Common use of Minimum Consolidated EBITDA Clause in Contracts

Minimum Consolidated EBITDA. Borrower and its Consolidated Subsidiaries shall have, as of the last day of each Fiscal Quarter set forth below, Consolidated EBITDA for the four Fiscal Quarters ending on such day of not less than the following: December 31, 2013 $40,000,000 March 31, 2014 $46,000,000 June 30, 2014 $52,000,000 September 30, 2014 $56,750,000 December 31, 2014 $60,000,000 March 31, 2015 $63,000,000 June 30, 2015 and thereafter $66,000,000

Minimum Consolidated EBITDA. The Borrower and its Consolidated Subsidiaries shall have, as of the last day of each Fiscal Quarter set forth below, will not permit Consolidated EBITDA for the four Fiscal Quarters ending on such day of not any fiscal quarter set forth below to be less than the followingamount set forth below opposite such fiscal quarter: Period Amount April 1, 2002 to and including June 30, 2002 - $27,000,000 July 1, 2002 to and including September 30, 2002 $0 October 1, 2002 to and including December 31, 2013 2002 $40,000,000 9,000,000 January 1, 2003 to and including March 31, 2014 2003 $46,000,000 June 30, 2014 $52,000,000 September 30, 2014 $56,750,000 December 31, 2014 $60,000,000 March 31, 2015 $63,000,000 June 30, 2015 and thereafter $66,000,00045,000,000

Minimum Consolidated EBITDA. The Borrower and its Consolidated Subsidiaries shall have, as of the last day of each Fiscal Quarter set forth below, not permit Consolidated EBITDA for the any period of four Fiscal Quarters consecutive fiscal quarters ending on such day of not with any fiscal quarter referred to below to be less than the followingamount set forth below with respect to such quarter: December 31, 2013 Third Quarter of Fiscal Year 2006 $40,000,000 March 31, 2014 625,000,000 Fourth Quarter of Fiscal Year 2006 $46,000,000 June 30, 2014 490,000,000 First Quarter of Fiscal Year 2007 $52,000,000 September 30, 2014 $56,750,000 December 31, 2014 $60,000,000 March 31, 2015 $63,000,000 June 30, 2015 and thereafter $66,000,000550,000,000”

Minimum Consolidated EBITDA. Borrower and its Consolidated Subsidiaries shall have, as As of the last day of each Fiscal Quarter fiscal quarter set forth below (each, a “Calculation Date”), the Borrower and its Subsidiaries will not permit its Consolidated EBITDA to be less than the corresponding amount set forth opposite such Calculation Date for the period set forth below: June 30, Consolidated EBITDA for 2020 For the four Fiscal Quarters ending on such day of not less than two trailing consecutive fiscal quarters, at least $6,500,000 September 30, 2020 For the following: fiscal quarter ended September 30, 2020, at least $4,000,000 December 31, 2013 $40,000,000 March 31, 2014 $46,000,000 June 30, 2014 $52,000,000 September 30, 2014 $56,750,000 2020 For the fiscal quarter ended December 31, 2014 2020, at least $60,000,000 March 31, 2015 $63,000,000 June 30, 2015 and thereafter $66,000,0002,000,000

Minimum Consolidated EBITDA. The Borrower and its will not permit at any time Consolidated Subsidiaries shall haveEBITDA, determined as of the last day end of each Fiscal Quarter of its fiscal quarters set forth below for the applicable measurement period set forth below ending with the end of such fiscal quarter to be less than the applicable amount set forth below: March 31, Consolidated EBITDA for the four Fiscal Quarters ending on such day of not less than the following: 2003 4 fiscal quarters $23,000,000 June 30, 2003 4 fiscal quarters $23,000,000 September 30, 2003 4 fiscal quarters $25,000,000 December 31, 2013 2003 4 fiscal quarters $40,000,000 35,000,000 March 31, 2014 2004 and each fiscal quarter thereafter 4 fiscal quarters $46,000,000 June 30, 2014 $52,000,000 September 30, 2014 $56,750,000 December 31, 2014 $60,000,000 March 31, 2015 $63,000,000 June 30, 2015 and thereafter $66,000,00045,000,000

Minimum Consolidated EBITDA. The Borrower and its Consolidated Subsidiaries shall have, as of the last day of each Fiscal Quarter set forth below, will not permit --------------------------- Consolidated EBITDA for any fiscal quarter of the four Fiscal Quarters ending on such day of not Borrower set forth below to be less than the followingrespective amount set forth opposite such fiscal quarter below: December Fiscal Quarter Ending Amount --------------------- ------ April 30, 1999 $11,000,000 July 31, 2013 1999 $40,000,000 March 12,000,000 October 31, 2014 1999 $46,000,000 June 14,000,000 January 31, 2000 $16,600,000 April 30, 2014 2000 $52,000,000 September 30, 2014 $56,750,000 December 18,600,000 July 31, 2014 2000 $60,000,000 March 31, 2015 $63,000,000 June 30, 2015 and thereafter $66,000,00020,600,000

