Common use of Fixed Charge Coverage Ratio Clause in Contracts

Fixed Charge Coverage Ratio. Permit the Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31, 2003), to be less than 1.85 to 1.0.

Fixed Charge Coverage Ratio. Permit the Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing Commencing with the fiscal quarter ending March 31, 2018, maintain as of December 31, 2003), to be the end of each fiscal quarter of the Company a Fixed Charge Coverage Ratio of not less than 1.85 1.25 to 1.0. 11.

Fixed Charge Coverage Ratio. Permit or suffer the Fixed Charge Coverage Ratio for any period determined as of four consecutive the end of each fiscal quartersquarter of the Company, in each case taken as one accounting period (commencing with the fiscal quarter ending as September 30, 1997, for the period of December 31, 2003)four fiscal quarters then ended, to be less than 1.85 (i) 1.45 to 1.01.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Permit Beginning with the quarter ended September 30, 2008, the Fixed Charge Coverage Ratio Ratio, for any period of the four consecutive fiscal quarters, in each case taken as one accounting quarter period (commencing with the fiscal quarter ending as of December 31each fiscal quarter end, 2003), shall be greater than or equal to be less than 1.85 (i) 1.15 to 1.01.0 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. Permit the Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing Commencing with the fiscal quarter ending September 30, 2018, maintain as of December 31, 2003), to be the end of each fiscal quarter of the Company a Fixed Charge Coverage Ratio of not less than 1.85 1.25 to 1.0. 11.

Fixed Charge Coverage Ratio. Permit the The Fixed Charge Coverage Ratio for any period Ratio, as of four consecutive fiscal quarters, in the last day of each case taken as one accounting period (commencing with the fiscal quarter of the Consolidated Parties, shall be (i) for fiscal quarters ending as of December 31on or before September 30, 2003)2005, greater than or equal to be less 1.40 to 1.0; and (ii) for fiscal quarters ending thereafter, greater than 1.85 or equal to 1.50 to 1.0.

Fixed Charge Coverage Ratio. Permit the Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31, 2003), to be less than 1.85 (a) 1.50 to 1.01.00 at the 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 from and including the first day of the first fiscal quarter of fiscal year 2010 through and including the second fiscal quarter of fiscal year 2010, and (c) 2.25 to 1.00 at the end of any fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Permit Permit, for the Fixed Charge Coverage Ratio four consecutive fiscal quarters ending June 30, 1997 and for any each period of four consecutive fiscal quartersquarters ending thereafter, in the Consolidated Fixed Charge Coverage Ratio of the Borrower and its Subsidiaries, calculated at the end of each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31, 2003)the Borrower, to be less than 1.85 1.25 to 1.01.00.

Fixed Charge Coverage Ratio. Permit Commencing as of the Fiscal Quarter ended December 31, 2008 and continuing as of each Fiscal Quarter end through Bank Facility Termination, the Borrower shall maintain a minimum Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31, 2003), no less than 1.25 to 1.00 to be less than 1.85 calculated on a cumulative basis with respect to 1.0each Fiscal Quarter and the most recently ended three (3) preceding Fiscal Quarters on a rolling four (4) Fiscal Quarter basis.

Fixed Charge Coverage Ratio. Permit the The Fixed Charge Coverage Ratio for any period Ratio, calculated as of four consecutive the last day of each fiscal quarters, in each case taken as one accounting period quarter (commencing beginning with the fiscal quarter ending as of December 31June 30, 20032021), shall be greater than or equal to be less than 1.85 1.20 to 1.01.00.

Fixed Charge Coverage Ratio. Permit the The Fixed Charge Coverage Ratio for any period of four consecutive fiscal quartersRatio, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December the end of each fiscal quarter, shall be greater than or equal to: (i) From the Effective Date to and including August 31, 2003)1998, 1.10 to be less than 1.85 1.0; and (ii) From September 1, 1998 and thereafter, 1.20 to 1.0.

Fixed Charge Coverage Ratio. Permit the It shall maintain a Fixed Charge Coverage Ratio for any period Ratio, measured at the end of each fiscal quarter of the Borrower on a rolling four consecutive fiscal quartersquarters basis, in each case taken as one accounting period of greater than or equal to (a) [DELETION] commencing with from and including the fiscal quarter ending as of June 30, 2021 through to and including the fiscal quarter ending December 31, 2003)2021, to be less than 1.85 to 1.0and (b) [DELETION] thereafter.

Fixed Charge Coverage Ratio. Permit the The Fixed Charge Coverage Ratio of Borrower and the Included Subsidiaries on a consolidated basis for any the twelve Fiscal Month period ending at the end of four consecutive fiscal quarters, in each case taken as one accounting period (Fiscal Quarter commencing with the fiscal quarter Fiscal Quarter ending as of December 31, 2003), to 2021 shall not be less than 1.85 1.25 to 1.01.00.

