Common use of Maximum Leverage Ratio Clause in Contracts

Maximum Leverage Ratio. Permit the Leverage Ratio on the last day of any fiscal quarter during any period set forth below to be greater than the ratio set forth opposite such date or period below: PERIOD RATIO ------ ----- September 30, 2001 through December 31, 2001 3.50:1.0 March 31, 2002 through June 30, 2002 4.00:1.0 September 30, 2002 3.75:1.0 December 31, 2002 3.00:1.0 March 31, 2003 through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 March 31, 2004 through June 30, 2004 3.00:1.0 September 30, 2004 and thereafter 2.25:1.0

Maximum Leverage Ratio. Permit the Leverage Ratio on as of the last day of any fiscal quarter ending during any a period set forth below to be greater than the ratio set forth opposite such date or period below: PERIOD RATIO ------ ----- Period Ratio September 30, 2001 2007 through December 31, 2001 3.50:1.0 March 31, 2002 2009 7.25 to 1.00 April 1, 2009 through June 30, 2002 4.00:1.0 2009 7.00 to 1.00 July 1, 2009 through September 30, 2002 3.75:1.0 December 312009 6.75 to 1.00 October 1, 2002 3.00:1.0 March 31, 2003 2009 through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 312010 6.50 to 1.00 October 1, 2003 2.50:1.0 March 31, 2004 2010 through June 30, 2004 3.00:1.0 September 30, 2004 and thereafter 2.25:1.02011 6.00 to 1.00 October 1, 2011 through September 30, 2012 5.50 to 1.00 Thereafter 5.00 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio on the last day of any fiscal quarter during any period set forth below to be greater than the ratio set forth opposite such date or period below: PERIOD RATIO Period Ratio ------ ----- September 30, 2001 through December 31, 2001 3.50:1.0 March 31, 2002 through June 30, 2002 4.00:1.0 September 30, 2002 3.75:1.0 December 31, 2002 3.00:1.0 March 31, 2003 through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 March 31, 2004 through June 30, 2004 3.00:1.0 September 30, 2004 and thereafter 2.25:1.0

Maximum Leverage Ratio. Permit the Leverage Ratio on as at the last day of any fiscal quarter during any period set forth below to be greater than the ratio set forth opposite such date or period below: PERIOD RATIO ------ ----- Period Ratio Closing Date through September 3019, 2001 2007 6.00 to 1.00 September 20, 2007 through July 2, 2008 5.75 to 1.00 July 3, 2008 through July 1, 2009 5.50 to 1.00 July 2, 2009 through December 3116, 2001 3.50:1.0 March 312009 5.15 to 1.00 December 17, 2002 2009 through June 30, 2002 4.00:1.0 September 302010 5.00 to 1.00 July 1, 2002 3.75:1.0 2010 through December 3115, 2002 3.00:1.0 March 31, 2003 through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 March 31, 2004 through June 30, 2004 3.00:1.0 September 30, 2004 and thereafter 2.25:1.02010 4.75 to 1.00 Thereafter 4.50 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio on as of the last day end of any fiscal quarter during any period of the Borrower (beginning with the fiscal quarter ending September 30, 2008) set forth below to be greater than the ratio set forth below opposite such date or the applicable period belowending date: PERIOD RATIO ------ ----- September 30, 2001 2008 3.75:1.00 December 31, 2008 through June 30, 2009 3.50:1.00 September 30, 2009 through December 31, 2001 3.50:1.0 2009 3.25:1.00 March 31, 2002 2010 through June 30, 2002 4.00:1.0 2010 3.00:1.00 September 30, 2002 3.75:1.0 2010 through December 31, 2002 3.00:1.0 2010 2.75:1.00 March 31, 2003 2011 through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 2011 2.50:1.00 March 31, 2004 through June 30, 2004 3.00:1.0 September 30, 2004 2012 and thereafter 2.25:1.02.25:1.00

