Common use of Maintenance of Ratio of Earnings Before Income Taxes to Fixed Charges Clause in Contracts

Maintenance of Ratio of Earnings Before Income Taxes to Fixed Charges. Maintain a ratio of aggregate consolidated Earnings Before Income Taxes for the four most recent fiscal quarters for which consolidated statements of earnings have been delivered pursuant to Section 5.01(c)(i) or (ii) hereof to consolidated Fixed Charges for such four most recent fiscal quarters of not less than 2.5 to 1.0; provided that an amount or amounts up to an aggregate of $5,000,000,000 expensed by Altria (or any Subsidiary thereof) in connection with the settlement of tobacco-related litigation or for bonding or other similar expenses incurred in order to obtain a stay of execution, during the applicable four-quarter period, will not be included in such calculation.

Maintenance of Ratio of Earnings Before Income Taxes to Fixed Charges. Maintain a ratio of aggregate consolidated Earnings Before Income Taxes for the four most recent fiscal quarters for which consolidated statements of earnings have been delivered pursuant to Section 5.01(c)(i) or (ii) hereof to consolidated Fixed Charges for such four most recent fiscal quarters of not less than 2.5 to 1.0; provided that an amount or amounts up to an aggregate of $5,000,000,000 expensed by Altria PM Companies (or any Subsidiary thereof) in connection with the settlement of tobacco-related litigation or for bonding or other similar expenses incurred in order to obtain a stay of execution, during the applicable four-quarter period, will not be included in such calculation.