Fixed Charge Coverage Ratio. Permit the The Fixed Charge Coverage Ratio for any period of four consecutive fiscal quartersRatio, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December the end of each fiscal quarter, shall be greater than or equal to: (i) From the Effective Date to and including August 31, 2003)1998, 1.10 to be less than 1.85 1.0; and (ii) From September 1, 1998 and thereafter, 1.20 to 1.0.

Fixed Charge Coverage Ratio. Permit the The Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as one accounting quarters of Holdings ending during any period (commencing with set forth below shall not be less than the ratio set forth below opposite such period: Periods Ending Ratio Effective Date through and including the last day of the fiscal quarter ending as on or about October 30, 2010 2.25 to 1.00 Thereafter through and including the last day of December 31the fiscal quarter ending on or about October 29, 2003), 2011 2.50 to be less than 1.85 1.00 Thereafter 3.00 to 1.0.1.00

Fixed Charge Coverage Ratio. Permit Maintain as of the end of each fiscal quarter, a Fixed Charge Coverage Ratio for any period Quantum and its Subsidiaries, on a consolidated basis, of not less than the ratio set forth below for each four (4) consecutive fiscal quartersquarter period then ended set forth below: Fiscal Quarter Ending Minimum Fixed Charge Coverage Ratio December 31, in 2016 and each case taken as one accounting period (commencing with fiscal quarter ending thereafter through and including the fiscal quarter ending as of September 30, 2017 1.50 to 1.00 December 31, 2003), 2017 and each fiscal quarter ending thereafter 1.25 to be less than 1.85 to 1.0.1.00

Fixed Charge Coverage Ratio. Permit on a consolidated basis the Fixed Charge Coverage Ratio to be less than (i) for any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending as of on or about September 30, 2021, 1.75 to 1.00, and (ii) for the fiscal quarter ending on or about December 31, 2003)2021 and for each fiscal quarter thereafter, 2.00 to 1.00. This ratio will be less than 1.85 to 1.0calculated at the end of each reporting period, using the results of the twelve-month period ending with that reporting period.

Fixed Charge Coverage Ratio. Permit At the Fixed Charge Coverage Ratio for any period end of four consecutive each fiscal quarters, in each case taken as one accounting period (quarter commencing with the fiscal quarter ending as of December March 31, 2003)2014, to be less than 1.85 a Fixed Charge Coverage Ratio of at least 1.50 to 1.0.; and

Fixed Charge Coverage Ratio. Permit As of the end of any fiscal quarter, permit the Fixed Charge Coverage Ratio for any the period of four (4) consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter quarters ending as of December 31, 2003)on such date, to be less than 1.85 or equal to 2.50 to 1.0.

Fixed Charge Coverage Ratio. Permit the The Fixed Charge Coverage Ratio for any period Ratio, as of four consecutive fiscal quarters, in the end of each case taken as one accounting period (commencing with the fiscal quarter of the Borrower for the twelve month period ending as on such date, shall be greater than or equal to: (i) On the last day of each fiscal quarter of the Borrower from the Closing Date to and including September 30, 1997, 2.0 to 1.0; and (ii) On December 31, 2003)1997 and on the last day of each fiscal quarter of the Borrower thereafter, to be less than 1.85 2.25 to 1.0.

Fixed Charge Coverage Ratio. Permit the The Fixed Charge Coverage Ratio for Ratio, as of the last day of any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing quarter beginning with the fiscal quarter ending as of December 31, 2003)1998, to shall not be less than 1.85 1.5 to 1.0.

Fixed Charge Coverage Ratio. Permit the Fixed Charge Coverage Ratio for any period of four consecutive fiscal quartersExcept as otherwise set forth in this Section 6.15(b), in each case taken as one accounting period (commencing with the fiscal quarter ending as on or about December 28, 2002 and at the end of December 31each fiscal quarter thereafter, 2003), to the Fixed Charge Coverage Ratio shall not be less than 1.85 to 1.01.75:1.

Fixed Charge Coverage Ratio. Permit the Maintain a Fixed Charge Coverage Ratio as of the end of each Fiscal Quarter for any period of four consecutive fiscal quartersthe Test Period then ended, in each case taken as one accounting period (commencing beginning with the fiscal quarter Fiscal Quarter ending as of December March 31, 2003), to be 2015 of not less than 1.85 (i) 1.25 to 1.01 prior to the payment of any dividend and (ii) 1.0 to 1 after giving effect to any dividends.

