Common use of Maximum Leverage Ratio Clause in Contracts

Maximum Leverage Ratio. Permit the Leverage Ratio as of the last day of any fiscal quarter ending during a period set forth below to be greater than the ratio set forth opposite such period below: Period Ratio September 30, 2007 through March 31, 2009 7.25 to 1.00 April 1, 2009 through June 30, 2009 7.00 to 1.00 July 1, 2009 through September 30, 2009 6.75 to 1.00 October 1, 2009 through September 30, 2010 6.50 to 1.00 October 1, 2010 through September 30, 2011 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 as of at the last day of any fiscal quarter ending during a any period set forth below to be greater than the ratio set forth opposite such period below: Period Ratio Closing Date through September 3019, 2007 6.00 to 1.00 September 20, 2007 through March 31July 2, 2008 5.75 to 1.00 July 3, 2008 through July 1, 2009 7.25 5.50 to 1.00 April 1July 2, 2009 through December 16, 2009 5.15 to 1.00 December 17, 2009 through June 30, 2009 7.00 2010 5.00 to 1.00 July 1, 2009 2010 through September 30, 2009 6.75 to 1.00 October 1, 2009 through September 30December 15, 2010 6.50 to 1.00 October 1, 2010 through September 30, 2011 6.00 to 1.00 October 1, 2011 through September 30, 2012 5.50 4.75 to 1.00 Thereafter 5.00 4.50 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of at the last day end of any fiscal quarter (commencing with the fiscal quarter ending on June 30, 2004) during a any period set forth below to be greater than the ratio set forth opposite such period below: Date or Period Ratio September 30, 2007 through March 31, 2009 7.25 to 1.00 April 1, 2009 Closing Date through June 30, 2009 7.00 2004 3.25 to 1.00 July 1, 2009 2004 through September 30December 31, 2009 6.75 2004 3.00 to 1.00 October January 1, 2009 2005 through September 30December 31, 2010 6.50 to 1.00 October 1, 2010 through September 30, 2011 6.00 to 1.00 October 1, 2011 through September 30, 2012 5.50 2006 2.50 to 1.00 Thereafter 5.00 2.00 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of the last day end of any fiscal quarter of the Borrower (beginning with the fiscal quarter ending during a period September 30, 2008) set forth below to be greater than the ratio set forth below opposite such the applicable period belowending date: 100 Period Ending Date Leverage Ratio September 30, 2007 through March 2008 3.75:1.00 December 31, 2009 7.25 to 1.00 April 1, 2009 2008 through June 30, 2009 7.00 to 1.00 July 1, 2009 through 3.50:1.00 September 30, 2009 6.75 to 1.00 October 1through December 31, 2009 3.25:1.00 March 31, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 6.50 to 1.00 October 1through December 31, 2010 through September 30, 2011 6.00 to 1.00 October 12.75:1.00 March 31, 2011 through September 30December 31, 2011 2.50:1.00 March 31, 2012 5.50 to 1.00 Thereafter 5.00 to 1.00and thereafter 2.25:1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of on the last day of any fiscal quarter ending during a any period set forth below to be greater than the ratio set forth opposite such date or period below: Period Ratio ------ ----- September 30, 2007 2001 through December 31, 2001 3.50:1.0 March 31, 2009 7.25 to 1.00 April 1, 2009 2002 through June 30, 2009 7.00 to 1.00 July 1, 2009 through 2002 4.00:1.0 September 30, 2009 6.75 to 1.00 October 12002 3.75:1.0 December 31, 2009 2002 3.00:1.0 March 31, 2003 through June 30, 2003 3.50:1.0 September 30, 2010 6.50 to 1.00 October 12003 3.00:1.0 December 31, 2010 2003 2.50:1.0 March 31, 2004 through June 30, 2004 3.00:1.0 September 30, 2011 6.00 to 1.00 October 1, 2011 through September 30, 2012 5.50 to 1.00 Thereafter 5.00 to 1.002004 and thereafter 2.25:1.0

