the following: Fiscal Quarter Fixed Charge Coverage Ratio Each Fiscal Quarter ending on or 1.15:1.0 prior to June 30, for the four consecutive fiscal quarter period 2008 The Fiscal Quarter ending as of each fiscal quarter endon September 30, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter.2008 1.20:1.0 Each Fiscal Quarter ending thereafter 1.50:1.0

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the To maintain a Fixed Charge Coverage Ratio, for Ratio of at least 1.50:1. This ratio will be calculated at the four consecutive fiscal quarter period ending as end of each fiscal quarter, using the results of that quarter end, shall be greater than or equal to (i) 1.15 to 1.0 for and each of the three immediately preceding fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafterquarters.

Fixed Charge Coverage Ratio. Beginning with At all times during the quarter ended September 30, 2008, term hereof the Fixed Charge Coverage Ratio, Ratio shall not be less than the following: 1.0:1. 0 for the four consecutive period beginning with the fiscal quarter period ending as of each on September 30, 2003 and the fiscal quarter endending December 31, shall be greater than or equal to (i) 1.15 to 1.0 2004; 0.8:1. 0 for each the fiscal quarters ending March 31, 2005, June 30, 2005 and September 30, 2005; 0.9:1 0 for the fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 ending December 31, 2005; and 1.0:1. 0 for each fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Beginning Commencing with the fiscal quarter ended September 30ending July 31, 20082010, cause to be maintained as of the end of each fiscal quarter, a Fixed Charge Coverage Ratio of not less than 1.10 to 1.0, measured on a rolling four (4) quarter basis, provided however that for the first 3 fiscal quarters following the Closing Date the Fixed Charge Coverage Ratio, for the four consecutive fiscal quarter period ending as of each fiscal quarter end, Ratio shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during measured from the first day of the fiscal year 2009 and (ii) 1.20 commencing May 1, 2010 to 1.0 for each fiscal quarter thereafterthe end of such quarter.

Fixed Charge Coverage Ratio. Beginning with the Borrowers shall maintain a Fixed Charge Coverage Ratio of not less than (i) 1.0 to 1.0 as of Borrowers’ fiscal quarter ended September ending June 30, 2008, (ii) 1.0 to 1.0 as of the Fixed Charge Coverage Ratio, for the four consecutive end of Borrowers’ fiscal quarter period ending September 30, 2008 measured on a year-to-date basis and (iii) 1.2 to 1.0 as of the end of Borrowers’ fiscal quarter ending December 31, 2008 and as of the end of each fiscal quarter endof Borrowers thereafter, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal measured on a rolling four quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafterbasis.

Fixed Charge Coverage Ratio. Beginning Commencing with the quarter ended September 30Fiscal Quarter ending December 31, 20082014, the maintain at all times a Fixed Charge Coverage Ratio, on a consolidated basis, equal to or greater than the following ratios for the four consecutive fiscal quarter period ending as following periods, reported at the end of each fiscal quarter end, shall be greater than or equal Fiscal Quarter” 12/26/2014 through and including 3/26/15 > 1.00 to (i) 1.00 3/27/2015 through and including 6/25/2015 > 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 1.00 6/26/2015 and (ii) 1.20 thereafter > 1.25 to 1.0 for each fiscal quarter thereafter.1.00

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the The Fixed Charge Coverage Ratio, for as of the four consecutive fiscal quarter period ending as last day of each fiscal quarter endof the Borrower, shall be greater than or equal to to: (i) 1.15 to 1.0 for each any fiscal quarter during ending in the fiscal year 2009 period from the Closing Date to and including December 31, 2000, 1.00 to 1.00; (ii) for any fiscal quarter ending in the period from January 1, 2001 to and including December 31, 2001, 1.10 to 1.00; and (iii) for any fiscal quarter ending in the period from January 1, 2002 and at all times thereafter, 1.20 to 1.0 for each fiscal quarter thereafter1.00.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the Cause to be maintained a Fixed Charge Coverage Ratio, for measured as of the four consecutive fiscal quarter period ending as end of each fiscal quarter endfor the trailing twelve (12) fiscal month period, shall be greater than or equal to (i) 1.15 of not less than 1.10 to 1.0 for each any fiscal quarter during the fiscal year 2009 ending in 2011 and (ii) of not less than 1.20 to 1.0 for each any fiscal quarter ending thereafter.