Fixed Charge Coverage Ratio. Permit the Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing Commencing with the fiscal quarter ending as September 30, 2008, have a Fixed Charge Coverage Ratio, measured on a fiscal quarter-end basis for the period of December 31four fiscal quarters then ending, 2003), to be of less than 1.85 to 1.0.the required amount set forth in the following table for any fiscal quarter ending during the applicable period set forth opposite thereto:

Fixed Charge Coverage Ratio. Permit the The Fixed Charge Coverage Ratio for any period of four consecutive fiscal quartersRatio, in each case taken as one accounting period (commencing with the fiscal quarter ending calculated as of December 31the last day of each fiscal quarter, 2003), shall be greater than or equal to be less than 1.85 (i) 1.20 to 1.01.00 from the Closing Date through and including the Second Quarter of 2013 and (ii) 1.30 to 1.00 from the Third Quarter of 2013 and thereafter.

Fixed Charge Coverage Ratio. Permit the The Fixed Charge Coverage Ratio Ratio, calculated for any period of four consecutive fiscal quarters, in each case taken as one accounting period the Fiscal Quarter (commencing with or Fiscal Month) just ended and the fiscal quarter ending as of December 31, 2003immediately preceding three Fiscal Quarters (or 11 Fiscal Months), will be equal to be less or greater than 1.85 1.4 to 1.0.

Fixed Charge Coverage Ratio. Permit the Maintain as of each fiscal quarter end, commencing on June 30, 2001, a Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31, 2003), to be not less than 1.85 to 1.01.00:1.00.

Fixed Charge Coverage Ratio. Permit the Maintain at all such times a Fixed Charge Coverage Ratio of not less than (i) .75 to 1.00 for any period of four consecutive the fiscal quartersquarter ending Xxxxx 00, in each case taken as one accounting period 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, 2001 and (iv) commencing with the fiscal quarter ending as of December 31, 2003)2001, 1.00 to 1.00, to be less than 1.85 to 1.0tested on a rolling four quarter basis at the end of each fiscal quarter.

Fixed Charge Coverage Ratio. Permit As of the end of each Fiscal Quarter ending after the Closing Date, commencing with the Fiscal Quarter ending December 31, 2013, the Fixed Charge Coverage Ratio for any period of the trailing four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter Fiscal Quarters then ending as of December 31, 2003), shall equal or exceed 1.25 to be less than 1.85 to 1.01.00.

Fixed Charge Coverage Ratio. Permit the Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as one accounting period Fiscal Quarters ending after the Effective Date and (commencing with i) (A) prior to the fiscal quarter ending as last day of December 31, 2003)the third Fiscal Quarter of Fiscal Year 1999 or (B) after the last day of Fiscal Year 1999, to be less than 1.85 1.1 to 1.01.0 or (ii) on the last day of the third Fiscal Quarter of Fiscal Year 1999 to be less than .6 to 1 (iii) or on the last day of Fiscal Year 1999, to be less than .5 to 1.

Fixed Charge Coverage Ratio. Permit As of the end of each Fiscal Quarter, commencing with the Fiscal Quarter ending September 30, 2020, the Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31, 2003), to shall not be less than 1.85 1.20 to 1.01.00. The Fixed Charge Coverage Ratio shall be measured quarterly on a rolling four quarter basis.

Fixed Charge Coverage Ratio. Permit the The Fixed Charge Coverage Ratio for any period Ratio, as of four consecutive the last day of each fiscal quartersquarter of the Credit Parties, in each case taken as one accounting period (commencing beginning with the fiscal quarter ending as of December 31, 2003)2008, shall be greater than or equal to be less than 1.85 (i) 1.00 to 1.01.00 for the fiscal quarter ending December 31, 2008, and (ii) 1.25 to 1.00 for the fiscal quarter ending March 31, 2009, and each fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Permit Maintain as of the end of each of Borrower's fiscal quarters, a Fixed Charge Coverage Ratio equal to or greater than 1.75 to 1 for any period each of four consecutive Borrower's fiscal quartersquarters ending March 31, in each case taken as one accounting period (commencing with the fiscal quarter ending as of 2001 through December 31, 2003)2001 and 1.5 to 1 for each of Borrower's fiscal quarters ending March 31, to be less than 1.85 to 1.02002 and thereafter.

Fixed Charge Coverage Ratio. Permit the Commencing on June 30, 2015, cause to be maintained, a Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters, in not less than 1.10 to 1.00 as of the last day of each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31, 2003), to be less than 1.85 to 1.0for the four (4) fiscal quarter period then ending.

Fixed Charge Coverage Ratio. Permit the The Fixed Charge Coverage Ratio for any period of four over the most recent eight consecutive fiscal quartersFiscal Quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending measured as of December 31the last day of each Fiscal Quarter, 2003), to be (a) of not less than 1.85 1.25 to 1.01.00 during the period through September 26, 2009; and (b) of not less than 1.50 to 1.00 for each Fiscal Quarter thereafter.