Maximum Leverage Ratio. Permit the Maintain for each Measurement Period a maximum Leverage Ratio Ratio, as measured on the last day of any fiscal quarter each Fiscal Quarter occurring during any period set forth below to be greater the periods indicated below, less than the ratio set forth opposite such date or period belowfollowing: PERIOD RATIO ------ ----- September Amendment No. 5 Effective Date through January 25, 2008 5.00 to 1.00 January 26, 2008 through January 30, 2001 through December 2009 4.75 to 1.00 January 31, 2001 3.50:1.0 March 312009 through January 29, 2002 through June 2010 4.50 to 1.00 January 30, 2002 4.00:1.0 September 30, 2002 3.75:1.0 December 31, 2002 3.00:1.0 March 31, 2003 through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 March 31, 2004 through June 30, 2004 3.00:1.0 September 30, 2004 2010 and thereafter 2.25:1.04.25 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio on at the last day end of any fiscal quarter (commencing with the fiscal quarter ending on June 30, 2004) during any period set forth below to be greater than the ratio set forth opposite such date or period below: PERIOD RATIO ------ ----- September 30, 2001 through December 31, 2001 3.50:1.0 March 31, 2002 through June 30, 2002 4.00:1.0 September 30, 2002 3.75:1.0 December 31, 2002 3.00:1.0 March 31, 2003 through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 March 31, 2004 Closing Date through June 30, 2004 3.00:1.0 September 303.25 to 1.00 July 1, 2004 and thereafter 2.25:1.0through December 31, 2004 3.00 to 1.00 January 1, 2005 through December 31, 2006 2.50 to 1.00 Thereafter 2.00 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio on at the last day end of any fiscal quarter, commencing with the fiscal quarter during any period set forth below ending September 30, 2010, to be greater than the ratio set forth below opposite the applicable period during which such date or period belowfiscal quarter ends: PERIOD RATIO ------ ----- Period Leverage Ratio September 30, 2001 2010 through June 30, 2011 3.50:1:00 September 30, 2011 through June 30, 2012 3.25:1:00 September 30, 2012 through December 31, 2001 3.50:1.0 2012 3.00:1:00 March 31, 2002 2013 through June 30, 2002 4.00:1.0 September 30, 2002 3.75:1.0 December 31, 2002 3.00:1.0 2013 2.75:1:00 March 31, 2003 through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 March 31, 2004 through June 30, 2004 3.00:1.0 September 30, 2004 2014 and thereafter 2.25:1.02.50:1:00

Maximum Leverage Ratio. Permit the Leverage Ratio on as of the last day of any fiscal quarter ending during any a period set forth below below, beginning with the fiscal quarter ending September 30, 2007, to be greater than the ratio set forth opposite such date or period below: PERIOD RATIO ------ ----- Closing Date through September 30, 2001 2007 5.25:1.00 October 1, 2007 through December 31, 2001 3.50:1.0 March 2007 5.00:1.00 January 1, 2008 through December 31, 2002 2008 4.75:1.00 January 1, 2009 through June 30, 2002 4.00:1.0 2009 4.50:1.00 July 1, 2009 through December 31, 2009 4.25:1.00 January 1, 2010 through September 30, 2002 3.75:1.0 December 312010 4.00:1.00 October 1, 2002 3.00:1.0 March 31, 2003 through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 March 31, 2004 through June 30, 2004 3.00:1.0 September 30, 2004 2010 and thereafter 2.25:1.03.75:1.00

Maximum Leverage Ratio. Permit the Leverage Ratio on as of the last day of any fiscal quarter during any period set forth below (commencing with the fiscal quarter ending on September 30, 2004) to be greater than the ratio set forth opposite such date or period below: PERIOD RATIO ------ ----- September 30, 2001 Closing Date through December 31, 2001 3.50:1.0 March 312005 4.25 to 1.00 January 1, 2002 2006 through June 30, 2002 4.00:1.0 September 302006 4.00 to 1.00 July 1, 2002 3.75:1.0 2006 through December 31, 2002 3.00:1.0 March 312006 3.75 to 1.00 January 1, 2003 2007 through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 March 2007 3.50 to 1.00 January 1, 2008 through December 31, 2004 through June 30, 2004 3.00:1.0 September 30, 2004 and thereafter 2.25:1.02008 3.00 to 1.00 Thereafter 2.75 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio on as of the last day end of any fiscal quarter ending during any a period set forth below to be greater than the ratio set forth opposite such date or period below: PERIOD RATIO ------ ----- Closing Date through September 30, 2001 2006 3.75:1.00 October 1, 2006 through December 31, 2001 3.50:1.0 March 31, 2002 through June 30, 2002 4.00:1.0 September 30, 2002 3.75:1.0 December 312007 3.50:1.00 October 1, 2002 3.00:1.0 March 31, 2003 through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 March 31, 2004 through June 30, 2004 3.00:1.0 September 30, 2004 2007 and thereafter 2.25:1.03.00:1.00

