Common use of Minimum Adjusted EBITDA Clause in Contracts

Minimum Adjusted EBITDA. At each fiscal quarter-end set forth below, an Adjusted EBITDA in excess of the Minimum Adjusted EB1TDA set forth adjacent to such fiscal quarter-end: Fiscal Quarter-End Minimum Adjusted EBITDA ------------------ ----------------------- June 30, 2000 $1,760,000 September 30, 2000 $1,501,000 December 31, 2000 $1,494,000 From and after March 31, 2001 $1,791,000

Minimum Adjusted EBITDA. At each Permit Adjusted EBITDA as of the end of any fiscal quarter-end quarter to be less than the amount set forth below, an Adjusted EBITDA in excess of the Minimum Adjusted EB1TDA set forth adjacent to below opposite such fiscal quarter-end: Fiscal Quarter-End Minimum quarter calculated quarterly on a trailing four (4) quarter basis (except as otherwise provided in the definition of Adjusted EBITDA ------------------ ----------------------- June EBITDA): Four Quarters Ending Amount January 31, 2012 and each April 30, 2000 $1,760,000 September 30, 2000 $1,501,000 December July 31, 2000 $1,494,000 From and after March October 31, 2001 $1,791,000and January 31 thereafter $ 3,500,000

Minimum Adjusted EBITDA. At each Permit Adjusted EBITDA as of the end of any fiscal quarter-end quarter to be less than the amount set forth below, an Adjusted EBITDA in excess of the Minimum Adjusted EB1TDA set forth adjacent to below opposite such fiscal quarter-end: Fiscal Quarter-End Minimum quarter calculated quarterly on a trailing four (4) quarter basis (except as otherwise provided in the definition of Adjusted EBITDA ------------------ ----------------------- June EBITDA): January 31, 2014 and eachApril 30, 2000 2014, July 31,October 31 and January 31thereafter; $1,760,000 September 305,000,000 provided, 2000 $1,501,000 December however, that this Section 5.3 shall not be applicable with respect to the fiscal quarter ended October 31, 2000 $1,494,000 From and after March 31, 2001 $1,791,0002013.

Minimum Adjusted EBITDA. At each Permit Adjusted EBITDA as of the end of any fiscal quarter-end quarter to be less than the amount set forth below, an Adjusted EBITDA in excess of the Minimum Adjusted EB1TDA set forth adjacent to below opposite such fiscal quarter-end: Fiscal Quarter-End Minimum quarter calculated quarterly on a trailing four (4) quarter basis (except as otherwise provided in the definition of Adjusted EBITDA ------------------ ----------------------- June EBITDA): January 31, 2012 and each April 30, 2000 $1,760,000 September 30, 2000 $1,501,000 December July 31, 2000 $1,494,000 From and after March October 31, 2001 and January 31 thereafter $1,791,0003,500,000