Fixed Charge Coverage Ratio. Permit At any time permit the Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31, 2003), quarters to be less than 1.85 1.20 to 1.01.00 for the four fiscal quarters ended on March 31, 2000 and for the four fiscal quarters ended on the last day of any fiscal quarter occurring thereafter.

Fixed Charge Coverage Ratio. Permit As of the end of each fiscal quarter for the four fiscal quarters then ended, the Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31, 2003), to shall not be less than 1.85 to 1.01.50:1.00.

Fixed Charge Coverage Ratio. Permit the Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing Commencing with the fiscal quarter ending July 31, 2012, cause to be maintained as of December the end of each fiscal quarter, a Fixed Charge Coverage Ratio of not less than (i) .70 to 1.00 for the quarter ending July 31, 2003)2012 and (ii) 1.10 to 1.0 for each quarter end thereafter, to be less than 1.85 to 1.0in each case measured on a rolling four (4) quarter basis.

Fixed Charge Coverage Ratio. Permit the Maintain quarterly a Fixed Charge Coverage Ratio for any period of four consecutive fiscal quartersnot less than 1.25 to 1.00, in each case taken measured as one accounting period (follows: commencing with the fiscal quarter ending June 30, 2005, as of December 31, 2003), to be less than 1.85 to 1.0each fiscal quarter on a trailing four quarter basis.

Fixed Charge Coverage Ratio. Permit Commencing with the Fiscal Quarter ending June 26, 2015, maintain at all times a Fixed Charge Coverage Ratio Ratio, on a consolidated basis, equal to or greater than the following ratios for any period the following periods, reported at the end of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31, 2003), Fiscal Quarter: 6/26/15 through and including 9/30/15 > 0.45 to be less than 1.85 1.00 10/01/15 through and including 1/01/16 > 0.75 to 1.0.1.00 1/02/16 through and including 4/01/16 > 1.00 to 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. Permit the Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing Commencing with the fiscal quarter ending June 30, 1999 and at all times thereafter, maintain a Fixed Charge Coverage Ratio of not less than 1.20 to 1.00, tested as of December 31, 2003), to be less than 1.85 to 1.0the last day of each of the Borrower's fiscal quarters for the four (4) quarter period ending on that date.

Fixed Charge Coverage Ratio. Permit the Fixed Charge Coverage Ratio for at the end of any period of four consecutive fiscal quartersquarter, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31September 30, 2003)2010, to be less than 1.85 to 1.01.25:1.00.

Fixed Charge Coverage Ratio. Permit the Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing Commencing with the fiscal quarter ending June 30, 2006 and as of December 31the end of each fiscal quarter thereafter, 2003), cause to be maintained, a Fixed Charge Coverage Ratio of not less than 1.85 1.1 to 1.0.

Fixed Charge Coverage Ratio. Permit Commencing with the Fiscal Quarter ending December 31, 2014, maintain at all times a Fixed Charge Coverage Ratio Ratio, on a consolidated basis, equal to or greater than the following ratios for any period the following periods, reported at the end of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31, 2003), Fiscal Quarter” 12/26/2014 through and including 3/26/15 > 1.00 to be less than 1.85 1.00 3/27/2015 through and including 6/25/2015 > 1.15 to 1.0.1.00 6/26/2015 and thereafter > 1.25 to 1.00

Fixed Charge Coverage Ratio. Permit the The Fixed Charge Coverage Ratio Ratio, as of the last day of each fiscal quarter of the Borrower, shall be greater than or equal to: (i) for any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending as of in the period from the Closing Date to and including December 31, 2003)2000, 1.00 to be less than 1.85 1.00; (ii) for any fiscal quarter ending in the period from January 1, 2001 to 1.0and 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 1.00.

Fixed Charge Coverage Ratio. Permit the The Fixed Charge Coverage Ratio shall be greater than or equal to 1.0 to 1, determined as of the end of any Fiscal Quarter for any period of the four consecutive fiscal quartersmost recently ended Fiscal Quarters, in each case taken as one accounting period (commencing beginning with the fiscal quarter ending as of December 31Fiscal Quarter beginning on January 1, 2003), to be less than 1.85 to 1.02021.

Fixed Charge Coverage Ratio. Permit the Maintain a Fixed Charge Coverage Ratio for of at least 1.0 to 1.0. as of the end of any period of four consecutive fiscal quarters, in each case taken as one accounting period (Fiscal Quarter commencing with the fiscal quarter Fiscal Quarter ending as of December March 31, 2003), to be less than 1.85 to 1.02010.

