Common use of Fixed Charge Coverage Shortfall Clause in Contracts

Fixed Charge Coverage Shortfall. The amount by which (i) the aggregate Fixed Charges of ARC and its Subsidiaries for each fiscal period set forth below, exceeds (ii) the total of (A) consolidated EBITDA of ARC and its Subsidiaries for such period (determined on a consolidated basis without duplication in accordance with GAAP) minus (B) the aggregate amount of all Non-Financed Capital Expenditures during such period minus (C) the aggregate amount paid, or required to be paid (without duplication), in cash in respect of the current portion of all income taxes for such period minus (D) the aggregate amount of dividends and distributions permitted to be paid under Section 8.6 and actually paid in cash during such period, shall not be greater than the maximum shortfall amount set opposite such fiscal period: Fiscal Period Maximum Shortfall Amount January 1 through March 31, 2003 $ 1,000,000 January 1 through June 30, 2003 $ 1,400,000

Fixed Charge Coverage Shortfall. The amount by which (ia) the aggregate Fixed Charges of ARC the Company and its Subsidiaries subsidiaries for each fiscal period set forth below, exceeds (iib) the total of (Aw) consolidated EBITDA of ARC the Company and its Subsidiaries for such period (determined on a consolidated basis without duplication in accordance with GAAP) minus (Bx) the aggregate amount of all Non-Financed Capital Expenditures during such period minus (Cy) the aggregate amount paid, or required to be paid (without duplication), in cash in respect of the current portion of all income taxes for such period minus (Dz) the aggregate amount of dividends and distributions permitted to be paid under Section 8.6 of the Credit Agreement and actually paid in cash during such period, shall not be greater than the maximum shortfall amount set opposite such fiscal period: Fiscal Period Maximum Shortfall Amount January 1 through March 31, 2003 $ 1,000,000 1,050,000 January 1 through June 30, 2003 $ 1,400,0001,470,000

Fixed Charge Coverage Shortfall. The amount by which (i) the aggregate Fixed Charges of ARC the Company and its Subsidiaries subsidiaries, for each fiscal period set forth below, exceeds (ii) the total of (Aw) the consolidated EBITDA of ARC the Company and its Subsidiaries subsidiaries, for each such period (determined on a consolidated basis without duplication in accordance with GAAP) minus (Bx) the aggregate amount of all Non-Financed Capital Expenditures during such period minus (Cy) the aggregate amount paid, or required to be paid (without duplication), in cash in respect of the current portion of all income taxes for such period minus (Dz) the aggregate amount of dividends and distributions permitted to be paid under Section 8.6 of the Credit Agreement and actually paid in cash during such period, period shall not be greater than the maximum shortfall amount set opposite such fiscal period: Fiscal Period Maximum Shortfall Amount January July 1 through March July 31, 2003 2002 $ 1,000,000 January 262,500 July 1 through June August 31, 2002 $ 157,500 July 1 through September 30, 2003 2002 $ 1,400,000262,500 "

Fixed Charge Coverage Shortfall. The amount by which (i) the aggregate Fixed Charges of ARC the Company and its Subsidiaries for each fiscal period set forth below, exceeds (ii) the total of (Aw) consolidated EBITDA of ARC the Company and its Subsidiaries for such period (determined on a consolidated basis without duplication in accordance with GAAP) minus (Bx) the aggregate amount of all Non-Financed Capital Expenditures during such period minus (Cy) the aggregate amount paid, or required to be paid (without duplication), in cash in respect of the current portion of all income taxes for such period minus (Dz) the aggregate amount of dividends and distributions permitted to be paid under Section 8.6 of the Credit Agreement and actually paid in cash during such period, shall not be greater than the maximum shortfall amount set forth opposite such fiscal period: Maximum Fiscal Period Maximum Shortfall Amount January 1 ------------- ---------------- October 1, 2003 through December 31, 2003 $1,050,000 October 1, 2003 through March 31, 2004 $1,851,000 October 1, 2003 $ 1,000,000 January 1 through June 30, 2003 $ 1,400,0002004 $1,917,000"

Fixed Charge Coverage Shortfall. The amount by which (ia) the aggregate Fixed Charges of ARC and its Subsidiaries for each fiscal period set forth below, exceeds (iib) the total of (Ai) consolidated EBITDA of ARC and its Subsidiaries for such period (determined on a consolidated basis without duplication in accordance with GAAP) minus (Bii) the aggregate amount of all Non-Financed Capital Expenditures during such period minus (Ciii) the aggregate amount paid, or required to be paid (without duplication), in cash in respect of the current portion of all income taxes for such period minus (Div) the aggregate amount of dividends and distributions permitted to be paid under Section 8.6 and actually paid in cash during such period, shall not be greater than the maximum shortfall amount set opposite such fiscal period: Fiscal Period Maximum Shortfall Amount January July 1 through March July 31, 2003 $ 1,000,000 January 2002 $250,000 July 1 through June August 31, 2002 $150,000 July 1 through September 30, 2003 $ 1,400,0002002 $250,000”