Maximum Leverage Ratio. Permit the The Leverage Ratio Ratio, as of the last day of any fiscal quarter ending during a 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 period belowfollowing: Period Fiscal Quarter Ending Ratio September 30, 2007 2006 4.75 to 1.00 December 31, 2006 through March 31, 2009 7.25 2007 4.50 to 1.00 April 1June 30, 2009 2007 through December 31, 2007 4.25 to 1.00 March 31, 2008 through June 30, 2009 7.00 2008 4.00 to 1.00 July 1, 2009 through September 30, 2009 6.75 2008 4.15 to 1.00 October 1December 31, 2009 through September 30, 2010 6.50 to 1.00 October 1, 2010 through September 30, 2011 6.00 to 1.00 October 1, 2011 through September 30, 2012 5.50 to 1.00 Thereafter 5.00 2008 and thereafter 5.75 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of the last day of any fiscal quarter (commencing with the fiscal quarter ending during a period set forth below on September 30, 2004) to be greater than the ratio set forth opposite such period below: Period Ratio September 30, 2007 ------ ----- Closing Date through March December 31, 2009 7.25 2005 4.25 to 1.00 April January 1, 2009 2006 through June 30, 2009 7.00 2006 4.00 to 1.00 July 1, 2009 2006 through September 30December 31, 2009 6.75 2006 3.75 to 1.00 October January 1, 2009 2007 through September 30December 31, 2010 6.50 2007 3.50 to 1.00 October January 1, 2010 2008 through September 30December 31, 2011 6.00 to 1.00 October 1, 2011 through September 30, 2012 5.50 2008 3.00 to 1.00 Thereafter 5.00 2.75 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of at the last day end of any fiscal quarter, commencing with the fiscal quarter ending during a period set forth below September 30, 2010, to be greater than the ratio set forth below opposite the applicable period during which such period belowfiscal quarter ends: Period Leverage Ratio September 30, 2007 through March 31, 2009 7.25 to 1.00 April 1, 2009 2010 through June 30, 2009 7.00 to 1.00 July 1, 2009 through September 30, 2009 6.75 to 1.00 October 1, 2009 through September 30, 2010 6.50 to 1.00 October 1, 2010 through 2011 3.50:1:00 September 30, 2011 6.00 to 1.00 October 1through June 30, 2011 through 2012 3.25:1:00 September 30, 2012 5.50 to 1.00 Thereafter 5.00 to 1.00through December 31, 2012 3.00:1:00 March 31, 2013 through December 31, 2013 2.75:1:00 March 31, 2014 and thereafter 2.50:1:00

Maximum Leverage Ratio. Permit the Leverage Ratio as of at the last day of any fiscal quarter ending during a in or around any period set forth below to be greater than the ratio set forth opposite such period below: Period Ratio September 30, 2007 through March 31, 2009 7.25 to 1.00 April 1, 2009 Restatement Date through June 30, 2009 7.00 2004 4.75 to 1.00 July 1, 2009 2004 through September 30December 15, 2009 6.75 2004 4.50 to 1.00 October 1December 16, 2009 2004 through September 30April 6, 2010 6.50 2005 4.25 to 1.00 October 1April 7, 2010 2005 through September 30April 5, 2011 6.00 2006 4.00 to 1.00 October 1April 6, 2011 2006 through September 30April 4, 2012 5.50 2007 3.50 to 1.00 April 5, 2007 through April 2, 2008 3.00 to 1.00 Thereafter 5.00 2.50 to 1.00