Fixed Charge Coverage Ratio. Permit the Have a Fixed Charge Coverage Ratio Ratio, measured on a quarter-end basis, of at least (i) 1.20:1.00 for any the 12 month period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31the end of each fiscal quarter if Borrowers’ Average Availability during such fiscal quarter was greater than 12% of the Maximum Revolver Amount, 2003), to be 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 1.85 or equal to 1.012% of the Maximum Revolver Amount.”

Fixed Charge Coverage Ratio. Permit the Fixed Charge Coverage Ratio as of the end of each Fiscal Quarter for any the period of four consecutive fiscal quarters(4) Fiscal Quarters then ended, in each case taken as one accounting period (commencing with the fiscal quarter first Fiscal Quarter ending as of on December 31, 2003)2018 and for each Fiscal Quarter thereafter, to be less than 1.85 to 1.01.20:1.00.

Fixed Charge Coverage Ratio. Permit Beginning with Computation Period relating to the Fiscal Quarter ending on March 31, 2008 and thereafter for each Computation Period relating to each Fiscal Quarter ending thereafter, not permit the Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending calculated as of December 31, 2003), the last day of each Fiscal Quarter) to be less than 1.85 to 1.01.00:1.00.

Fixed Charge Coverage Ratio. Permit Commencing with the fiscal quarter ending July 31, 2010, 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 any period shall be measured from the first day of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending as year commencing May 1, 2010 to the end of December 31, 2003), to be less than 1.85 to 1.0such quarter.

Fixed Charge Coverage Ratio. Permit Commencing with the fiscal month ending November 4, 2023 and as of the end of each fiscal month thereafter have a Fixed Charge Coverage Ratio Ratio, measured on a fiscal month-end basis for any period of four the immediately preceding twelve (12) consecutive fiscal quartersmonths, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31, 2003), to be not less than 1.85 1.00 to 1.01.00.”

Fixed Charge Coverage Ratio. Permit the Cause to be maintained a Fixed Charge Coverage Ratio Ratio, measured as of the end of each fiscal quarter for the trailing twelve (12) fiscal month period, (i) of not less than 1.10 to 1.0 for any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending as in 2011 and (ii) of December 31, 2003), to be not less than 1.85 1.20 to 1.01.0 for any fiscal quarter ending thereafter.

Fixed Charge Coverage Ratio. Permit the Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31, 2003), to be less than 1.85 (a) 1.50 to 1.01.00 at the 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 from and including the first day of the first fiscal quarter of fiscal year 2010 through and including the second fiscal quarter of fiscal year 2010, and (c) 2.25 to 1.00 at the end of any fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Permit the The Fixed Charge Coverage Ratio for any period Ratio, as of four consecutive fiscal quarters, in the last day of each case taken as one accounting period (commencing with the fiscal quarter of the Consolidated Parties, shall be (i) for fiscal quarters ending as of on or before December 31, 2003), greater than or equal to be less 1.35 to 1.0; (ii) for fiscal quarters ending on or before December 31, 2004, greater than 1.85 or equal to 1.45 to 1.0 and (iii) for fiscal quarters ending thereafter, greater than or equal to 1.55 to 1.0.

Fixed Charge Coverage Ratio. Permit the The Fixed Charge Coverage Ratio for any period of four consecutive fiscal quartersRatio, in each case taken as one accounting period (commencing with the fiscal quarter ending calculated as of December 31the last day of each fiscal quarter, 2003), shall be greater than or equal to be less than 1.85 (i) 1.25 to 1.01.00 from the Second Amendment Effective Date through and including the Fourth Quarter of 2015 and (ii) 1.30 to 1.00 from the First Quarter of 2016 and thereafter.

Fixed Charge Coverage Ratio. Permit the The Fixed Charge Coverage Ratio for any period of four consecutive fiscal quartersRatio, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31--------------------------- the end of each fiscal quarter, 2003)shall be greater than or equal to: (i) From the Effective Date to and including November 29, 1999, 1.10 to be less than 1.85 1.0; and (ii) From November 30, 1999 and thereafter, 1.25 to 1.0.

Fixed Charge Coverage Ratio. Permit the Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31, 2003), to be less than 1.85 1.10 to 1.01.00, 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 fiscal quarter period then most recently ended.