Maximum Leverage Ratio. Permit the Leverage Ratio on the last day of any full fiscal quarter during of the Company ending with any period fiscal quarter set forth below to be greater more than the ratio set forth opposite such date or period below: PERIOD RATIO ------ ----- September 30, 2001 through December 31, 2001 3.50:1.0 March 31, 2002 through June 30, 2002 4.00:1.0 September 30, 2002 3.75:1.0 3.00 December 31, 2002 3.00:1.0 March 31, 2003 through June 30, 2003 3.50:1.0 - September 30, 2003 3.00:1.0 2.75 December 31, 2003 2.50:1.0 March 31, 2004 through June 30, 2004 3.00:1.0 September 30, 2004 - and thereafter 2.25:1.02.50

Maximum Leverage Ratio. Permit the Leverage Ratio on as at the last day of any fiscal quarter during ending in or around any period set forth below to be greater than the ratio set forth opposite such date or period below: PERIOD RATIO Period Ratio ------ ----- September 30, 2001 Closing Date through December 31, 2001 3.50:1.0 March 31, 2002 through June 30, 2002 4.00:1.0 September 30, 2002 3.75:1.0 December 31, 2002 3.00:1.0 March 31, 2003 through June 304.50 to 1.00 April 1, 2003 3.50:1.0 through September 30, 2003 3.00:1.0 December 314.25 to 1.00 October 1, 2003 2.50:1.0 March 31, 2004 through June 30, 2004 3.00:1.0 September 30, 2004 and thereafter 2.25:1.04.00 to 1.00 68 October 1, 2004 through September 30, 2005 3.50 to 1.00 October 1, 2005 through September 30, 2006 3.00 to 1.00 Thereafter 2.75 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio on as of the last day of any fiscal quarter (commencing with the fiscal quarter ending as of December 31, 2003) ending during any period set forth below to be greater than exceed the ratio set forth opposite such date or period below: PERIOD RATIO ------ ----- Closing Date through and including September 30, 2001 through December 31, 2001 3.50:1.0 March 31, 2002 through June 30, 2002 4.00:1.0 September 30, 2002 3.75:1.0 December 31, 2002 3.00:1.0 March 31, 2003 through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 March 31, 2004 through June 30, 2004 3.00:1.0 September 30, 2004 and thereafter 2.25:1.02006 3.25 to 1.0 Thereafter 3.00 to 1.0

