Common use of Funded Debt to EBITDA Clause in Contracts

Funded Debt to EBITDA. The Borrower will not permit the ratio of Funded Debt to EBITDA of the Borrower as of the end of any fiscal quarter of the Borrower (on a consolidated basis calculated quarterly based upon the four most recently completed quarters) to be more than 3.50 to 1.00. For the purposes of calculating the ratio of Borrower’s Funded Debt to EBITDA, (i) the EBITDA and Funded Debt attributable to the Unrestricted Entities (except for cash distributions from Anthem Securities, Inc. paid to Borrower or Guarantors) shall be excluded, and (ii) Funded Debt shall not include: (a) “asset retirement obligations,” as such term is used in FASB Statement 143, to the extent such asset retirement obligations relate to the plugging and abandonment of xxxxx; or (b) liabilities under Hedging Agreements.

Funded Debt to EBITDA. The Borrower will not permit the ratio of Funded Debt to EBITDA of the Borrower as of the end of any fiscal quarter of the Borrower (on a consolidated basis calculated quarterly based upon the four most recently completed quarters) to be more than 3.50 to 1.00. For the purposes of calculating the ratio of Borrower’s Funded Debt to EBITDA, (i) the EBITDA and Funded Debt attributable to the Unrestricted Entities (except for cash distributions from Anthem Securities, Inc. paid to Borrower or Guarantors) shall be excluded, and (ii) Funded Debt shall not include: (a) “asset retirement obligations,” as such term is used in FASB Statement 143, to the extent such asset retirement obligations relate to the plugging and abandonment of xxxxxwxxxx; or (b) liabilities under Hedging Agreements.

Funded Debt to EBITDA. The Borrower will not permit the ratio of Funded Debt to EBITDA of the Borrower as of the end of any fiscal quarter of the Borrower (on a consolidated basis calculated quarterly based upon the four most recently completed quarters) to be more than 3.50 to 1.00. For the purposes of calculating the ratio of Borrower’s Funded Debt to EBITDA, (i) the EBITDA and Funded Debt attributable to the Unrestricted Entities (except for cash distributions from Anthem Securities, Inc. APL or APH paid to Borrower or Guarantors) shall be excluded, and (ii) Funded Debt shall not include: (a) “asset retirement obligations,” as such term is used in FASB Statement 143, to the extent such asset retirement obligations relate to the plugging and abandonment of xxxxx; or (b) liabilities under Hedging Agreements; or (c) debt of Borrower to RAI under the Transition Services Agreement and the Tax Matters Agreement.