Fixed Charge Coverage Ratio. Permit the The Fixed Charge Coverage Ratio for any period Ratio, as of four consecutive fiscal quarters, in the last day of each case taken as one accounting period (commencing with the fiscal quarter ending as of the Borrower occurring during the periods indicated below, shall be greater than or equal to the following: Fiscal Quarter Ending Required Ratio September 30, 2005 through December 31, 2003), 2007 1.10 to be less than 1.85 1.00 Thereafter 1.25 to 1.0.1.00

Fixed Charge Coverage Ratio. Permit the Maintain a Fixed Charge Coverage Ratio of not less than 1.0 to 1.0, calculated on a quarterly basis at the end of each Fiscal Quarter for any period of four consecutive fiscal quartersthe immediately preceding 4 Fiscal Quarters, in each case taken as one accounting period (commencing with the fiscal quarter Fiscal Quarter ending as of December 31on September 8, 2003), 2001. f. By adding the following new Section 10.1.13 to be less than 1.85 to 1.0.the Loan Agreement immediately following Section 10.1.12:

Fixed Charge Coverage Ratio. Permit the Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing Commencing with the fiscal quarter ending June 30, 2023, and each fiscal quarter thereafter, the Borrower will maintain, on a consolidated basis, calculated as of December 31the last day of each fiscal quarter, 2003), to be a Fixed Charge Coverage Ratio of not less than 1.85 to 1.01.20 : 1.00, measured on a trailing twelve-month basis.

Fixed Charge Coverage Ratio. Permit the Have a Fixed Charge Coverage Ratio Ratio, measured on a quarter-end basis, of at least (i) 1.20:1.00 for any the 12 month period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31the end of each fiscal quarter if Borrowers’ Average Availability during such fiscal quarter was greater than $15,000,000, 2003), to be 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 1.85 or equal to 1.0$15,000,000.

Fixed Charge Coverage Ratio. Permit the Have a Fixed Charge Coverage Ratio for any period of four consecutive fiscal quartersRatio, in each case taken as one accounting period measured on a quarter-end basis (commencing beginning with the fiscal quarter ending as of December 31September 30, 20032018), of at least 1.50 to be less than 1.85 to 1.01.00 for the four fiscal quarter period then ending.

Fixed Charge Coverage Ratio. Permit Maintain, on a Consolidated basis, (i) as of the end of its fiscal quarter ending June 28, 2003, for the twelve-month period ending on such date, a Fixed Charge Coverage Ratio for any period of four consecutive fiscal quartersnot less than 0.75 to 1.00, in and (ii) as of the end of each case taken as one accounting period (commencing with the fiscal quarter thereafter, for the twelve-month period ending as on such date, a Fixed Charge Coverage Ratio of December 31, 2003), to be not less than 1.85 1.10 to 1.01.00.

Fixed Charge Coverage Ratio. Permit the The Fixed Charge Coverage Ratio for any period Ratio, as of four consecutive the end of each fiscal quartersquarter, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December May 31, 2003)2007, shall be greater than or equal to be less than 1.85 2.0 to 1.0.

Fixed Charge Coverage Ratio. Permit the Maintain a Fixed Charge Coverage Ratio of not less than: (i) 90 to 1.0 for any period of the four consecutive fiscal quartersquarter periods ending on September 30, in each case taken as one accounting period 1997; (commencing with ii) 1.0 to 1.0 for the four consecutive fiscal quarter periods ending as of on December 31, 2003)1997; (iii) 1.0 to 1.0 for the four consecutive fiscal quarter periods ending on March 31, 1998; and (iv) 1.50 to be less than 1.85 to 1.01.0 for each four consecutive fiscal quarter periods ending thereafter.

Fixed Charge Coverage Ratio. Permit At all times during the term hereof the Fixed Charge Coverage Ratio shall not be less than the following: 1.0:1. 0 for any the period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing beginning with the fiscal quarter ending as of on September 30, 2003 and the fiscal quarter ending December 31, 2003)2004; 0.8:1. 0 for the fiscal quarters ending March 31, to be less than 1.85 to 1.02005, June 30, 2005 and September 30, 2005; 0.9:1 0 for the fiscal quarter ending December 31, 2005; and 1.0:1. 0 for each fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Permit As of December 31, 2001, and as of the last day of each Fiscal Quarter thereafter, for 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 any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31, 2003), greater than or equal to be less than 1.85 1.25 to 1.01.00.

Fixed Charge Coverage Ratio. Permit the Maintain a Fixed Charge Coverage Ratio Ratio, to be measured as of the end of each quarter for any the periods described below, of not less than: (i) 1.25 to 1.0 for the three consecutive fiscal quarter period of ending March 31, 2000; and (ii) 1.25 to 1.0 for the four consecutive fiscal quartersquarter period ending on June 30, in each case taken as one accounting period (commencing with 2000, and for the four consecutive fiscal quarter period ending as of December 31, 2003), to be less than 1.85 to 1.0on each fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Permit 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 equal to or greater than 1.25 to 1. Have at the end of each other fiscal quarter within the Original Term, a Fixed Charge Coverage Ratio for any period of four the twelve consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31, 2003), months then ended equal to be less or greater than 1.85 1.25 to 1.01.

