Common use of Maximum Ratio of Funded Debt to EBITDA Clause in Contracts

Maximum Ratio of Funded Debt to EBITDA. Maintain a ratio of Funded Debt to EBITDA of not more than: (a) 2.75 to 1.00 for the period of four (4) consecutive fiscal quarters ending on December 18, 2002; (b) 2.25 to 1.00 for the periods of four (4) consecutive fiscal quarters ending on April 9, 2003, and on July 2, 2003; and (c) 2.00 to 1.00 for the period of four (4) consecutive fiscal quarters ending on September 24, 2003, and as of the end of each period of four (4) consecutive fiscal quarters ending thereafter.

Maximum Ratio of Funded Debt to EBITDA. Maintain a ratio of Funded Debt to EBITDA of not more than: (a) 2.75 to 1.00 for the For each period of four (4) consecutive fiscal quarters ending on December 18, 2002; (b) 2.25 to 1.00 for the periods of four (4) consecutive fiscal quarters ending on April 9, 2003, and on July 2, 2003; and (c) 2.00 to 1.00 for commencing with the period of four (4) consecutive fiscal quarters ending on September 2430, 20032002, and as maintain a ratio of the end of each period of four (4) consecutive fiscal quarters ending thereafterFunded Debt to EBITDA not exceeding 2.00 to 1.00.

Maximum Ratio of Funded Debt to EBITDA. Maintain a ratio For each period of Funded Debt to EBITDA of not more than: four (a4) 2.75 to 1.00 for consecutive fiscal quarters commencing with the period of four (4) consecutive fiscal quarters ending on December 1828, 2002; (b) 2.25 2004, maintain a ratio of Funded Debt to 1.00 for the periods EBITDA of four (4) consecutive fiscal quarters ending on April 9, 2003, and on July 2, 2003; and (c) 2.00 not more than 4.00 to 1.00 for the period of four (4) consecutive fiscal quarters ending on September 24, 2003, and as of the end of each period of four (4) consecutive fiscal quarters ending thereafter1.00.

Maximum Ratio of Funded Debt to EBITDA. Maintain a ratio of Funded Debt to EBITDA of not more than: (a) 2.75 to 1.00 for the period of four (4) consecutive fiscal quarters ending on December 18, 2002; (b) 2.25 to 1.00 for the periods of four (4) consecutive fiscal quarters ending on April 9, 2003, and on July 2, 2003; and (c) 2.00 to 1.00 for the period of four (4) consecutive fiscal quarters ending on September 24, 2003, and as As of the end of each period of four (4) consecutive fiscal quarters ending thereafteras of the last day of each fiscal quarter, the Company shall maintain a ratio of Funded Debt to EBITDA of not more than 4.75 to 1.00. On and after the date of the Ninth Amendment, for purposes of calculating EBITDA, the calculation of earnings shall exclude a one-time, non-cash impairment charge of up to $17,500,000 pre-tax taken during the Company’s third fiscal quarter in 2008.

Maximum Ratio of Funded Debt to EBITDA. Maintain a ratio of Funded Debt to EBITDA of not more than: (a) 2.75 to 1.00 for the period of four (4) consecutive fiscal quarters ending on December 18, 2002; (b) 2.25 to 1.00 for the periods of four (4) consecutive fiscal quarters ending on April 9, 2003, and on July 2, 2003; and (c) 2.00 to 1.00 for the period of four (4) consecutive fiscal quarters ending on September 24, 2003, and as As of the end of each period of four (4) consecutive fiscal quarters ending thereafteras of the last day of each fiscal quarter commencing with the period of four (4) consecutive fiscal quarters ending on April 9, 2008, the Company shall maintain a ratio of Funded Debt to EBITDA of not more than 4.75 to 1.00.