Maximum Leverage Ratio. Permit the The Leverage Ratio Ratio, as of the last day of any fiscal quarter ending during a 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 period belowfollowing: Period Fiscal Quarter Ending Ratio June 30, 2005 through December 31, 2005 5.00 to 1.00 March 31, 2006 through September 30, 2006 4.75 to 1.00 December 31, 2006 through March 31, 2007 4.50 to 1.00 June 30, 2007 through March December 31, 2009 7.25 to 1.00 April 1, 2009 through June 30, 2009 7.00 to 1.00 July 1, 2009 through September 30, 2009 6.75 to 1.00 October 1, 2009 through September 30, 2010 6.50 to 1.00 October 1, 2010 through September 30, 2011 6.00 to 1.00 October 1, 2011 through September 30, 2012 5.50 2007 4.25 to 1.00 Thereafter 5.00 4.00 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at any time during any period of four fiscal quarters of the last day of any fiscal quarter ending during a period 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 period belowperiod: Period Four Fiscal Quarters Ending Maximum Leverage Ratio Closing Date through March 30, 2004 3.75 to 1.00 March 31, 2004 through December 31, 2004 3.50 to 1.00 January 1, 2005 through September 29, 2005 3.25 to 1.00 September 30, 2007 through March 31, 2009 7.25 to 1.00 April 1, 2009 through June 30, 2009 7.00 to 1.00 July 1, 2009 through September 30, 2009 6.75 to 1.00 October 1, 2009 through September 30, 2010 6.50 to 1.00 October 1, 2010 through September 30, 2011 6.00 to 1.00 October 1, 2011 through September 30, 2012 5.50 to 1.00 Thereafter 5.00 2005 and each fiscal quarter thereafter 3.00 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of the last day of any fiscal quarter ending during a period set forth below to be greater than the ratio set forth opposite such period below: Period Ratio September 30, 2007 through March 31, 2009 7.25 to 1.00 April 1, 2009 through June 30, 2009 7.00 to 1.00 July 1, 2009 through September 30, 2009 6.75 to 1.00 October 1, 2009 through September 30, 2010 6.50 to 1.00 October 1, 2010 through September 30, 2011 6.00 to 1.00 October 1, 2011 through September 30, 2012 2013 5.50 to 1.00 Thereafter 5.00 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of at the last day of any fiscal quarter ending during a period set forth below to be greater than the applicable ratio set forth opposite such period below: Period Ratio Through September 30, 2007 through March 31, 2009 7.25 2005 3.75 to 1.00 April October 1, 2009 2005 through June 30, 2009 7.00 2006 3.50 to 1.00 July 1, 2009 2006 through September 30, 2009 6.75 2006 3.25 to 1.00 October 1, 2009 2006 through September 30December 31, 2010 6.50 2006 3.00 to 1.00 October January 1, 2010 2007 through September 30December 31, 2011 6.00 2007 2.75 to 1.00 October January 1, 2011 2008 through September 30December 31, 2012 5.50 2008 2.50 to 1.00 Thereafter 5.00 January 1, 2009 and thereafter 2.25 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of the last day of any period of four consecutive fiscal quarter quarters ending during a period on any date set forth below below, commencing with the period ending December 31, 2014 to be greater than the ratio set forth opposite such period below: Period Date Ratio December 31, 2014 4.50 to 1.00 March 31, 2015 4.50 to 1.00 June 30, 2015 4.50 to 1.00 September 30, 2007 through March 2015 4.50 to 1.00 December 31, 2009 7.25 to 1.00 April 1, 2009 through June 30, 2009 7.00 to 1.00 July 1, 2009 through September 30, 2009 6.75 to 1.00 October 1, 2009 through September 30, 2010 6.50 to 1.00 October 1, 2010 through September 30, 2011 6.00 to 1.00 October 1, 2011 through September 30, 2012 5.50 to 1.00 Thereafter 5.00 2015 and the last day of each fiscal quarter thereafter 3.00 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio Ratio, determined as of the last day of any fiscal quarter ending during of Borrower (measured on a period set forth below rolling four quarter basis for the trailing four fiscal quarters), to be greater than the ratio set forth opposite below for such period belowperiod: Four Fiscal Quarter Period Ending Leverage Ratio September 30March 31, 2007 through and including December 31, 2007 4.70 to 1.00 March 31, 2008 through and including December 31, 2008 4.35 to 1.00 March 31, 2009 7.25 through and including December 31, 2009 3.75 to 1.00 April 1, 2009 through June 30, 2009 7.00 to 1.00 July 1, 2009 through September 30, 2009 6.75 to 1.00 October 1, 2009 through September 30March 31, 2010 6.50 to 1.00 October 1, 2010 through September 30, 2011 6.00 to 1.00 October 1, 2011 through September 30, 2012 5.50 to 1.00 Thereafter 5.00 and each fiscal quarter thereafter 3.60 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of at the last day of any fiscal quarter ending during a in or around any period set forth below to be greater than the ratio set forth opposite such period below: Period Ratio September 30, 2007 ------ ----- Closing Date through March 31, 2009 7.25 2003 4.50 to 1.00 April 1, 2009 through June 30, 2009 7.00 to 1.00 July 1, 2009 2003 through September 30, 2009 6.75 2003 4.25 to 1.00 October 1, 2009 2003 through September 30, 2010 6.50 2004 4.00 to 1.00 68 October 1, 2004 through September 30, 2005 3.50 to 1.00 October 1, 2010 2005 through September 30, 2011 6.00 to 1.00 October 1, 2011 through September 30, 2012 5.50 2006 3.00 to 1.00 Thereafter 5.00 2.75 to 1.00