Maximum Leverage Ratio. Permit the Leverage Ratio on as at the last day of any fiscal quarter during ending in or around any period set forth below to be greater than the ratio set forth opposite such date or period below: PERIOD RATIO ------ ----- September 30, 2001 through December 31, 2001 3.50:1.0 March 31, 2002 through June 30, 2002 4.00:1.0 September 30, 2002 3.75:1.0 December 31, 2002 3.00:1.0 March 31, 2003 through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 March 31, 2004 Ratio Restatement Date through June 30, 2004 3.00:1.0 September 304.75 to 1.00 July 1, 2004 and thereafter 2.25:1.0through December 15, 2004 4.50 to 1.00 December 16, 2004 through April 6, 2005 4.25 to 1.00 April 7, 2005 through April 5, 2006 4.00 to 1.00 April 6, 2006 through April 4, 2007 3.50 to 1.00 April 5, 2007 through April 2, 2008 3.00 to 1.00 Thereafter 2.50 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio on at the last day end of any fiscal quarter during any a period set forth below to be greater than the ratio set forth opposite such date or period below: PERIOD RATIO ------ ----- September 30, 2001 Closing Date through December 31, 2001 3.50:1.0 March 31, 2002 2005 3.85 to 1.00 April 1, 2005 through June 30, 2002 4.00:1.0 September 302005 3.75 to 1.00 July 1, 2002 3.75:1.0 December 31, 2002 3.00:1.0 2005 through March 31, 2003 2006 3.50 to 1.00 April 1, 2006 through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 March 31, 2004 2007 3.25 to 1.00 April 1, 2007 through June 30March 31, 2004 3.00:1.0 September 30, 2004 and thereafter 2.25:1.02008 2.75 to 1.00 Thereafter 2.25 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio on as of the last day of any fiscal quarter during any period set forth below (commencing with the fiscal quarter ending on September 30, 2004) to be greater than the ratio set forth opposite such date or period below: PERIOD RATIO Period Ratio ------ ----- September 30, 2001 Closing Date through December 31, 2001 3.50:1.0 March 312005 4.25 to 1.00 January 1, 2002 2006 through June 30, 2002 4.00:1.0 September 302006 4.00 to 1.00 July 1, 2002 3.75:1.0 2006 through December 31, 2002 3.00:1.0 March 312006 3.75 to 1.00 January 1, 2003 2007 through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 March 2007 3.50 to 1.00 January 1, 2008 through December 31, 2004 through June 30, 2004 3.00:1.0 September 30, 2004 and thereafter 2.25:1.02008 3.00 to 1.00 Thereafter 2.75 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio on as of the last day of any fiscal quarter (commencing with the fiscal quarter ending on March 31, 2004) ending during any a period set forth below to be greater than the ratio set forth opposite such date or period below: PERIOD RATIO ------ ----- September 30, 2001 Closing Date through December 31, 2001 3.50:1.0 March 31, 2002 2005 5.95 to 1.00 April 1, 2005 through June 30, 2002 4.00:1.0 September 30, 2002 3.75:1.0 December 31, 2002 3.00:1.0 March 31, 2003 2006 5.90 to 1.00 April 1, 2006 through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 March 31, 2004 2007 5.50 to 1.00 April 1, 2007 through June 30March 31, 2004 3.00:1.0 September 302008 5.00 to 1.00 April 1, 2004 and thereafter 2.25:1.02008 through March 31, 2009 4.50 to 1.00 April 1, 2009 through March 31, 2010 4.00 to 1.00 Thereafter 3.75 to 1.00

Maximum Leverage Ratio. Permit The Company shall not permit the Leverage Ratio on for the last day of any fiscal quarter during any period set forth Fiscal Quarter to exceed the maximum Leverage Ratio specified below for such Fiscal Quarter: July 31, 2007 6.25 to be greater than the ratio set forth opposite such date or period below: PERIOD RATIO ------ ----- September 1.0 October 31, 2007 6.80 to 1.0 January 31, 2008 7.30 to 1.0 April 30, 2001 through December 2008 6.80 to 1.0 July 31, 2001 3.50:1.0 March 2008 6.80 to 1.0 October 31, 2002 through June 2008 6.70 to 1.0 January 31, 2009 6.25 to 1.0 April 30, 2002 4.00:1.0 September 2009 5.80 to 1.0 July 31, 2009 5.50 to 1.0 October 31, 2009 5.25 to 1.0 January 31, 2010 4.75 to 1.0 April 30, 2002 3.75:1.0 December 2010 4.50 to 1.0 July 31, 2002 3.00:1.0 March 2010 4.25 to 1.0 October 31, 2003 through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 March 31, 2004 through June 30, 2004 3.00:1.0 September 30, 2004 2010 and thereafter 2.25:1.03.75 to 1.0”