Fixed Charge Coverage Ratio. Beginning with As of December 31, 2001, and as of the quarter ended September 30last day of each Fiscal Quarter thereafter, 2008for the period equal to the four (4) consecutive Fiscal Quarters then ending, the Borrower and its Subsidiaries shall maintain a Fixed Charge Coverage Ratio, for the four consecutive fiscal quarter period ending as of each fiscal quarter end, shall be Ratio greater than or equal to (i) 1.15 1.25 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter1.00.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the Maintain a Fixed Charge Coverage Ratio, to be measured as of the end of each quarter for the periods described below, of not less than: (i) 1.25 to 1.0 for the three consecutive fiscal quarter period ending March 31, 2000; and (ii) 1.25 to 1.0 for the four consecutive fiscal quarter period ending as of each on June 30, 2000, and for the four consecutive fiscal quarter end, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for period ending on each fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Beginning with Have at the end of each of the fiscal quarters ending April 4, 1998, July 4, 1998 and October 3, 1998 a year-to-date Fixed Charge Ratio as of the end of the applicable fiscal quarter ended September 30equal to or greater than 1.25 to 1. Have at the end of each other fiscal quarter within the Original Term, 2008, the a Fixed Charge Coverage Ratio, Ratio for the four twelve consecutive fiscal quarter period ending as of each fiscal quarter end, shall be months then ended equal to or greater than or equal 1.25 to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter1.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the The Fixed Charge Coverage Ratio, for as of the four consecutive fiscal quarter period ending as last day of each fiscal quarter endof the Credit Parties, beginning with the fiscal quarter ending December 31, 2008, shall be greater than or equal to (i) 1.15 1.00 to 1.0 1.00 for each the fiscal quarter during the fiscal year 2009 ending December 31, 2008, and (ii) 1.20 1.25 to 1.0 1.00 for the fiscal quarter ending March 31, 2009, and each fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Beginning Commencing with the fiscal quarter ended September 30ending January 31, 20082012, the have a Fixed Charge Coverage Ratio, measured on a quarter-end basis, of at least 1.33:1.00 for the four consecutive fiscal quarter each 12 month period ending as of the end of each fiscal quarter end, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafterquarter.

Fixed Charge Coverage Ratio. Beginning As of the end of each Fiscal Quarter, commencing with the quarter ended Fiscal Quarter ending September 30, 20082020, the Fixed Charge Coverage Ratio, for the four consecutive fiscal quarter period ending as of each fiscal quarter end, Ratio shall not be less than 1.20 to 1.00. The Fixed Charge Coverage Ratio shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal measured quarterly on a rolling four quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafterbasis.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, Permit the Fixed Charge Coverage Ratio, Ratio at any time to be less than 1.10:1.00 for the four consecutive fiscal quarter period quarters ending as on January 31, April 30, July 31 and October 31 of each fiscal quarter endyear commencing with January 31, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter1996.

Fixed Charge Coverage Ratio. Beginning To maintain on a consolidated basis a Fixed Charge Coverage Ratio of at least 1.20:1.00. This ratio will be calculated and tested at the end of each quarter (commencing with the quarter ended September 30, 2008, the Fixed Charge Coverage Ratio, 2016) for the four consecutive fiscal quarter period ending as of each fiscal quarter end, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafterthen ended.