Maximum Leverage Ratio. Permit The Company shall not permit the Leverage Ratio as of for the last day of any fiscal quarter ending during a period set forth Fiscal Quarter to exceed the maximum Leverage Ratio specified below for such Fiscal Quarter: Fiscal Quarter ending: Leverage Ratio July 31, 2007 6.25 to be greater than the ratio set forth opposite such 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, 2007 through March 2008 6.80 to 1.0 July 31, 2008 6.80 to 1.0 October 31, 2008 6.70 to 1.0 January 31, 2009 7.25 6.25 to 1.00 1.0 April 1, 2009 through June 30, 2009 7.00 5.80 to 1.00 1.0 July 131, 2009 through September 305.50 to 1.0 October 31, 2009 6.75 5.25 to 1.00 October 11.0 January 31, 2009 through September 2010 4.75 to 1.0 April 30, 2010 6.50 4.50 to 1.00 October 11.0 July 31, 2010 through September 304.25 to 1.0 October 31, 2011 6.00 2010 and thereafter 3.75 to 1.00 October 1, 2011 through September 30, 2012 5.50 to 1.00 Thereafter 5.00 to 1.001.0”

Maximum Leverage Ratio. Permit the Leverage Ratio as of the last day Borrower at the end of any each fiscal quarter ending during a for the trailing four quarter period set forth below then ended to be greater more than the ratio set forth opposite such ratios indicated for each period specified below: Period Ratio Ending Ratios December 31, 2013 through December 31, 2014 2.75 to 1.0 March 31, 2015 3.25 to 1.0 June 30, 2015 3.75 to 1.0 September 30, 2007 through 2015 3.50 to 1.0 December 31, 2015 3.00 to 1.0 March 31, 2009 7.25 2016 and each fiscal quarter end thereafter 2.75 to 1.00 April 1, 2009 through June 30, 2009 7.00 to 1.00 July 1, 2009 through September 30, 2009 6.75 to 1.00 October 1, 2009 through September 30, 2010 6.50 to 1.00 October 1, 2010 through September 30, 2011 6.00 to 1.00 October 1, 2011 through September 30, 2012 5.50 to 1.00 Thereafter 5.00 to 1.001.0

Maximum Leverage Ratio. Permit the Leverage Ratio as of on the last day of any full fiscal quarter of the Company ending during a period with any fiscal quarter set forth below to be greater more than the ratio set forth opposite such period below: Period Fiscal Quarter Ending Leverage Ratio September 30, 2007 through March 2002 3.00 December 31, 2009 7.25 to 1.00 April 1, 2009 through June 30, 2009 7.00 to 1.00 July 1, 2009 through 2002 - September 30, 2009 6.75 to 1.00 October 12003 2.75 December 31, 2009 through September 30, 2010 6.50 to 1.00 October 1, 2010 through September 30, 2011 6.00 to 1.00 October 1, 2011 through September 30, 2012 5.50 to 1.00 Thereafter 5.00 to 1.002003 - and thereafter 2.50