Minimum Consolidated EBITDA. Borrower and its Consolidated Subsidiaries Company shall have, as of the last day of each Fiscal Quarter set forth below, not permit Consolidated EBITDA for (i) the three Fiscal Quarter period ended January 31, 2003 to be less than $12,000,000 and (ii) the four Fiscal Quarters ending Quarter period ended on such day any of not the dates set forth below to be less than the followingcorrelative amount indicated: December April 30, 2003 $ 16,000,000 July 31, 2013 $40,000,000 March 2003 $ 17,000,000 October 31, 2014 $46,000,000 June 2003 $ 18,000,000 January 31, 2004 $ 21,000,000 April 30, 2014 $52,000,000 September 30, 2014 $56,750,000 December 2004 $ 23,000,000 July 31, 2014 $60,000,000 March 31, 2015 $63,000,000 June 30, 2015 2004 and thereafter $66,000,000$ 25,000,000

Minimum Consolidated EBITDA. The Borrower and its Consolidated Subsidiaries shall have, as of the last day of each Fiscal Quarter set forth below, will not permit Consolidated EBITDA for the four Fiscal Quarters ending on such day of not any period set forth below to be less than the followingamount set forth opposite such period: December 31, 2013 $40,000,000 March 31, 2014 $46,000,000 Period Amount ------ ------ June 30, 2014 $52,000,000 September 302001 to and including March 29, 2014 $56,750,000 December 31, 2014 $60,000,000 March 31, 2015 $63,000,000 $ 0.0 2002 June 30, 2015 2001 to and thereafter including June 28, 2002 $ 35,000,000 September 29, 2001 to and including 80,000,000 September 27, 2002 January 1, 2002 to and including December $66,000,000120,000,000 31, 2002 March 29, 2002 to and including March 28, $140,000,000 2003 June 29, 2002 to and including June 27, $160,000,000 2003 September 28, 2002 to and including $180,000,000 September 26, 2003 January 1, 2003 to and including December $200,000,000 31, 2003

Minimum Consolidated EBITDA. The Borrower and its shall generate Consolidated Subsidiaries shall have, EBITDA in an amount greater than or equal to the amounts set forth on the chart below as of the last day end of each Fiscal Quarter the applicable period of four consecutive fiscal quarters as set forth below: March 31, Consolidated EBITDA for the four Fiscal Quarters ending on such day of not less than the following: 2007 $40,000,000 June 30, 2007 $45,000,000 September 30, 2007 $50,000,000 December 31, 2013 $40,000,000 March 31, 2014 $46,000,000 June 30, 2014 $52,000,000 September 30, 2014 $56,750,000 December 31, 2014 2007 $60,000,000 March 31, 2015 2008 $63,000,000 65,000,000 June 30, 2015 2008 and thereafter $66,000,00070,000,000 " SECTION 10. Section 6.19

Minimum Consolidated EBITDA. The Borrower and its Consolidated Subsidiaries shall have, as of the last day of each Fiscal Quarter set forth below, will not permit Consolidated EBITDA for the four Fiscal Quarters ending on such day of not any fiscal period set forth below to be less than the followingamount set forth below opposite such fiscal period: December 31, 2013 $40,000,000 March 31, 2014 $46,000,000 June 30, 2014 $52,000,000 September 30, 2014 $56,750,000 December 31, 2014 $60,000,000 March 31, 2015 $63,000,000 June 30, 2015 and thereafter $66,000,0001/1/01 - 6/30/01 $ 3,000,000 1/1/01 - 9/30/01 $ 22,000,000

Minimum Consolidated EBITDA. Borrower and its Consolidated Subsidiaries shall have, as As of the last day of each Fiscal Quarter fiscal quarter set forth below (each, a “Calculation Date”), the Borrower and its Subsidiaries will not permit its Consolidated EBITDA to be less than the corresponding amount set forth opposite such Calculation Date for the period set forth below, Consolidated EBITDA for the four Fiscal Quarters ending on such day of not less than the following: December 31, 2013 $40,000,000 March 31, 2014 $46,000,000 June 30, 2014 2022 For the fiscal quarter ended June 30, 2022, at least $52,000,000 3,000,000 September 30, 2014 $56,750,000 December 31, 2014 $60,000,000 March 31, 2015 $63,000,000 June 2022 For the fiscal quarter ended September 30, 2015 and thereafter 2022, at least $66,000,0003,000,000