Fixed Charge Coverage Shortfall. The amount by which (i) the aggregate Fixed Charges of ARC the Company and its Subsidiaries for each fiscal period set forth below, exceeds (ii) the total of (Aw) consolidated EBITDA of ARC the Company and its Subsidiaries for such period (determined on a consolidated basis without duplication in accordance with GAAP) minus (Bx) the aggregate amount of all Non-Financed Capital Expenditures during such period minus (Cy) the aggregate amount paid, or required to be paid (without duplication), in cash in respect of the current portion of all income taxes for such period minus (Dz) the aggregate amount of dividends and distributions permitted to be paid under Section 8.6 of the Credit Agreement and actually paid in cash during such period, shall not be greater than the maximum shortfall amount set forth opposite such fiscal period: Fiscal Period Maximum Shortfall Amount January 1 October 1, 2003 through December 31, 2003 $ 1,050,000 October 1, 2003 through March 31, 2004 $ 1,851,000 October 1, 2003 $ 1,000,000 January 1 through June 30, 2003 2004 $ 1,400,0001,917,000”

Fixed Charge Coverage Shortfall. The amount by which (i) the aggregate Fixed Charges of ARC and its Subsidiaries for each fiscal period set forth below, exceeds (ii) the total of (A) consolidated EBITDA of ARC and its Subsidiaries for such period (determined on a consolidated basis without duplication in accordance with GAAP) minus (B) the aggregate amount of all Non-Financed Capital Expenditures during such period minus (C) the aggregate amount paid, or required to be paid (without duplication), in cash in respect of the current portion of all income taxes for such period minus (D) the aggregate amount of dividends and distributions permitted to be paid under Section 8.6 and actually paid in cash during such period, shall not be greater than the maximum shortfall amount set opposite such fiscal period: Fiscal Period Maximum Shortfall Amount January 1 July 1, 2003 through March September 30, 2003 $ 650,000 July 1, 2003 through December 31, 2003 $ 1,000,000 January 1 through June 30, 2003 $ 1,400,000950,000

Fixed Charge Coverage Shortfall. The amount by which (i) the aggregate Fixed Charges of ARC the Company and its Subsidiaries for each fiscal period set forth below, exceeds (ii) the total of (Aw) consolidated EBITDA of ARC the Company and its Subsidiaries for such period (determined on a consolidated basis without duplication in accordance with GAAP) minus (Bx) the aggregate amount of all Non-Financed Capital Expenditures during such period minus (Cy) the aggregate amount paid, or required to be paid (without duplication), in cash in respect of the current portion of all income taxes for such period minus (Dz) the aggregate amount of dividends and distributions permitted to be paid under Section 8.6 of the Credit Agreement and actually paid in cash during such period, shall not be greater than the maximum shortfall amount set forth opposite such fiscal period: Fiscal Period Maximum Shortfall Amount January 1 July 1, 2003 through March September 30, 2003 $ 700,000 July 1, 2003 through December 31, 2003 $ 1,000,000 January 1 through June 30, 2003 $ 1,400,0001,000,000”

Fixed Charge Coverage Shortfall. The amount by which (i) the aggregate Fixed Charges of ARC and its Subsidiaries for each fiscal period set forth below, exceeds (ii) the total of (A) consolidated EBITDA of ARC and its Subsidiaries for such period (determined on a consolidated basis without duplication in accordance with GAAP) minus (B) the aggregate amount of all Non-Financed Capital Expenditures during such period minus (C) the aggregate amount paid, or required to be paid (without duplication), in cash in respect of the current portion of all income taxes for such period minus (D) the aggregate amount of dividends and distributions permitted to be paid under Section 8.6 and actually paid in cash during such period, shall not be greater than the maximum shortfall amount set opposite such fiscal period: Fiscal Period Maximum Shortfall Amount January 1 October 1, 2003 through March December 31, 2003 $ 1,000,000 January 1 October 1, 2003 through March 31, 2004 $ 1,801,000 October 1, 2003 through June 30, 2003 2004 $ 1,400,0001,867,000

Fixed Charge Coverage Shortfall. The amount by which (ia) the aggregate Fixed Charges of ARC the Company and its Subsidiaries subsidiaries for each fiscal period set forth below, exceeds (iib) the total of (Aw) consolidated EBITDA of ARC the Company and its Subsidiaries for such period (determined on a consolidated basis without duplication in accordance with GAAP) minus (Bx) the aggregate amount of all Non-Financed Capital Expenditures during such period minus (Cy) the aggregate amount paid, or required to be paid (without duplication), in cash in respect of the current portion of all income taxes for such period minus (Dz) the aggregate amount of dividends and distributions permitted to be paid under Section 8.6 of the Credit Agreement and actually paid in cash during such period, shall not be greater than the maximum shortfall amount set opposite such fiscal period: Fiscal Period Maximum Shortfall ------------- Amount ----------------- January 1 through March 31, 2003 $ 1,000,000 $1,050,000 January 1 through June 30, 2003 $ 1,400,000$1,470,000