Common use of Minimum Adjusted EBITDA Clause in Contracts

Minimum Adjusted EBITDA. The Parent and its Subsidiaries, on a consolidated basis, will be required to maintain a minimum Adjusted EBITDA which will be measured quarterly on a rolling four quarter basis as follows: Each Quarter Ending During the Period Minimum TTM Adjusted EBITDA December 31, 2005 through December 30, 2006 $17.5 million December 31, 2006 through June 29, 2007 $18.8 million June 30, 2007 through December 30, 2007 $32.0 million December 31, 2007 through December 30, 2008 $40.0 million December 31, 2008 through December 30, 2009 $44.0 million December 31, 2009 through Maturity $57.0 million

Minimum Adjusted EBITDA. The Parent and its Subsidiaries, on a consolidated basis, will be required to maintain a minimum Adjusted EBITDA which will be measured quarterly on a rolling four quarter basis as follows: Each Quarter Ending During the Period Minimum TTM Adjusted EBITDA December 31, 2005 through December 30, 2006 $$ 17.5 million December 31, 2006 through June 29, 2007 $18.8 million June 30, 2007 through December 30, 2007 $32.0 $ 18.8 million December 31, 2007 through December 30, 2008 $40.0 $ 23.9 million December 31, 2008 through December 30, 2009 $44.0 $ 33.7 million December 31, 2009 through Maturity $57.0 $ 49.2 million

Minimum Adjusted EBITDA. The Parent and its Subsidiaries, on a consolidated basis, will be required to maintain a minimum Adjusted EBITDA which will be measured quarterly on a rolling four quarter basis as follows: Each Quarter Ending During the Period Minimum TTM Adjusted EBITDA January 1, 2010 through December 31, 2005 2010 $53 million January 1, 2011 through December 30, 2006 $17.5 million December 31, 2006 2011 $55 million January 1, 2012 through June 29, 2007 $18.8 million June 30, 2007 through December 30, 2007 $32.0 million December 31, 2007 2012 $57 million January 1, 2013 through December 30, 2008 $40.0 million December 31, 2008 2013 $65 million January 1, 2014 through December 30, 2009 $44.0 million December 31, 2009 2014 $75 million January 1, 2015 through Maturity Date $57.0 85 million

Minimum Adjusted EBITDA. The Parent and its Subsidiaries, on a consolidated basis, will be required to maintain a minimum Adjusted EBITDA which will be measured quarterly on a rolling four quarter basis as follows: Each Quarter Ending During the Period Minimum TTM Adjusted EBITDA January 1, 2011 through December 31, 2005 2011 $ 57 million January 1, 2012 through December 30, 2006 $17.5 million December 31, 2006 through June 292012 $ 68 million January 1, 2007 $18.8 million June 30, 2007 through December 30, 2007 $32.0 million December 31, 2007 through December 30, 2008 $40.0 million December 31, 2008 through December 30, 2009 $44.0 million December 31, 2009 2013 through Maturity $57.0 Date $ 75 million

Minimum Adjusted EBITDA. The Parent and its Subsidiaries, on a consolidated basis, will be required to maintain a minimum Adjusted EBITDA which will be measured quarterly on a rolling four quarter basis as follows: Each Quarter Ending During the Period Minimum TTM Adjusted EBITDA December 31, 2005 2009 $ 44.0 million January 1, 2010 through December 30, 2006 $17.5 2010 $ 51 million December 31, 2006 2010 through June 29, 2007 $18.8 million June 30, 2007 through December 30, 2007 $32.0 million December 31, 2007 through December 30, 2008 $40.0 million December 31, 2008 through December 30, 2009 $44.0 million December 31, 2009 through the Maturity $57.0 Date $ 53 million

Minimum Adjusted EBITDA. The Parent and its Subsidiaries, on a consolidated basis, will be required to maintain a minimum Adjusted EBITDA which will be measured quarterly on a rolling four quarter basis as follows: Each Quarter Ending During the Period Minimum TTM Adjusted EBITDA January 1, 2011 through December 31, 2005 2011 $57 million January 1, 2012 through December 30, 2006 $17.5 million December 31, 2006 through June 292012 $68 million January 1, 2007 $18.8 million June 30, 2007 through December 30, 2007 $32.0 million December 31, 2007 through December 30, 2008 $40.0 million December 31, 2008 through December 30, 2009 $44.0 million December 31, 2009 2013 through Maturity Date $57.0 75 million