Maximum Leverage Ratio. Permit the Leverage Ratio on as of the last day of any fiscal quarter (commencing with the fiscal quarter ending as of December 31, 2003) ending during any period set forth below to be greater than exceed the ratio set forth opposite such date or period below: PERIOD RATIO Period Ratio ------ ----- Closing Date through and including September 30, 2001 through December 31, 2001 3.50:1.0 March 31, 2002 through June 30, 2002 4.00:1.0 September 30, 2002 3.75:1.0 December 31, 2002 3.00:1.0 March 31, 2003 through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 March 31, 2004 through June 30, 2004 3.00:1.0 September 30, 2004 and thereafter 2.25:1.02006 3.25 to 1.0 Thereafter 3.00 to 1.0

Maximum Leverage Ratio. Permit The Company shall not permit the Leverage Ratio on for the last day of any fiscal quarter during any period set forth Fiscal Quarter to exceed the maximum Leverage Ratio specified below for such Fiscal Quarter: January 31, 2006 7.0 to be greater than the ratio set forth opposite such date or period below: PERIOD RATIO ------ ----- September 1.0 April 30, 2001 through December 2006 6.35 to 1.0 July 31, 2001 3.50:1.0 March 2006 5.65 to 1.0 October 31, 2002 through June 2006 4.9 to 1.0 January 31, 2007 4.5 to 1.0 April 30, 2002 4.00:1.0 September 30, 2002 3.75:1.0 December 2007 4.2 to 1.0 July 31, 2002 3.00:1.0 March 2007 3.9 to 1.0 October 31, 2003 through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 2007 3.3 to 1.0 January 31, 2003 2.50:1.0 March 31, 2004 through June 30, 2004 3.00:1.0 September 30, 2004 2008 and thereafter 2.25:1.02.5 to 1.0

Maximum Leverage Ratio. Permit the Leverage Ratio on the last day of at any fiscal quarter time during any period of four fiscal quarters of the Borrower set forth below in which the last fiscal quarter ends after the Closing Date to be greater than the ratio set forth below opposite such date or period belowperiod: PERIOD RATIO ------ ----- September 30, 2001 2005 through December 31, 2001 3.50:1.0 2005 4.50 to 1.00 March 31, 2002 2006 through June 30, 2002 4.00:1.0 September 30, 2002 3.75:1.0 2006 4.25 to 1.00 December 31, 2002 3.00:1.0 2006 through December 31, 2007 4.00 to 1.00 March 31, 2003 through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 March 31, 2004 through June 30, 2004 3.00:1.0 September 30, 2004 2008 and each fiscal quarter thereafter 2.25:1.03.75 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio on at the last day end of any fiscal quarter during any a period set forth below to be greater than the ratio set forth opposite such date or period below: PERIOD RATIO ------ ----- Closing Date through September 30, 2001 through December 312007 7.00 to 1.00 October 1, 2001 3.50:1.0 March 31, 2002 2007 through June 30, 2002 4.00:1.0 September 302008 6.50 to 1.00 July 1, 2002 3.75:1.0 December 31, 2002 3.00:1.0 March 31, 2003 2008 through June 30, 2003 3.50:1.0 2009 6.25 to 1.00 July 1, 2009 through September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 March 31, 2004 through June 30, 2004 3.00:1.0 September 30, 2004 and thereafter 2.25:1.02010 5.75 to 1.00 Thereafter 4.75 to 1.00

Maximum Leverage Ratio. Permit the The Leverage Ratio on Ratio, as of the last day of any fiscal quarter during any period set forth below each Fiscal Quarter of Company and the Subsidiaries indicated below, shall be less than or equal to be greater than the ratio set forth opposite such date or period belowfollowing: PERIOD RATIO ------ ----- September 30, 2001 2006 4.75 to 1.00 December 31, 2006 through March 31, 2007 4.50 to 1.00 June 30, 2007 through December 31, 2001 3.50:1.0 March 31, 2002 through June 30, 2002 4.00:1.0 September 30, 2002 3.75:1.0 December 31, 2002 3.00:1.0 March 31, 2003 through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 March 31, 2004 through June 30, 2004 3.00:1.0 September 30, 2004 and thereafter 2.25:1.02007 4.25 to 1.00 Thereafter 4.00 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio on the last day of at any fiscal quarter time during any period of four fiscal quarters of the Borrower set forth below in which the last fiscal quarter ends after the Closing Date to be greater than the ratio set forth below opposite such date or period belowperiod: PERIOD RATIO ------ ----- September Closing Date through March 30, 2001 through December 31, 2001 3.50:1.0 March 31, 2002 through June 30, 2002 4.00:1.0 September 30, 2002 3.75:1.0 December 31, 2002 3.00:1.0 March 31, 2003 through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 2004 3.75 to 1.00 March 31, 2004 through June 30December 31, 2004 3.00:1.0 3.50 to 1.00 January 1, 2005 through September 29, 2005 3.25 to 1.00 September 30, 2004 2005 and each fiscal quarter thereafter 2.25:1.03.00 to 1.00