Fixed Charge Coverage Ratio. Permit Commencing with Company’s fiscal quarter ended September 2015 and for each fiscal quarter thereafter, permit the Fixed Charge Coverage Ratio for any period as of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the last day of the fiscal quarter ending as of December 31, 2003)then ended, to be less than 1.85 1.25 to 1.0.

Fixed Charge Coverage Ratio. Permit (1) For the fiscal quarters ending August 31, 2003, and November 30, 2003, a Fixed Charge Coverage Ratio of not less than 1.10:1.0, measured on a fiscal quarter-end basis, (2) for any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending as February 29, 2004, a Fixed Charge Coverage Ratio of December not less than 1.20:1.0, measured on a fiscal quarter-end basis, and (3) for the fiscal quarter ending May 31, 2003)2004, to be and for each fiscal quarter ending thereafter, a Fixed Charge Coverage Ratio of not less than 1.85 to 1.0.1.25:1.0;

Fixed Charge Coverage Ratio. Permit the Maintain a Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters, in at least 1.15 to 1.00 at the end of each case taken as one accounting period (Fiscal Quarter commencing with the fiscal quarter Fiscal Quarter ending as of December 31September 30, 2003), to be less than 1.85 to 1.02010.

Fixed Charge Coverage Ratio. Permit With respect to any period of four consecutive fiscal quarters ending on or prior to March 31, 2007, permit the Fixed Charge Coverage Ratio for any such period to be less than 1.30 to 1.00 and with respect to each period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending as last day of December which occurs after March 31, 2003)2007, permit the Fixed Charge Coverage Ratio for any such period to be less than 1.85 1.40 to 1.01.00.

Fixed Charge Coverage Ratio. Permit Commencing with the Fiscal Quarter ending September 30, 2017, maintain a Fixed Charge Coverage Ratio for any period of four consecutive fiscal quartersat least 1.0:1.0, in each case taken as one accounting period (commencing with the fiscal quarter ending determined as of December 31, 2003), to be less than 1.85 to 1.0the last day of each Fiscal Quarter for the trailing four quarter period then ended.

Fixed Charge Coverage Ratio. Permit the At each fiscal quarter end occurring on and after September 30, 1997, have a Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31, 2003), greater than or equal to be less than 1.85 to 1.01.00:1.00.

Fixed Charge Coverage Ratio. Permit the The Company and its Subsidiaries shall maintain at all times a Fixed Charge Coverage Ratio Ratio, calculated on a trailing four quarters basis, of not less than: .935 to 1.0 for any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending as of September 30, 2001, 1.02 to 1.0 for the fiscal quarter ending December 31, 2003), 2001 and 1.0625 to be less than 1.85 to 1.01.0 for all fiscal quarters thereafter.

Fixed Charge Coverage Ratio. Permit the Fixed Charge Coverage Ratio for at any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31, 2003), time to be less than 1.85 to 1.01.10:1.00 for the four consecutive fiscal quarters ending on January 31, April 30, July 31 and October 31 of each year commencing with January 31, 1996.

Fixed Charge Coverage Ratio. Permit Commencing with the fiscal --------------------------- quarter ending June 30, 2005, maintain a Fixed Charge Coverage Ratio for any period at the end of each fiscal quarter, with respect to the four consecutive fiscal quartersquarters then ended, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31, 2003), to be not less than 1.85 1.20 to 1.01.00.

Fixed Charge Coverage Ratio. Permit the Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing x) Commencing with the fiscal quarter ending January 1, 2011, and for each fiscal quarter thereafter up to and including the fiscal quarter ending on or about September 30, 2011, cause to be maintained as of the end of each such fiscal quarter, a Fixed Charge Coverage Ratio 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, 2003)2011, to be for the four fiscal quarter period then ended, a Fixed Charge Coverage Ratio of not less than 1.85 1.0 to 1.01.0 for each such four fiscal quarter period.

Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31, 2003), quarters to be less than 1.85 (a) 1.20 to 1.01.00 for the four 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 occurring from and after June 30, 1999. With respect to months that end on or before January 31, 1999, the relevant components of the forgoing ratio shall be calculated on a pro forma basis.

Fixed Charge Coverage Ratio. Permit the Maintain its Fixed Charge Coverage Ratio for any period at not less than (a) 1.10 to 1.00 as of four consecutive fiscal quartersMarch 31, in 2004 and June 30, 2004, and (b) 1.20 to 1.00 as of September 30, 2004 and at each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31, 2003), to be less than 1.85 to 1.0end thereafter.

Fixed Charge Coverage Ratio. Permit Maintain as of the end of each fiscal quarter a Fixed Charge Coverage Ratio for any the 12-month period ending at the end of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal that quarter ending as of December not less than 1.10 to 1 at March 31, 2003), to be 2006 and of not less than 1.85 1.20 to 1.01 at all times thereafter.

