Common use of Maximum Leverage Ratio Clause in Contracts

Maximum Leverage Ratio. The Company shall not permit the ratio (the "Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 as of the end of each fiscal quarter for the period commencing with the fiscal quarter ending December 20, 2002 through the fiscal quarter ending September 30, 2003;

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "“Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ”), determined as of the end of each of its fiscal quarter quarters ending on and after December 31, 2014, of (i) Consolidated Total Indebtedness as of the date of determination to (ii) Consolidated EBITDA for the period commencing of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter ending December 20quarter, 2002 through all calculated for the fiscal quarter ending September 30Borrower and its Restricted Subsidiaries on a consolidated basis, 2003;to be greater than 3.50 to 1.00.

Maximum Leverage Ratio. The Company Borrower shall not permit the ratio (the "Leverage RatioLEVERAGE RATIO") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Junior Subordinated Notes) to (ii) EBITDAE to be greater than: (i) 4.60 4.00 to 1.00 as of the end of each fiscal quarter for the period commencing with the fiscal quarter ending December 20, 2002 through the fiscal quarter ending September 30, 2003;

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ratio, determined as of the end of each of its fiscal quarter quarters ending on and after March 4, 2006, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period commencing of 4 consecutive fiscal quarters ending with the end of such fiscal quarter ending December 20quarter, 2002 through all calculated for the fiscal quarter ending September 30Borrower and its Subsidiaries on a consolidated basis, 2003;to be greater than 3.5 to 1.0.

Maximum Leverage Ratio. The Company Borrower shall not permit the ratio (the "“Leverage Ratio"”) of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Junior Subordinated Notes) to (ii) EBITDAE to be greater than: (i) 4.60 4.00 to 1.00 as of the end of each fiscal quarter for the period commencing with the fiscal quarter ending December 20, 2002 through the fiscal quarter ending September 30, 2003;

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "“Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ”), determined as of the end of each of its fiscal quarter quarters ending on and after January 31, 2011, of (i) Consolidated Total Funded Indebtedness to (ii) Consolidated EBITDA for the period commencing of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter ending December 20quarter, 2002 through all calculated for the fiscal quarter ending September 30Borrower and its Subsidiaries on a consolidated basis based on the quarterly compliance certificate most recently delivered pursuant to Section 5.01(c), 2003;to be greater than 3.00 to 1.00.

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "“Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ”), determined as of the end of each of its fiscal quarter quarters ending on and after June 30, 2011, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period commencing of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter ending December 20quarter, 2002 through all calculated for the fiscal quarter ending September 30Borrower and its Subsidiaries on a consolidated basis, 2003;to be greater than 3.75 to 1.00.

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "“Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ”), determined as of the end of each of its fiscal quarter quarters ending on and after December 31, 2006, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period commencing of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter ending December 20quarter, 2002 through all calculated for the fiscal quarter ending September 30Borrower and its Subsidiaries on a consolidated basis, 2003;to be greater than 3.0 to 1.0.

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "“Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ”), determined as of the end of each of its fiscal quarter quarters ending on and after September 30, 2009 of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period commencing of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter ending December 20quarter, 2002 through all calculated for the fiscal quarter ending September 30Borrower and its Subsidiaries on a consolidated basis, 2003;to be greater than 3.0 to 1.0.

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "“Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ”), determined as of the end of each of its fiscal quarter quarters ending on and after September 30, 2011, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period commencing of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter ending December 20quarter, 2002 through all calculated for the fiscal quarter ending September 30Borrower and its Subsidiaries on a consolidated basis, 2003;to be greater than 2.50 to 1.00.

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "“Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ”), determined as of the end of each of its fiscal quarter quarters ending on and after December 31, 2014, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period commencing of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter ending December 20quarter, 2002 through all calculated for the fiscal quarter ending September 30Borrower and its Subsidiaries on a consolidated basis, 2003;to be greater than 3.00 to 1.00.

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "“Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ”), determined as of the end of each of its fiscal quarter quarters ending on and after March 31, 2011, of (i) Consolidated Funded Indebtedness to (ii) Consolidated EBITDA for the period commencing of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter ending December 20quarter, 2002 through all calculated for the fiscal quarter ending September 30Borrower and its Subsidiaries on a consolidated basis, 2003;to be greater than 2.50 to 1.00.

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "“Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ”), determined as of the end of each of its fiscal quarter quarters ending on and after December 31, 2011, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period commencing of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter ending December 20quarter, 2002 through all calculated for the fiscal quarter ending September 30Borrower and its Subsidiaries on a consolidated basis, 2003;to be greater than 3.00 to 1.00.

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "“Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ”), determined as of the end of each of its fiscal quarter quarters of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period commencing with of the then most-recently ended four (4) consecutive fiscal quarter ending December 20quarters, 2002 through all calculated for the fiscal quarter ending September 30Borrower and its Subsidiaries on a consolidated basis, 2003;to be greater than 2.5 to 1.0.

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "“Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ”), determined as of the end of each of its fiscal quarter quarters ending on and after December 31, 2010, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period commencing of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter ending December 20quarter, 2002 through all calculated for the fiscal quarter ending September 30Borrower and its Subsidiaries on a consolidated basis, 2003;to be greater than 2.50 to 1.00.