Fixed Charge Coverage Ratio. Beginning The Borrower and its Subsidiaries shall maintain on a consolidated basis, as of the end of each Fiscal Quarter, commencing with the quarter ended Fiscal Quarter ending September 30, 2005, a Fixed Charge Coverage Ratio of not less than: Each Fiscal Quarter ending on or 1.50:1.0 prior to March 31, 2007 Each Fiscal Quarter ending after 1.15:1.0 March 31, 2007 and on or prior to December 31, 2007 Each Fiscal Quarter ending after 1.05:1.0 December 31, 2007 and on or prior to September 30, 2008 Each Fiscal Quarter ending after 1.15:1.0 September 30, 2008, the Fixed Charge Coverage Ratio, for the four consecutive fiscal quarter period ending as of each fiscal quarter end, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Beginning As of the end of each Fiscal Quarter ending after the Closing Date, commencing with the quarter ended September 30Fiscal Quarter ending December 31, 20082013, the Fixed Charge Coverage Ratio, Ratio for the trailing four consecutive fiscal quarter period Fiscal Quarters then ending as of each fiscal quarter end, shall be greater than equal or equal exceed 1.25 to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter1.00.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, Permit the Fixed Charge Coverage RatioRatio to be less than 1.10 to 1.00, measured as of (a) November 30, 2010, for the fiscal quarter then most recently ended; (b) February 28, 2011, for the two fiscal quarter period then most recently ended; (c) May 31, 2011, for the three fiscal quarter period then most recently ended; (d) August 31, 2011 and as of the last day of each fiscal quarter thereafter, for the four consecutive fiscal quarter period ending as of each fiscal quarter end, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafterthen most recently ended.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the Have a Fixed Charge Coverage Ratio, measured on a quarter-end basis, of at least (i) 1.20:1.00 for the four consecutive fiscal quarter 12 month period ending as of the end of each fiscal quarter endif Borrowers’ Average Availability during such fiscal quarter was greater than 12% of the Maximum Revolver Amount, shall be greater or (ii) 1.05:1.00 for the 12 month period ending as of the end of each fiscal quarter if Borrowers’ Average Availability during such fiscal quarter was less than or equal to (i) 1.15 to 1.0 for each fiscal quarter during 12% of the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafterMaximum Revolver Amount.”

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, Permit the Fixed Charge Coverage Ratio, Ratio as of the end of each Fiscal Quarter for the period of four consecutive fiscal quarter period (4) Fiscal Quarters then ended, commencing with the first Fiscal Quarter ending as of each fiscal quarter endon December 31, shall be greater than or equal to (i) 1.15 to 1.0 2018 and for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 Fiscal Quarter thereafter, to 1.0 for each fiscal quarter thereafterbe less than 1.20:1.00.

Fixed Charge Coverage Ratio. Beginning Maintain a Fixed Charge Coverage Ratio of at least 1.15 to 1.00 at the end of each Fiscal Quarter commencing with the quarter ended Fiscal Quarter ending September 30, 2008, the Fixed Charge Coverage Ratio, for the four consecutive fiscal quarter period ending as of each fiscal quarter end, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter2010.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the The Fixed Charge Coverage Ratio, for the four consecutive fiscal quarter period ending as of each fiscal quarter end, Ratio shall be greater than or equal to (i) 1.15 1.0 to 1.0 1, determined as of the end of any Fiscal Quarter for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafterfour most recently ended Fiscal Quarters, beginning with the Fiscal Quarter beginning on January 1, 2021.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the The Fixed Charge Coverage Ratio, calculated for the four consecutive fiscal quarter period ending as of each fiscal quarter endFiscal Quarter (or Fiscal Month) just ended and the immediately preceding three Fiscal Quarters (or 11 Fiscal Months), shall will be equal to or greater than or equal 1.4 to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter1.0.

Fixed Charge Coverage Ratio. Beginning with the quarter ended Maintain its Fixed Charge Coverage Ratio at not less than (a) 1.10 to 1.00 as of March 31, 2004 and June 30, 2004, and (b) 1.20 to 1.00 as of September 30, 2008, the Fixed Charge Coverage Ratio, for the four consecutive fiscal quarter period ending as of 2004 and at each fiscal quarter end, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter end thereafter.

