Common use of Maintenance of Consolidated Leverage Ratio Clause in Contracts

Maintenance of Consolidated Leverage Ratio. Permit, at the last day of any fiscal quarter ending during any test period set forth below, the Consolidated Leverage Ratio to be greater than the ratio set forth opposite such test period below: Test Period Ratio July 1, 2006 — September 30, 2006 7.25 to 1.00 October 1, 2006 — December 31, 2006 5.75 to 1.00 January 1, 2007 — June 29, 2007 5.50 to 1.00 June 30, 2007 — September 29, 2007 5.00 to 1.00 September 30, 2007 — December 30, 2007 5.25 to 1.00 December 31, 2007 — June 29, 2008 4.75 to 1.00 June 30, 2008 — March 30, 2009 3.00 to 1.00 March 31, 2009 and thereafter 2.50 to 1.00

Maintenance of Consolidated Leverage Ratio. Permit, at the last day of any fiscal quarter ending during any test period set forth below, the Consolidated Leverage Ratio to be greater than the ratio set forth opposite such test period below: Test Period Ratio July January 1, 2006 — September 30, 2006 7.25 to 1.00 October 1, 2006 — 2004 – December 31, 2006 5.75 2004 3.50 to 1.00 January 1, 2007 — June 292005 – December 30, 2007 5.50 2005 4:00 to 1:00 December 31, 2005 – March 30, 2006 3.75 to 1.00 June March 31, 2006 – December 30, 2007 — September 292006 3.25 to 1:00 December 31, 2007 5.00 to 1.00 September 30, 2007 — 2006 – December 30, 2007 5.25 3.00 to 1.00 December 31, 2007 — June 29, 2008 4.75 to 1.00 June – December 30, 2008 — March 30, 2009 3.00 2.75 to 1.00 March December 31, 2009 2008 and thereafter 2.50 to 1.00

Maintenance of Consolidated Leverage Ratio. Permit, at the last day of any fiscal quarter ending during any test period set forth below, the Consolidated Leverage Ratio to be greater than the ratio set forth opposite such test period below: Test Period Ratio July 1, 2006 — September 30, 2006 7.25 to 1.00 October 1, 2006 — December 31, 2006 5.75 to 1.00 January 1, 2007 — June 29, 2007 5.50 to 1.00 June 30, 2007 — September 29, 2007 5.00 7.75 to 1.00 September 30, 2007 — December 30, 2007 5.25 8.50 to 1.00 December 31, 2007 — March 30, 2008 7.25 to 1.00 March 31, 2008 — June 29, 2008 4.75 7.00 to 1.00 June 30, 2008 — September 29, 2008 6.50 to 1.00 September 30, 2008 — December 30, 2008 6.25 to 1.00 December 31, 2008 — March 30, 2009 3.00 5.50 to 1.00 March 31, 2009 and thereafter 2.50 to 1.00

Maintenance of Consolidated Leverage Ratio. Permit, at the last day of any fiscal quarter ending during any test period set forth below, the Consolidated Leverage Ratio to be greater than the ratio set forth opposite such test period below: Test Period Ratio July January 1, 2006 — September 2004 – December 30, 2005 3.50 to 1.00 December 31, 2005 – December 30, 2006 7.25 3.25 to 1.00 October 1, 2006 — December 31, 2006 5.75 to 1.00 January 1, 2007 — June 29, 2007 5.50 to 1.00 June 30, 2007 — September 29, 2007 5.00 to 1.00 September 30, 2007 — – December 30, 2007 5.25 3.00 to 1.00 December 31, 2007 — June 29, 2008 4.75 to 1.00 June – December 30, 2008 — March 30, 2009 3.00 2.75 to 1.00 March December 31, 2009 2008 and thereafter 2.50 to 1.00

Maintenance of Consolidated Leverage Ratio. Permit, at the last day of any fiscal quarter ending during any test period set forth below, the Consolidated Leverage Ratio to be greater than the ratio set forth opposite such test period below: Test Period Ratio July January 1, 2006 — September 30, 2006 7.25 to 1.00 October 1, 2006 — 2004 – December 31, 2006 5.75 2004 3.50 to 1.00 January 1, 2007 — June 29, 2007 5.50 to 1.00 June 30, 2007 — 2005 – September 29, 2007 5.00 2005 4:00 to 1.00 1:00 September 30, 2007 — 2005 – December 30, 2005 4.75 to 1.00 December 31, 2005 – March 30, 2006 4.50 to 1.00 March 31, 2006 – December 30, 2006 4.25 to 1:00 December 31, 2006 – December 30, 2007 5.25 4.00 to 1.00 December 31, 2007 — June 29, 2008 4.75 to 1.00 June – March 30, 2008 — 3.50 to 1.00 March 31, 2008 – March 30, 2009 3.00 to 1.00 March 31, 2009 and thereafter 2.50 to 1.00

Maintenance of Consolidated Leverage Ratio. Permit, at the last day of any fiscal quarter ending during any test period set forth below, the Consolidated Leverage Ratio to be greater than the ratio set forth opposite such test period below: Test Period Ratio July January 1, 2006 — 2004 – December 30, 2004 3.50 to 1.00 December 31, 2004 – March 30, 2005 4.00 to 1.00 March 31, 2005 – September 29, 2005 4.50 to 1.00 September 30, 2006 7.25 2005 – December 30, 2005 5.50 to 1.00 October 1, 2006 — December 31, 2006 5.75 to 1.00 January 1, 2007 — 2005 – June 29, 2007 5.50 2006 5.00 to 1.00 June 30, 2007 — September 292006 – December 30, 2007 5.00 2006 4.75 to 1.00 September December 31, 2006 – March 30, 2007 — 4.50 to 1.00 March 31, 2007 – December 30, 2007 5.25 4.00 to 1.00 December 31, 2007 — June 29, 2008 4.75 to 1.00 June – March 30, 2008 — 3.50 to 1.00 March 31, 2008 – March 30, 2009 3.00 to 1.00 March 31, 2009 and thereafter 2.50 to 1.00