Common use of Maximum Senior Debt Ratio Clause in Contracts

Maximum Senior Debt Ratio. Effective upon the incurrence by any Company of Funded Debt in the amount of $100,000,000 or more which is contractually subordinated or junior in right of payment to the Obligation, Borrower shall not permit the ratio, as of the last day of each fiscal quarter of Borrower listed below, of Senior Debt as of such date to EBITDA for the four fiscal quarters ended on such date to exceed the ratio set forth below opposite such day: October 31, 1998 4.50 to 1.00 January 31, 1999 3.25 to 1.00 April 30, 1999 3.25 to 1.00 July 31, 1999 3.25 to 1.00 October 31, 1999 3.25 to 1.00 January 31, 2000 3.00 to 1.00 April 30, 2000 3.00 to 1.00 July 31, 2000 3.00 to 1.00 October 31, 2000 3.00 to 1.00 January 31, 2001 2.75 to 1.00 April 30, 2001 2.75 to 1.00 July 31, 2001 2.75 to 1.00 October 31, 2001 2.75 to 1.00 Thereafter 2.50 to 1.00

Maximum Senior Debt Ratio. Effective upon the incurrence by any Company of Funded Debt in the amount of $100,000,000 or more which is contractually subordinated or junior in right of payment to the Obligation, Borrower shall not Not permit the ratio, as of Senior Debt ------------------------- Ratio for the 12-month period ending on the last day of each fiscal quarter of Borrower listed below, of Senior Debt as of such date to EBITDA for the four fiscal quarters ended on such date month set forth below to exceed the ratio set forth below opposite next to such daymonth: October MONTH ENDING SENIOR DEBT RATIO Oct. 31, 1998 4.50 2003 18.90 to 1.00 January Nov. 30, 2003 42.30 to 1.00 Dec. 31, 1999 3.25 2003 128.70 to 1.00 Jan. 31, 2004 95.10 to 1.00 Feb. 29, 2004 47.40 to 1.00 March 31, 2004 39.10 to 1.00 April 30, 1999 3.25 2004 36.90 to 1.00 May 31, 2004 33.30 to 1.00 June 30, 2004 20.80 to 1.00 July 31, 1999 3.25 2004 15.70 to 1.00 October August 31, 1999 3.25 2004 11.50 to 1.00 January Sept. 30, 2004 9.80 to 1.00 Oct. 31, 2000 3.00 2004 8.60 to 1.00 Nov. 30, 2004 7.60 to 1.00 Dec. 31, 2004 7.50 to 1.00 Jan. 31, 2005 7.20 to 1.00 Feb. 28, 2005 6.60 to 1.00 March 31, 2005 6.20 to 1.00 April 30, 2000 3.00 2005 6.00 to 1.00 July May 31, 2000 3.00 2005 5.80 to 1.00 October 31, 2000 3.00 to 1.00 January 31, 2001 2.75 to 1.00 April June 30, 2001 2.75 to 1.00 July 31, 2001 2.75 to 1.00 October 31, 2001 2.75 to 1.00 Thereafter 2.50 2005 5.60 to 1.00"

Maximum Senior Debt Ratio. Effective upon the incurrence by any Company of Funded Debt in the amount of $100,000,000 or more which is contractually subordinated or junior in right of payment to the Obligation, Borrower shall not Not permit the ratio, as of Senior Debt ------------------------- Ratio for the 12-month period ending on the last day of each fiscal quarter of Borrower listed below, of Senior Debt as of such date to EBITDA for the four fiscal quarters ended on such date month set forth below to exceed the ratio set forth below opposite next to such daymonth: October MONTH ENDING SENIOR DEBT RATIO June 30, 2003 5.00 to 1.00 July 31, 1998 4.50 2003 8.00 to 1.00 January August 31, 1999 3.25 2003 10.00 to 1.00 Sept. 30, 2003 11.00 to 1.00 Oct. 31, 2003 14.50 to 1.00 Nov. 30, 2003 18.50 to 1.00 Dec. 31, 2003 21.00 to 1.00 Jan. 31, 2004 14.50 to 1.00 Feb. 29, 2004 10.50 to 1.00 March 31, 2004 9.00 to 1.00 April 30, 1999 3.25 2004 8.00 to 1.00 May 31, 2004 7.00 to 1.00 June 30, 2004 5.50 to 1.00 July 31, 1999 3.25 2004 5.00 to 1.00 October Aug. 31, 1999 3.25 2004 4.50 to 1.00 January Sept. 30, 2004 4.00 to 1.00 Oct. 31, 2000 3.00 to 1.00 April 30, 2000 3.00 to 1.00 July 31, 2000 3.00 to 1.00 October 31, 2000 3.00 to 1.00 January 31, 2001 2.75 to 1.00 April 30, 2001 2.75 to 1.00 July 31, 2001 2.75 to 1.00 October 31, 2001 2.75 to 1.00 Thereafter 2.50 2004 and each month ending thereafter 4.00 to 1.00"