Fixed Charge Coverage Ratio. Beginning with Maintain as of the quarter ended September 30, 2008, the Fixed Charge Coverage Ratio, for the four consecutive fiscal quarter period ending as end of each fiscal quarter enda Fixed Charge Coverage Ratio for the 12-month period ending at the end of that quarter of not less than 1.10 to 1 at March 31, shall be greater 2006 and of not less than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter 1 at all times thereafter.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the The Fixed Charge Coverage Ratio, for as of the four consecutive fiscal quarter period ending as --------------------------- end of each fiscal quarter endquarter, shall be greater than or equal to to: (i) 1.15 From the Effective Date to 1.0 for each fiscal quarter during the fiscal year 2009 and including November 29, 1999, 1.10 to 1.0; and (ii) 1.20 From November 30, 1999 and thereafter, 1.25 to 1.0 for each fiscal quarter thereafter1.0.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the Maintain at all times a Fixed Charge Coverage Ratio, for on a consolidated basis, equal to or greater than 1.10 to 1.00, reported at the four consecutive fiscal quarter period ending as end of each fiscal quarter endFiscal Quarter commencing with the Fiscal Quarter ending June 30, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter2008.

Fixed Charge Coverage Ratio. Beginning (x) Commencing with the fiscal quarter ended ending January 1, 2011, and for each fiscal quarter thereafter up to and including the fiscal quarter ending on or about September 30, 20082011, cause to be maintained as of the end of each such fiscal quarter, a Fixed Charge Coverage RatioRatio of not less than 1.0 to 1.0 and (y) for each fiscal quarter ending on or after the fiscal quarter ending on or about December 31, 2011, for the four consecutive fiscal quarter period ending as then ended, a Fixed Charge Coverage Ratio of each fiscal quarter end, shall be greater not less than or equal to (i) 1.15 1.0 to 1.0 for each such four fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafterperiod.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, The Borrowers and their Subsidiaries will not permit the Fixed Charge Coverage Ratio, as of the last day of any fiscal quarter for the four consecutive fiscal quarter period quarters ending as of each fiscal quarter endon the dates indicated, shall to be greater less than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (iia) 1.20 to 1.0 1.00 for the fiscal quarter ending September 30, 2012 through the fiscal quarter ending September 30, 2013, (b) 1.25 to 1.00 for the fiscal quarter ending December 31, 2013 through the fiscal quarter ending September 30, 2014 and (c) 1.30 to 1.00 for each fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Beginning with Computation Period relating to the quarter ended September 30Fiscal Quarter ending on March 31, 20082008 and thereafter for each Computation Period relating to each Fiscal Quarter ending thereafter, not permit the Fixed Charge Coverage Ratio, for the four consecutive fiscal quarter period ending Ratio (calculated as of the last day of each fiscal quarter end, shall Fiscal Quarter) to be greater less than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter1.00:1.00.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008Maintain a consolidated Fixed Charge Coverage Ratio of not less than 1.2 to 1.00. For purposes of this Agreement, the Fixed Charge Coverage Ratio, for Ratio shall be calculated quarterly as of the four consecutive fiscal quarter period ending as end of each fiscal quarter end, shall be greater than or equal to (i) 1.15 to 1.0 of Borrower for each the four fiscal quarter during period most recently ended, commencing with the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafterof ending as of June 30, 2022.

Fixed Charge Coverage Ratio. Beginning with the fiscal quarter ended ending September 30, 20082012, and at all times thereafter, the Fixed Charge Coverage Ratio, Ratio may not at any time be less than 1.25 to 1.00. The Fixed Charge Coverage Ratio shall be calculated and tested quarterly for the four consecutive fiscal fiscal-quarter period ending as of the last day of each fiscal quarter end, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafterof Borrower.