Maximum Leverage Ratio. Permit the Maintain a Leverage Ratio on the last day of any fiscal quarter during any period set forth below to be not greater than the ratio set forth opposite such date or period belowbelow for each Fiscal Quarter during the specified period, measured as of the last day of each Fiscal Quarter: PERIOD RATIO Period Ratio ------ ----- September 30Closing Date through January 31, 2001 2009 3.50:1.00 February 1, 2009 through December 31, 2001 3.50:1.0 March 312009 3.75:1.00 January 1, 2002 through June 30, 2002 4.00:1.0 September 30, 2002 3.75:1.0 December 31, 2002 3.00:1.0 March 31, 2003 through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 March 31, 2004 through June 30, 2004 3.00:1.0 September 30, 2004 2010 and thereafter 2.25:1.04.00:1.00

Maximum Leverage Ratio. Permit the Leverage Ratio on as of the last day of any fiscal quarter ending during any a period set forth below below, beginning with the fiscal quarter ending September 30, 2007, to be greater than the ratio set forth opposite such date or period below: PERIOD RATIO ------ ----- Closing Date through September 30, 2001 2007 5.75:1.00 October 1, 2007 through December 31, 2001 3.50:1.0 March 2007 5.50:1.00 January 1, 2008 through December 31, 2002 2008 5.25:1.00 January 1, 2009 through June 30, 2002 4.00:1.0 2009 5.00:1.00 July 1, 2009 through December 31, 2009 4.75:1.00 January 1, 2010 through September 30, 2002 3.75:1.0 December 312010 4.50:1.00 October 1, 2002 3.00:1.0 March 31, 2003 through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 March 31, 2004 through June 30, 2004 3.00:1.0 September 30, 2004 2010 and thereafter 2.25:1.04.25:1.00

Maximum Leverage Ratio. Permit the Leverage Ratio on the last day of at any fiscal quarter time during any period of four fiscal quarters of the Borrower set forth below in which the last fiscal quarter ends after the Closing Date to be greater than the ratio set forth below opposite such date or period belowperiod: PERIOD RATIO ------ ----- September Closing Date through March 30, 2001 through December 31, 2001 3.50:1.0 2006 4.00 to 1.00 March 31, 2002 2006 through June March 30, 2002 4.00:1.0 September 30, 2002 3.75:1.0 December 31, 2002 3.00:1.0 2007 3.75 to 1.00 March 31, 2003 2007 through June March 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 2008 3.50 to 1.00 March 31, 2004 through June 30, 2004 3.00:1.0 September 30, 2004 2008 and each fiscal quarter thereafter 2.25:1.03.25 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio on as of the last day of any fiscal quarter ending during any a period set forth below to be greater than the ratio set forth opposite such date or period below: PERIOD RATIO ------ ----- Period Ratio September 30, 2001 2007 through December 31, 2001 3.50:1.0 March 31, 2002 2009 7.25 to 1.00 April 1, 2009 through June 30, 2002 4.00:1.0 2009 7.00 to 1.00 July 1, 2009 through September 30, 2002 3.75:1.0 December 312009 6.75 to 1.00 October 1, 2002 3.00:1.0 March 31, 2003 2009 through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 312010 6.50 to 1.00 October 1, 2003 2.50:1.0 March 31, 2004 2010 through June 30, 2004 3.00:1.0 September 30, 2004 and thereafter 2.25:1.02011 6.00 to 1.00 October 1, 2011 through September 30, 2013 5.50 to 1.00 Thereafter 5.00 to 1.00