Maximum Leverage Ratio. Permit the Leverage Ratio as of at the last day end of any fiscal quarter ending during a period set forth below to be greater than the ratio set forth opposite such period below: Period Ratio Closing Date through September 30, 2007 through March 31, 2009 7.25 7.00 to 1.00 April October 1, 2009 2007 through June 30, 2008 6.50 to 1.00 July 1, 2008 through June 30, 2009 7.00 6.25 to 1.00 July 1, 2009 through September 30, 2009 6.75 to 1.00 October 1, 2009 through September 30, 2010 6.50 to 1.00 October 1, 2010 through September 30, 2011 6.00 to 1.00 October 1, 2011 through September 30, 2012 5.50 5.75 to 1.00 Thereafter 5.00 4.75 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of the last day end of any fiscal quarter ending during a period set forth below to be greater than the ratio set forth opposite such period below: Period Ratio Closing Date through September 30, 2006 3.75:1.00 October 1, 2006 through September 30, 2007 through March 31, 2009 7.25 to 1.00 April 1, 2009 through June 30, 2009 7.00 to 1.00 July 1, 2009 through September 30, 2009 6.75 to 1.00 3.50:1.00 October 1, 2009 through September 30, 2010 6.50 to 1.00 October 1, 2010 through September 30, 2011 6.00 to 1.00 October 1, 2011 through September 30, 2012 5.50 to 1.00 Thereafter 5.00 to 1.002007 and thereafter 3.00:1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of at the last day end of any fiscal quarter ending during a period set forth below to be greater than the ratio set forth opposite such period below: Period Ratio September Closing Date through March 31, 2005 3.85 to 1.00 April 1, 2005 through June 30, 2005 3.75 to 1.00 July 1, 2005 through March 31, 2006 3.50 to 1.00 April 1, 2006 through March 31, 2007 3.25 to 1.00 April 1, 2007 through March 31, 2009 7.25 to 1.00 April 1, 2009 through June 30, 2009 7.00 to 1.00 July 1, 2009 through September 30, 2009 6.75 to 1.00 October 1, 2009 through September 30, 2010 6.50 to 1.00 October 1, 2010 through September 30, 2011 6.00 to 1.00 October 1, 2011 through September 30, 2012 5.50 2008 2.75 to 1.00 Thereafter 5.00 2.25 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of the last day of any fiscal quarter (commencing with the fiscal quarter ending as of December 31, 2003) ending during a any period set forth below to be greater than exceed the ratio set forth opposite such period below: Period Ratio ------ ----- Closing Date through and including September 30, 2007 through March 31, 2009 7.25 2006 3.25 to 1.00 April 1, 2009 through June 30, 2009 7.00 1.0 Thereafter 3.00 to 1.00 July 1, 2009 through September 30, 2009 6.75 to 1.00 October 1, 2009 through September 30, 2010 6.50 to 1.00 October 1, 2010 through September 30, 2011 6.00 to 1.00 October 1, 2011 through September 30, 2012 5.50 to 1.00 Thereafter 5.00 to 1.001.0

Maximum Leverage Ratio. Permit the Leverage Ratio as of the last day of any fiscal quarter ending during 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 period below: Period Ratio Closing Date through September 30, 2007 5.75:1.00 October 1, 2007 through March December 31, 2009 7.25 to 1.00 April 2007 5.50:1.00 January 1, 2008 through December 31, 2008 5.25:1.00 January 1, 2009 through June 30, 2009 7.00 to 1.00 5.00:1.00 July 1, 2009 through September 30December 31, 2009 6.75 to 1.00 October 1, 2009 through September 30, 2010 6.50 to 1.00 October 4.75:1.00 January 1, 2010 through September 30, 2011 6.00 to 1.00 2010 4.50:1.00 October 1, 2011 through September 30, 2012 5.50 to 1.00 Thereafter 5.00 to 1.002010 and thereafter 4.25:1.00

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 as of the last day of any fiscal quarter ending during a 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 period below: Period following Fiscal Quarter Leverage Ratio March 31, 2008, June 30, 2008 4.00:1.0 September 30, 2007 through 2008, December 31, 2008, March 31, 2009 7.25 to 1.00 April 1, 2009 through and June 30, 2009 7.00 to 1.00 July 1, 2009 through 3.75:1.0 September 30, 2009 6.75 to 1.00 October 12009, 2009 through December 31, 2009, March 31, 2010 and June 30, 2010 3.50:1.0 September 30, 2010 6.50 to 1.00 October 1, 2010 through September 30, 2011 6.00 to 1.00 October 1, 2011 through September 30, 2012 5.50 to 1.00 Thereafter 5.00 to 1.00and each Fiscal Quarter thereafter 3.25:1.0