Fixed Charge Coverage Ratio. Beginning with Guarantor and its Subsidiaries will maintain a Fixed Charge Coverage Ratio of not less than (a) 1.50 to 1.00 for the fiscal quarter ended ending as of September 30, 2008, the Fixed Charge Coverage Ratio, 2004 and (b) 1.40 to 1.00 for the four consecutive fiscal quarter period ending as of each fiscal quarter endDecember 31, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter2004.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the The Fixed Charge Coverage Ratio, for as of --------------------------- the four consecutive fiscal quarter period ending as end of each fiscal quarter endquarter, shall be greater than or equal to to: (i) 1.15 From the Effective Date to 1.0 for each fiscal quarter during the fiscal year 2009 and including November 29, 1999, 1.10 to 1.0; and (ii) 1.20 From November 30, 1999 and thereafter, 1.25 to 1.0 for each fiscal quarter thereafter1.0.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the Borrower's Fixed Charge Coverage Ratio, for the measured on a rolling four consecutive fiscal quarter period ending (4) Fiscal Quar ters' basis as of the end of each fiscal quarter endFiscal Quarter, commencing with the Fiscal Quarter ended closest to December 31, 1996, shall be greater not less than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter2:1.

Fixed Charge Coverage Ratio. Beginning Commencing with the quarter ended Fiscal Quarter ending September 30, 20082017, the maintain a Fixed Charge Coverage RatioRatio of at least 1.0:1.0, determined as of the last day of each Fiscal Quarter for the trailing four consecutive fiscal quarter period ending as of each fiscal quarter end, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafterthen ended.

Fixed Charge Coverage Ratio. Beginning with the At each fiscal quarter ended end occurring on and after September 30, 20081997, the have a Fixed Charge Coverage Ratio, for the four consecutive fiscal quarter period ending as of each fiscal quarter end, shall be Ratio greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter1.00:1.00.

Fixed Charge Coverage Ratio. Beginning Permit, as of the end of any fiscal quarter, commencing with the fiscal quarter ended ending September 30, 20082007, the Fixed Charge Coverage Ratio, for the four consecutive fiscal quarter period ending as of each fiscal quarter end, shall Ratio to be greater less than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter1.00.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the Borrowers will maintain a Fixed Charge Coverage Ratio, for the four consecutive fiscal quarter period ending as Ratio of each fiscal quarter end, shall be greater not less than or equal to (i) 1.15 to 1.0 for each the fiscal quarter during the fiscal year 2009 ending March 31, 2002 and (ii) 1.20 to 1.0 for each fiscal quarter end thereafter. In addition, if Borrowers fail to maintain a Fixed Charge Coverage Ratio of more than 1.25 to 1.0 for any fiscal quarter, Borrowers agree to pay to Bank a fee in the amount of $7,500 for such fiscal quarter, which fee will be due and payable at the end of the applicable fiscal quarter.

Fixed Charge Coverage Ratio. Beginning with (1) For the quarter ended September fiscal quarters ending August 31, 2003, and November 30, 20082003, the a Fixed Charge Coverage RatioRatio of not less than 1.10:1.0, measured on a fiscal quarter-end basis, (2) for the four consecutive fiscal quarter period ending as February 29, 2004, a Fixed Charge Coverage Ratio of each not less than 1.20:1.0, measured on a fiscal quarter-end basis, and (3) for the fiscal quarter endending May 31, shall be greater than or equal to (i) 1.15 to 1.0 2004, and for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter ending thereafter., a Fixed Charge Coverage Ratio of not less than 1.25:1.0;

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the Have a Fixed Charge Coverage Ratio, for the measured on a trailing four consecutive fiscal quarter period ending basis, as of the end of the fiscal quarter ended immediately preceding the Commencement Date and as of the end of each fiscal quarter endended during such Financial Covenant Period, shall be greater than or equal to (i) 1.15 to of at least the required ratio set forth in the following table for the applicable period set forth opposite thereto: 1.1 1.0 For the 12 month period ending April 4, 2011 and for each fiscal quarter during 12 month period ended as of the fiscal year 2009 and (ii) 1.20 to 1.0 for end of each fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Beginning Commencing with the fiscal quarter ended ending September 30, 2008, the have a Fixed Charge Coverage Ratio, measured on a fiscal quarter-end basis for the period of four consecutive fiscal quarters then ending, of less than the required amount set forth in the following table for any fiscal quarter period ending as of each fiscal quarter end, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter.applicable period set forth opposite thereto:

Fixed Charge Coverage Ratio. Beginning with As of the quarter ended September 30end of each fiscal quarter, 2008, the there shall be maintained a Fixed Charge Coverage RatioRatio of at least: For fiscal quarters ending prior to May 31, for 1996 1.5:1.0 From the four consecutive fiscal quarter period ending as of each May 31, 1996 through the fiscal quarter endending February 28, shall be greater than or equal to (i) 1.15 to 1.0 for each 1998 1.25:1.0 For fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter.quarters ending after February 28, 1998 1.5:1.0

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the The Fixed Charge Coverage Ratio, for calculated as of the four consecutive fiscal quarter period ending as last day of each fiscal quarter endquarter, shall be greater than or equal to (i) 1.15 1.20 to 1.0 for each fiscal quarter during 1.00 from the fiscal year 2009 Closing Date through and including the Second Quarter of 2013 and (ii) 1.20 1.30 to 1.0 for each fiscal quarter 1.00 from the Third Quarter of 2013 and thereafter.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the Have a Fixed Charge Coverage Ratio, measured on a quarter-end basis, of at least the required amount set forth in the following table for the four consecutive fiscal applicable period set forth opposite thereto: 1.20:1. 0 For the 4 quarter period ending as July 31, 2024, and for the 4 quarter period ending on the last day of each fiscal quarter endthereafter through the 4 quarter period ending January 31, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter.2025

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the The Company and its Subsidiaries shall maintain at all times a Fixed Charge Coverage Ratio, for the calculated on a trailing four consecutive fiscal quarter period ending as quarters basis, of each fiscal quarter end, shall be greater than or equal to (i) 1.15 not less than: .935 to 1.0 for each the fiscal quarter during the fiscal year 2009 and (ii) 1.20 ending September 30, 2001, 1.02 to 1.0 for each the fiscal quarter ending December 31, 2001 and 1.0625 to 1.0 for all fiscal quarters thereafter.

Fixed Charge Coverage Ratio. Beginning with The Borrower shall maintain, on a consolidated basis, (i) as of the quarter ended end of each of the fiscal quarters ending September 30, 20081995 and December 31, the 1995, a Fixed Charge Coverage Ratio, for Ratio not less than 2.25 to 1.0 and (ii) as of the four consecutive fiscal quarter period ending as end of each fiscal quarter endthereafter, shall be greater a Fixed Charge Coverage Ratio not less than or equal 3.00 to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter1.0.

Fixed Charge Coverage Ratio. Beginning Commencing with the quarter ended September 30Fiscal Quarter ending June 26, 20082015, the maintain at all times a Fixed Charge Coverage Ratio, on a consolidated basis, equal to or greater than the following ratios for the four consecutive fiscal quarter period ending as following periods, reported at the end of each fiscal quarter end, shall be greater than or equal Fiscal Quarter: 6/26/15 through and including 9/30/15 > 0.45 to (i) 1.15 1.00 10/01/15 through and including 1/01/16 > 0.75 to 1.0 for each fiscal quarter during the fiscal year 2009 1.00 1/02/16 through and (ii) 1.20 including 4/01/16 > 1.00 to 1.0 for each fiscal quarter thereafter.1.00 4/02/16 through and including 7/01/16 > 1.10 to 1.00 7/2/16 and thereafter > 1.25 to 1.00

Fixed Charge Coverage Ratio. Beginning with Permit the quarter ended September 30, 2008, the Consolidated Fixed Charge Coverage Ratio, Ratio for any period of four consecutive fiscal quarters to be less than (a) 1.20 to 1.00 for the four consecutive fiscal quarters ended on June 30, 1999 and (b) 1.50 to 1.00 for the four fiscal quarters ended on the last day of any fiscal quarter period ending as occurring from and after June 30, 1999. With respect to months that end on or before January 31, 1999, the relevant components of each fiscal quarter end, the forgoing ratio shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereaftercalculated on a pro forma basis.

