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

Maximum Ratio of Funded Debt to EBITDA. As of the end of each period of four (4) consecutive fiscal quarters ending as 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.

Maximum Ratio of Funded Debt to EBITDA. As 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 as 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 1.00thereafter.

Maximum Ratio of Funded Debt to EBITDA. As of the end of each period of four (4) consecutive fiscal quarters ending as of the last day of each fiscal quarter commencing with the period of four (4) consecutive fiscal quarters ending on April 9, 2008quarter, 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. As of the end of For each period of four (4) consecutive fiscal quarters ending as of the last day of each fiscal quarter commencing with the period of four (4) consecutive fiscal quarters ending on April 9December 28, 20082004, the Company shall maintain a ratio of Funded Debt to EBITDA of not more than 4.75 4.00 to 1.00.

Maximum Ratio of Funded Debt to EBITDA. As of the end of For each period of four (4) consecutive fiscal quarters ending as of the last day of each fiscal quarter commencing with the period of four (4) consecutive fiscal quarters ending on April 9September 30, 20082002, the Company shall maintain a ratio of Funded Debt to EBITDA of not more than 4.75 exceeding 2.00 to 1.00.