Maximum Leverage Ratio. Permit the Leverage Ratio as of the last day of any fiscal quarter (commencing with the fiscal quarter ending as of December 31, 2003) ending during a any period set forth below to be greater than exceed the ratio set forth opposite such period below: Period Ratio Closing Date through and including September 30, 2007 through March 31, 2009 7.25 2006 3.25 to 1.00 April 1, 2009 through June 30, 2009 7.00 1.0 Thereafter 3.00 to 1.00 July 1, 2009 through September 30, 2009 6.75 to 1.00 October 1, 2009 through September 30, 2010 6.50 to 1.00 October 1, 2010 through September 30, 2011 6.00 to 1.00 October 1, 2011 through September 30, 2012 5.50 to 1.00 Thereafter 5.00 to 1.001.0

Maximum Leverage Ratio. Permit the Leverage Ratio as of the last day of any fiscal quarter ending during 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 period below: Period Ratio Closing Date through September 30, 2007 5.25:1.00 October 1, 2007 through March December 31, 2009 7.25 to 1.00 April 2007 5.00:1.00 January 1, 2008 through December 31, 2008 4.75:1.00 January 1, 2009 through June 30, 2009 7.00 to 1.00 4.50:1.00 July 1, 2009 through September 30December 31, 2009 6.75 to 1.00 October 1, 2009 through September 30, 2010 6.50 to 1.00 October 4.25:1.00 January 1, 2010 through September 30, 2011 6.00 to 1.00 2010 4.00:1.00 October 1, 2011 through September 30, 2012 5.50 to 1.00 Thereafter 5.00 to 1.002010 and thereafter 3.75:1.00

Maximum Leverage Ratio. Permit the The Leverage Ratio Ratio, as of the last day of any fiscal quarter ending during a 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 period belowfollowing: Period Fiscal Quarter Ending Ratio September 30, 2007 2006 4.75 to 1.00 December 31, 2006 through March 31, 2009 7.25 2007 4.50 to 1.00 April 1, 2009 through June 30, 2009 7.00 to 1.00 July 12007 through December 31, 2009 through September 30, 2009 6.75 to 1.00 October 1, 2009 through September 30, 2010 6.50 to 1.00 October 1, 2010 through September 30, 2011 6.00 to 1.00 October 1, 2011 through September 30, 2012 5.50 2007 4.25 to 1.00 Thereafter 5.00 4.00 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at any time during any period of four fiscal quarters of the last day of any fiscal quarter ending during a period 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 period belowperiod: Period Maximum Four Fiscal Quarters Ending Leverage Ratio September 30, 2007 2005 through December 31, 2005 4.50 to 1.00 March 31, 2009 7.25 to 1.00 April 1, 2009 through June 30, 2009 7.00 to 1.00 July 1, 2009 2006 through September 30, 2009 6.75 2006 4.25 to 1.00 October 1December 31, 2009 2006 through September 30December 31, 2010 6.50 2007 4.00 to 1.00 October 1March 31, 2010 through September 30, 2011 6.00 to 1.00 October 1, 2011 through September 30, 2012 5.50 to 1.00 Thereafter 5.00 2008 and each fiscal quarter thereafter 3.75 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of the last day of any fiscal quarter (commencing with the fiscal quarter ending during a period set forth below on September 30, 2004) to be greater than the ratio set forth opposite such period below: Period Ratio September 30, 2007 Closing Date through March December 31, 2009 7.25 2005 4.25 to 1.00 April January 1, 2009 2006 through June 30, 2009 7.00 2006 4.00 to 1.00 July 1, 2009 2006 through September 30December 31, 2009 6.75 2006 3.75 to 1.00 October January 1, 2009 2007 through September 30December 31, 2010 6.50 2007 3.50 to 1.00 October January 1, 2010 2008 through September 30December 31, 2011 6.00 to 1.00 October 1, 2011 through September 30, 2012 5.50 2008 3.00 to 1.00 Thereafter 5.00 2.75 to 1.00