Fixed Charge Coverage Ratio. Beginning with Maintain, on a Consolidated basis, (i) as of the end of its fiscal quarter ended September 30ending June 28, 20082003, for the twelve-month period ending on such date, a Fixed Charge Coverage RatioRatio of not less than 0.75 to 1.00, for and (ii) as of the four consecutive fiscal quarter period ending as end of each fiscal quarter endthereafter, shall be greater for the twelve-month period ending on such date, a Fixed Charge Coverage Ratio of not less than or equal 1.10 to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter1.00.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the The Fixed Charge Coverage Ratio, for as of the four consecutive fiscal quarter period ending as end of each fiscal quarter, commencing with the fiscal quarter endending May 31, 2007, shall be greater than or equal to (i) 1.15 2.0 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter1.0.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the Maintain a Fixed Charge Coverage Ratio, Ratio of not less than: (i) 90 to 1.0 for the four consecutive fiscal quarter period periods ending as of each on September 30, 1997; (ii) 1.0 to 1.0 for the four consecutive fiscal quarter endperiods ending on December 31, shall be greater than or equal 1997; (iii) 1.0 to 1.0 for the four consecutive fiscal quarter periods ending on March 31, 1998; and (iiv) 1.15 1.50 to 1.0 for each four consecutive fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter periods ending thereafter.

Fixed Charge Coverage Ratio. Beginning with the quarter ended To maintain on a consolidated basis a Fixed Charge Coverage Ratio of at least 1.25 to 1 as of September 30, 20082009, the Fixed Charge Coverage Ratio, for the four consecutive fiscal quarter period ending and as of each fiscal quarter end, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter end thereafter.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the Fixed Charge Coverage RatioPermit, for the four consecutive fiscal quarter quarters ending September 30, 1996 and for each period of four consecutive fiscal quarters ending as thereafter, the Consolidated Fixed Charge Coverage Ratio of the Borrower and its Subsidiaries, calculated at the end of each fiscal quarter endof the Borrower, shall to be greater less than or equal 1.25 to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter1.00.

Fixed Charge Coverage Ratio. Beginning Commencing with the Company’s fiscal quarter ended September 30, 2008, the Fixed Charge Coverage Ratio, for the four consecutive fiscal quarter period ending as of each fiscal quarter end, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 2015 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter, permit the Fixed Charge Coverage Ratio as of the last day of the fiscal quarter then ended, to be less than 1.25 to 1.0.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the Maintain a Fixed Charge Coverage RatioRatio of not less than 1.0 to 1.0, calculated on a quarterly basis at the end of each Fiscal Quarter for the four consecutive fiscal quarter period immediately preceding 4 Fiscal Quarters, commencing with the Fiscal Quarter ending as of each fiscal quarter endon September 8, shall be greater than or equal 2001. f. By adding the following new Section 10.1.13 to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter.Loan Agreement immediately following Section 10.1.12:

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, Permit the Fixed Charge Coverage RatioRatio at the end of any fiscal quarter, for commencing with the four consecutive fiscal quarter period ending as of each fiscal quarter endSeptember 30, shall 2010, to be greater less than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter1.25:1.00.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the Maintain at all times a Fixed Charge Coverage Ratio, for on a consolidated basis, equal to or greater than 1.10 to 1.00, reported at the four consecutive fiscal quarter period ending as end of each fiscal quarter endFiscal Quarter commencing with the Fiscal Quarter ending June 30, shall be greater than or equal to (i) 1.15 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 to 1.0 for each fiscal quarter thereafter2009.

Fixed Charge Coverage Ratio. Beginning with the quarter ended September 30, 2008, the The Fixed Charge Coverage Ratio, for as of the four consecutive fiscal quarter period ending as last day of each fiscal quarter endof the Borrower occurring during the periods indicated below, shall be greater than or equal to (i) 1.15 the following: Fiscal Quarter Ending Required Ratio September 30, 2005 through December 31, 2007 1.10 to 1.0 for each fiscal quarter during the fiscal year 2009 and (ii) 1.20 1.00 Thereafter 1.25 to 1.0 for each fiscal quarter thereafter.1.00