Maximum Leverage Ratio. Permit Borrower and its Subsidiaries on a consolidated basis shall have, at the end of each Fiscal Quarter set forth below, a Leverage Ratio on as of the last day of any fiscal quarter during any such Fiscal Quarter and for the 12-month period set forth below to be greater then ended of not more than the ratio set forth opposite such date or period below: PERIOD RATIO ------ ----- September 30, 2001 through December 31, 2001 3.50:1.0 following Fiscal Quarter Leverage Ratio March 31, 2002 through 2008, June 30, 2002 2008 4.00:1.0 September 30, 2002 3.75:1.0 2008, December 31, 2002 3.00:1.0 2008, March 31, 2003 through 2009 and June 30, 2003 2009 3.75:1.0 September 30, 2009, December 31, 2009, March 31, 2010 and June 30, 2010 3.50:1.0 September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 March 31, 2004 through June 30, 2004 3.00:1.0 September 30, 2004 2010 and each Fiscal Quarter thereafter 2.25:1.03.25:1.0

Maximum Leverage Ratio. Permit the The Leverage Ratio on Ratio, as of the last day of any fiscal quarter during any period set forth below each Fiscal Quarter of Company and its Subsidiaries indicated below, shall be less than or equal to be greater than the ratio set forth opposite such date or period belowfollowing: PERIOD RATIO ------ ----- September June 30, 2001 2005 through December 31, 2001 3.50:1.0 2005 5.00 to 1.00 March 31, 2002 2006 through September 30, 2006 4.75 to 1.00 December 31, 2006 through March 31, 2007 4.50 to 1.00 June 30, 2002 4.00:1.0 September 30, 2002 3.75:1.0 2007 through December 31, 2002 3.00:1.0 March 31, 2003 through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 March 31, 2004 through June 30, 2004 3.00:1.0 September 30, 2004 and thereafter 2.25:1.02007 4.25 to 1.00 Thereafter 4.00 to 1.00

Maximum Leverage Ratio. Permit Borrower shall not permit the Leverage Ratio on as of the last day of any fiscal quarter Fiscal Quarter ending during any a period set forth described below to be greater than exceed the ratio set forth opposite such date or period belowthat period: PERIOD RATIO ------ ----- September 30Quarters Ending Maximum Leverage Ratio Closing Date through 4.85:1.00 December 31, 2001 1997 January 1, 1998 through December 31, 2001 3.50:1.0 1998 4.50:1.00 January 1, 1999 through March 31, 2002 1999 4.25:1.00 April 1, 1999 through December 31, 1999 4.00:1.00 January 1, 2000 June 30, 2002 4.00:1.0 September 302000 3.50:1.00 July 1, 2002 3.75:1.0 2000 through December 31, 2002 3.00:1.0 March 31, 2003 2000 3.25:1.00 Thereafter through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 March 31, 2004 through June 30, 2004 3.00:1.0 September 30, 2004 and thereafter 2.25:1.0Termination Date 3.00:1.00

Maximum Leverage Ratio. Permit the Leverage Ratio on as at the last day of any fiscal quarter during any period set forth below to be greater than the applicable ratio set forth opposite such date or period below: PERIOD RATIO ------ ----- Through September 30, 2001 2005 3.75 to 1.00 October 1, 2005 through June 30, 2006 3.50 to 1.00 July 1, 2006 through September 30, 2006 3.25 to 1.00 October 1, 2006 through December 31, 2001 3.50:1.0 March 312006 3.00 to 1.00 January 1, 2002 2007 through June 30, 2002 4.00:1.0 September 30, 2002 3.75:1.0 December 31, 2002 3.00:1.0 March 312007 2.75 to 1.00 January 1, 2003 2008 through June 30, 2003 3.50:1.0 September 30, 2003 3.00:1.0 December 31, 2003 2.50:1.0 March 312008 2.50 to 1.00 January 1, 2004 through June 30, 2004 3.00:1.0 September 30, 2004 2009 and thereafter 2.25:1.02.25 to 1.00