Maximum Leverage Ratio. Permit The Company shall not permit the Leverage Ratio as of for the last day of any fiscal quarter ending during a period set forth Fiscal Quarter to exceed the maximum Leverage Ratio specified below for such Fiscal Quarter: Fiscal Quarter ending: Leverage Ratio January 31, 2006 7.0 to be greater than the ratio set forth opposite such period below: Period Ratio September 1.0 April 30, 2006 6.35 to 1.0 July 31, 2006 5.65 to 1.0 October 31, 2006 4.9 to 1.0 January 31, 2007 4.5 to 1.0 April 30, 2007 through March 4.2 to 1.0 July 31, 2009 7.25 2007 3.9 to 1.00 April 11.0 October 31, 2009 through June 302007 3.3 to 1.0 January 31, 2009 7.00 2008 and thereafter 2.5 to 1.00 July 1, 2009 through September 30, 2009 6.75 to 1.00 October 1, 2009 through September 30, 2010 6.50 to 1.00 October 1, 2010 through September 30, 2011 6.00 to 1.00 October 1, 2011 through September 30, 2012 5.50 to 1.00 Thereafter 5.00 to 1.001.0

Maximum Leverage Ratio. Permit the Leverage Ratio as of the last day end of any fiscal quarter of the Borrower (beginning with the fiscal quarter ending during a period September 30, 2011) set forth below to be greater than the ratio set forth below opposite such the applicable period belowending date: 105 Period Ending Date Leverage Ratio September 30, 2007 through March 31, 2009 7.25 to 1.00 April 1, 2009 2011 through June 30, 2009 7.00 to 1.00 July 1, 2009 through 2013 3.25:1.00 September 30, 2009 6.75 to 1.00 October 12013 through June 30, 2009 through 2014 3.00:1.00 September 30, 2010 6.50 to 1.00 October 1, 2010 through September 30, 2011 6.00 to 1.00 October 1, 2011 through September 30, 2012 5.50 to 1.00 Thereafter 5.00 to 1.002014 and thereafter 2.75:1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of the last day of any fiscal quarter ending on a date or during a period set forth below to be greater than the ratio set forth opposite such date or period below: Period Ratio September 30DATE OR PERIOD RATIO -------------- ----- From and including the Closing Date to and including 3.80 to 1.00 July 28, 2007 through March 312001 October 27, 2009 7.25 2001 3.70 to 1.00 From and including October 28, 2001 to and including 3.60 to 1.00 April 127, 2009 through June 30, 2009 7.00 to 1.00 July 1, 2009 through September 30, 2009 6.75 to 1.00 October 1, 2009 through September 30, 2010 6.50 to 1.00 October 1, 2010 through September 30, 2011 6.00 to 1.00 October 1, 2011 through September 30, 2012 5.50 to 1.00 Thereafter 5.00 to 1.002002

Maximum Leverage Ratio. Permit the Leverage Ratio as of the last day of any fiscal quarter (commencing with the fiscal quarter ending on March 31, 2004) ending during a period set forth below to be greater than the ratio set forth opposite such period below: Period Ratio September 30Closing Date through March 31, 2005 5.95 to 1.00 April 1, 2005 through March 31, 2006 5.90 to 1.00 April 1, 2006 through March 31, 2007 5.50 to 1.00 April 1, 2007 through March 31, 2008 5.00 to 1.00 April 1, 2008 through March 31, 2009 7.25 4.50 to 1.00 April 1, 2009 through June 30, 2009 7.00 to 1.00 July 1, 2009 through September 30, 2009 6.75 to 1.00 October 1, 2009 through September 30March 31, 2010 6.50 to 1.00 October 1, 2010 through September 30, 2011 6.00 to 1.00 October 1, 2011 through September 30, 2012 5.50 4.00 to 1.00 Thereafter 5.00 3.75 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at any time during any period of four fiscal quarters of the last day of any fiscal quarter ending during a period 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 period belowperiod: Period Four Fiscal Quarters Ending Maximum Leverage Ratio September Closing Date through March 30, 2006 4.00 to 1.00 March 31, 2006 through March 30, 2007 3.75 to 1.00 March 31, 2007 through March 30, 2008 3.50 to 1.00 March 31, 2009 7.25 to 1.00 April 1, 2009 through June 30, 2009 7.00 to 1.00 July 1, 2009 through September 30, 2009 6.75 to 1.00 October 1, 2009 through September 30, 2010 6.50 to 1.00 October 1, 2010 through September 30, 2011 6.00 to 1.00 October 1, 2011 through September 30, 2012 5.50 to 1.00 Thereafter 5.00 2008 and each fiscal quarter thereafter 3.25 to 1.00