Common use of Maximum Senior Leverage Clause in Contracts

Maximum Senior Leverage. (i) The Borrower and its consolidated Subsidiaries shall not permit the ratio (the “Senior Leverage Ratio”) of (i) the aggregate unpaid principal amount of Senior Debt as of last day of any Fiscal Quarter ending during the periods described below to (ii) Adjusted Consolidated EBITDA for the four (4) consecutive Fiscal Quarter period ending as of such date, to exceed the corresponding ratio set forth below opposite such period: Period Ratio January 1, 2006 through and including December 31, 2006 2.00 to 1.00 January 1, 2007 through and including December 31, 2007 1.75 to 1.00 January 1, 2008 through and including December 31, 2008 1.50 to 1.00 January 1, 2009 through and thereafter 1.25 to 1.00

Maximum Senior Leverage. (i) The Borrower Guarantor and its consolidated Subsidiaries shall not permit the ratio (the “Senior Leverage Ratio”) of (i) the aggregate unpaid principal amount of Senior Debt as of the last day of any Fiscal Quarter ending during the periods described below to (ii) Adjusted Consolidated EBITDA for the four (4) consecutive Fiscal Quarter period ending as of such date, to exceed the corresponding ratio set forth below opposite such period: Period Ratio January 1, 2004 through and including December 31, 2004 2.50 to 1.00 January 1, 2005 through and including December 31, 2005 2.25 to 1.00 January 1, 2006 through and including December 31, 2006 2.00 to 1.00 January 1, 2007 through and including December 31, 2007 1.75 to 1.00 January 1, 2008 through and including December 31, 2008 1.50 to 1.00 January 1, 2009 through and thereafter 1.25 to 1.00

Maximum Senior Leverage. (i) The Borrower and its consolidated Subsidiaries shall not permit the ratio (the “Senior Leverage Ratio”) of (i) the aggregate unpaid principal amount of Senior Debt as of last day of any Fiscal Quarter ending during the periods described below to (ii) Adjusted Consolidated EBITDA for the four (4) consecutive Fiscal Quarter period ending as of such date, to exceed the corresponding ratio set forth below opposite such period: Period Ratio December 31, 2003 through and including December 31, 2004 2.50 to 1.00 January 1, 2005 through and including December 31, 2005 2.25 to 1.00 January 1, 2006 through and including December 31, 2006 2.00 to 1.00 January 1, 2007 through and including December 31, 2007 1.75 to 1.00 January 1, 2008 through and including December 31, 2008 1.50 to 1.00 January 1, 2009 through and thereafter 1.25 to 1.00

Maximum Senior Leverage. (i) The Borrower Before the occurrence of a Financial Covenant Restoration Date, the Guarantor and its consolidated Subsidiaries shall not permit the ratio (the “Senior Leverage Ratio”) of (i) the aggregate unpaid principal amount of Senior Debt as of last day of any Fiscal Quarter ending during the periods described below to (ii) Adjusted Consolidated EBITDA for the four (4) consecutive Fiscal Quarter period ending as of such date, to exceed the corresponding ratio set forth below opposite such period: Period Ratio October 1, 2004 through and including December 31, 2004 3.00 to 1.00 January 1, 2005 through and including March 31, 2005 3.50 to 1.00 April 1, 2005 through and including June 30, 2005 3.00 to 1.00 July 1, 2005 through and including September 30, 2005 2.50 to 1.00 October 1, 2005 through and including March 31, 2006 2.25 to 1.00 April 1, 2006 through and including December 31, 2006 2.00 to 1.00 January 1, 2007 through and including December 31, 2007 1.75 to 1.00 January 1, 2008 through and including December 31, 2008 1.50 to 1.00 January 1, 2009 through and thereafter 1.25 to 1.00