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "“Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ”), determined as of the end of each of its fiscal quarter quarters ending on and after December 31, 2011, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period commencing of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter ending December 20quarter, 2002 through all calculated for the fiscal quarter ending September 30Borrower and its Subsidiaries on a consolidated basis, 2003;to be greater than 3.00 to 1.00.

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "“Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ”), determined as of the end of each of its fiscal quarter quarters ending on and after September 30, 2016, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period commencing with the fiscal quarter ending December 20, 2002 through the fiscal quarter ending September 30, 2003;of four

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "“Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ”), determined as of the end of each of its fiscal quarter quarters ending on and after September 27, 2015, of (i) Total Funded Indebtedness to (ii) Consolidated EBITDA for the period commencing of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter ending December 20quarter, 2002 through all calculated for the fiscal quarter ending September 30Borrower and its Subsidiaries on a consolidated basis, 2003;to be greater than 3.00 to 1.00.

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "“Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ”), determined as of the end of each of its fiscal quarter quarters ending on and after February 29, 2012, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period commencing of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter ending December 20quarter, 2002 through all calculated for the fiscal quarter ending September 30Borrower and its Restricted Subsidiaries on a consolidated basis, 2003;to be greater than 2.50 to 1.00.

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "“Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ”), determined as of the end of each of its fiscal quarter quarters ending on and after February 28, 2008, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period commencing of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter ending December 20quarter, 2002 through all calculated for the fiscal quarter ending September 30Borrower and its Subsidiaries on a consolidated basis, 2003;to be greater than 2.50 to 1.00.

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "“Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ”), determined as of the end of each of its fiscal quarter quarters ending on and after September 28, 2012 of (i) Consolidated Total Funded Indebtedness to (ii) Consolidated EBITDA for the period commencing of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter ending December 20quarter, 2002 through all calculated for the fiscal quarter ending September 30Borrower and its Subsidiaries on a consolidated basis, 2003;to be greater than 3.00 to 1.00.

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "“Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ”), determined as of the end of each of its fiscal quarter quarters ending on and after December 31, 2006, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period commencing of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter ending December 20quarter, 2002 through all calculated for the fiscal quarter ending September 30Borrower and its Consolidated Subsidiaries on a consolidated basis, 2003;to be greater than 2.25 to 1.0.

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "“Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ”), determined as of the end of each of its fiscal quarter quarters ending on and after March 31, 2015, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period commencing of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter ending December 20quarter, 2002 through all calculated for the fiscal quarter ending September 30Borrower and its Restricted Subsidiaries on a consolidated basis, 2003;to be greater than 3.25 to 1.00.

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "“Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ”), determined as of the end of each of its fiscal quarter quarters ending on and after September 30, 2010, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period commencing of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter ending December 20quarter, 2002 through all calculated for the fiscal quarter ending September 30Borrower and its Subsidiaries on a consolidated basis, 2003;to be greater than 2.50 to 1.00.

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "“Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ”), determined as of the end of each of its fiscal quarter quarters ending on and after December 31, 2011, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period commencing of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter ending December 20quarter, 2002 through all calculated for the fiscal quarter ending September 30Borrower and its Subsidiaries on a consolidated basis, 2003;to be greater than 3.0 to 1.0.

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "“Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ”), determined as of the end of each of its fiscal quarter quarters ending on and after March 31, 2013, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period commencing of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter ending December 20quarter, 2002 through all calculated for the fiscal quarter ending September 30Borrower and its Subsidiaries on a consolidated basis, 2003;to be greater than 2.50 to 1.00.

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "“Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ”), determined as of the end of each of its fiscal quarter quarters set forth below, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period commencing of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter ending December 20quarter, 2002 through all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be greater than the ratio set forth opposite such fiscal quarter ending September 30, 2003;quarter:

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ), determined as of the end of each of its fiscal quarter quarters ending on and after December 31, 2004, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period commencing of 4 consecutive fiscal quarters ending with the end of such fiscal quarter ending December 20quarter, 2002 through all calculated for the fiscal quarter ending September 30Borrower and its Subsidiaries on a consolidated basis, 2003;to be greater than 2.50 to 1.0.

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "“Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ”), determined as of the end of each of its fiscal quarter quarters ending on and after the Effective Date, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period commencing of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter ending December 20quarter, 2002 through all calculated for the fiscal quarter ending September 30Borrower and its Subsidiaries on a consolidated basis, 2003;to be greater than 3.75 to 1.00.

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "“Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ”), determined as of the end of each of its fiscal quarter quarters of (i) Consolidated Total Funded Indebtedness to (ii) Consolidated EBITDA for the period commencing of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter ending December 20quarter, 2002 through all calculated for the fiscal quarter ending September 30Borrower and its Subsidiaries on a consolidated basis, 2003;to be greater than 3.25 to 1.00.

Maximum Leverage Ratio. The Company shall Borrower will not permit the ratio (the "“Leverage Ratio") of (i) the principal amount of Consolidated Total Indebtedness (other than the Seller Notes) to (ii) EBITDAE to be greater than: (i) 4.60 to 1.00 ”), determined as of the end of each of its fiscal quarter quarters ending on and after December 31, 2012, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period commencing of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter ending December 20quarter, 2002 through all calculated for the fiscal quarter ending September 30Borrower and its Subsidiaries on a consolidated basis, 2003;to be greater than 2.75 to 1.00.