Common use of Funded Debt and Capitalization Clause in Contracts

Funded Debt and Capitalization. The Total Revolving Loan Commitment minus the aggregate principal amount of the Revolving Loans outstanding on the Closing Date minus the amount of any L/C Obligations then outstanding including any Letters of Credit to be issued on the Closing Date shall equal at least $25,000,000. The assets and liabilities of the Borrower and its consolidated Subsidiaries shall be materially consistent with the projections dated April 27, 2004 and previously delivered by the Borrower to the Agent. CKE SIXTH AMENDED AND RESTATED CREDIT AGREEMENT

Funded Debt and Capitalization. The Total Revolving Loan Commitment minus the aggregate principal amount of the Revolving Loans outstanding on the Closing Date minus the amount of any L/C Obligations then outstanding including any Letters of Credit to be issued on the Closing Date shall equal at least $25,000,000. The Leverage Ratio for the four fiscal quarters ended immediately prior to the Closing Date shall not exceed 4.1 to 1. The assets and liabilities of the Borrower and its consolidated Subsidiaries shall be materially consistent with the projections dated April 27September 26, 2004 2003 and previously delivered by the Borrower to the Agent. CKE SIXTH AMENDED AND RESTATED CREDIT AGREEMENT.

Funded Debt and Capitalization. The Total Revolving Loan ------------------------------ Commitment minus the aggregate principal amount of the Revolving Loans ----- outstanding on the Closing Date minus the amount of any L/C Obligations then ----- outstanding including any Letters of Credit to be issued on the Closing Date shall equal at least $25,000,000. The Leverage Ratio for the four fiscal quarters ended immediately prior to the Closing Date shall not exceed 4.5 to 1. The assets and liabilities of the Borrower and its consolidated Subsidiaries shall be materially consistent with the projections dated April 27October 1, 2004 2001 and previously delivered by the Borrower to the Agent. CKE SIXTH AMENDED AND RESTATED CREDIT AGREEMENT.

Funded Debt and Capitalization. The Total Revolving Loan Commitment minus the aggregate principal amount of the Revolving Loans outstanding on the Closing Date minus the amount of any L/C Obligations then outstanding including any Letters of Credit to be issued on the Closing Date shall equal at least $25,000,000. The assets and liabilities of the Borrower and its consolidated Subsidiaries shall be materially consistent with the projections dated April 27March 1, 2004 2007 and previously delivered by the Borrower to the Administrative Agent. CKE SIXTH AMENDED AND RESTATED CREDIT AGREEMENT.