Fixed Charge Coverage Ratio. Permit As of the end of each fiscal quarter, there shall be maintained a Fixed Charge Coverage Ratio for any period of four consecutive at least: For fiscal quartersquarters ending prior to May 31, in each case taken as one accounting period (commencing with 1996 1.5:1.0 From the fiscal quarter ending as of December May 31, 2003)1996 through the fiscal quarter ending February 28, to be less than 1.85 to 1.0.1998 1.25:1.0 For fiscal quarters ending after February 28, 1998 1.5:1.0

Fixed Charge Coverage Ratio. Permit the Borrower's Fixed Charge Coverage Ratio for any period Ratio, measured on a rolling four (4) Fiscal Quar ters' basis as of four consecutive fiscal quartersthe end of each Fiscal Quarter, in each case taken as one accounting period (commencing with the fiscal quarter ending as of Fiscal Quarter ended closest to December 31, 2003)1996, to shall be not less than 1.85 to 1.02:1.

Fixed Charge Coverage Ratio. Permit the Maintain a Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters, in at each case taken as one accounting period (commencing with the fiscal quarter end of not less than 1.05:1.00 for (i) the two fiscal quarters ending as of December 31June 30, 2003), to be less than 1.85 to 1.0(ii) the three fiscal quarters ending September 30, 2003, and (iii) thereafter, the four fiscal quarters then ended.

Fixed Charge Coverage Ratio. Permit the The Fixed Charge Coverage Ratio for any period Ratio, as of four consecutive the last day of each fiscal quarters, in each case taken as one accounting period (quarter of the Consolidated Parties commencing with the fiscal quarter ending as of on December 31, 2003)2001, shall be greater than or equal to be less than 1.85 1.5 to 1.0.

Fixed Charge Coverage Ratio. Permit Beginning with the fiscal quarter ending September 30, 2012, and at all times thereafter, the Fixed Charge Coverage 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 any the four fiscal-quarter period of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31, 2003), to be less than 1.85 to 1.0the last day of each fiscal quarter of Borrower.

Fixed Charge Coverage Ratio. Permit the Guarantor and its Subsidiaries will maintain a Fixed Charge Coverage Ratio of not less than (a) 1.50 to 1.00 for any period the fiscal quarter ending as of four consecutive fiscal quartersSeptember 30, in each case taken as one accounting period 2004 and (commencing with b) 1.40 to 1.00 for the fiscal quarter ending as of December 31, 2003), to be less than 1.85 to 1.02004.

Fixed Charge Coverage Ratio. Permit the Maintain at all times a Fixed Charge Coverage Ratio for any period of four consecutive not less than 1.05 to 1.0 as of the end of each fiscal quartersquarter, in each case taken as one accounting period (calculated on a rolling four-quarter basis commencing with the fiscal four-quarter period ending as of December 31September 30, 2003), to be less than 1.85 to 1.01999.

Fixed Charge Coverage Ratio. Permit the Have a Fixed Charge Coverage Ratio for any period Ratio, measured on a trailing four fiscal quarter basis, as of four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the end of the fiscal quarter ending ended immediately preceding the Commencement Date and as of December 31the end of each fiscal quarter ended during such Financial Covenant Period, 2003)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, to be less than 1.85 to 1.0.2011 and for each 12 month period ended as of the end of each fiscal quarter thereafter

Fixed Charge Coverage Ratio. Permit the The Fixed Charge Coverage Ratio for any period of four consecutive fiscal quartersRatio, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31the --------------------------- end of each fiscal quarter, 2003)shall be greater than or equal to: (i) From the Effective Date to and including November 29, 1999, 1.10 to be less than 1.85 1.0; and (ii) From November 30, 1999 and thereafter, 1.25 to 1.0.

Fixed Charge Coverage Ratio. Permit Cause to be maintained as of the Fixed Charge Coverage Ratio for any period end of four consecutive each fiscal quartersquarter, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31June 30, 2003)2000, on a rolling twelve (12) month basis, a Fixed Charge Ratio equal to be less or greater than 1.85 1.05 to 1.0.

Fixed Charge Coverage Ratio. Permit Cause to be maintained as of the end of each fiscal quarter, beginning on September 30, 2010, a Fixed Charge Coverage Ratio of not less than 1.15 to 1.0. The Fixed Charge Coverage Ratio is calculated as of the last day of each fiscal quarter for any the period of equal to the four consecutive fiscal quarters, in each case taken as one accounting period (commencing with the fiscal quarter ending as of December 31, 2003), to be less than 1.85 to 1.0quarters then ending.