Minimum Consolidated EBITDA. The Borrower and its will not permit Consolidated Subsidiaries shall have, EBITDA to be less than the amount set forth below as of the last day of each Fiscal Quarter the fiscal quarter set forth belowopposite such amount: March 31, Consolidated EBITDA for the four Fiscal Quarters ending on such day of not less than the following: 2001 $18,800,000 June 30, 2001 $21,000,000 September 30, 2001 $23,000,000 December 31, 2013 2001 $40,000,000 29,700,000 March 31, 2014 2002 $46,000,000 30,000,000 June 30, 2014 2002 $52,000,000 31,000,000 September 30, 2014 2002 $56,750,000 33,000,000 December 31, 2014 2002 $60,000,000 33,000,000 March 31, 2015 2003 $63,000,000 33,000,000 June 30, 2015 and thereafter 2003 $66,000,00033,000,000".

Minimum Consolidated EBITDA. The Borrower and its Consolidated Subsidiaries shall have, as of the last day of each Fiscal Quarter set forth below, will not permit Consolidated EBITDA for the four Fiscal Quarters ending on such day of not any fiscal quarter set forth below to be less than the followingamount set forth below opposite such fiscal quarter: Period Amount ------ ------ April 1, 2002 to and including June 30, 2002 - $27,000,000 July 1, 2002 to and including September 30, 2002 $ 0 October 1, 2002 to and including December 31, 2013 $40,000,000 2002 $ 9,000,000 January 1, 2003 to and including March 31, 2014 2003 $46,000,000 June 30, 2014 $52,000,000 September 30, 2014 $56,750,000 December 31, 2014 $60,000,000 March 31, 2015 $63,000,000 June 30, 2015 and thereafter $66,000,00045,000,000

Minimum Consolidated EBITDA. The Borrower and its will not permit Consolidated Subsidiaries shall have, EBITDA to be less than the amount set forth below as of the last day of each Fiscal Quarter the fiscal quarter set forth belowopposite such amount: June 30, Consolidated EBITDA for the four Fiscal Quarters ending on such day of not less than the following: 2000 $28,000,000 September 30, 2000 $28,000,000 December 31, 2013 2000 $40,000,000 28,000,000 March 31, 2014 2001 $46,000,000 28,000,000 June 30, 2014 2001 $52,000,000 28,000,000 September 30, 2014 2001 $56,750,000 30,000,000 December 31, 2014 2001 $60,000,000 30,000,000 March 31, 2015 2002 $63,000,000 30,000,000 June 30, 2015 and thereafter 2002 $66,000,00030,000,000 September 30, 2002 $32,000,000 December 31, 2002 $32,000,000 March 31, 2003 $32,000,000 June 30, 2003 $32,000,000

Minimum Consolidated EBITDA. The Borrower and its Consolidated Subsidiaries shall have, as of the last day of each Fiscal Quarter set forth below, will not permit Consolidated EBITDA for the four Fiscal Quarters ending on such day of not any period set forth below to be less than the followingamount set forth below opposite such period: Period Amount ------ ------------ Fiscal Quarter Ending March 31, 2001 $-21,000,000 Fiscal Quarter Ending June 30, 2001 0 Fiscal Quarter Ending September 30, 2001 5,000,000 Fiscal Quarter Ending December 31, 2013 $40,000,000 March 31, 2014 $46,000,000 June 30, 2014 $52,000,000 September 30, 2014 $56,750,000 December 31, 2014 $60,000,000 March 31, 2015 $63,000,000 June 30, 2015 and thereafter $66,000,0002001 7,500,000" (o) Section 6.17 of the Credit Agreement is hereby amended to read in its entirety as follows:

Minimum Consolidated EBITDA. Borrower and its Consolidated Subsidiaries At all times on or before April 30, 2025, the Credit Parties shall have, as of the last day of each Fiscal Quarter set forth below, not suffer or permit Consolidated EBITDA for the four Fiscal Quarters Quarter ending on such day of not any date set forth below to be less than the followingminimum amount set forth in the table below opposite such date: December Date Minimum Consolidated EBITDA January 31, 2013 2024 ($40,000,000 March 7,900,000.00) April 30, 2024 ($6,200,000.00) July 31, 2014 2024 $46,000,000 June 30, 2014 $52,000,000 September 30, 2014 $56,750,000 December 300,000.00 October 31, 2014 2024 $60,000,000 March 7,500,000.00 January 31, 2015 2025 $63,000,000 June 30, 2015 and thereafter $66,000,00011,400,000.00

Minimum Consolidated EBITDA. Borrower and its Consolidated Subsidiaries shall have, as As of the last day of each Fiscal Quarter fiscal quarter set forth below (each, a “Calculation Date”), the Borrower and its Subsidiaries will not permit its Consolidated EBITDA to be less than the corresponding amount set forth opposite such Calculation Date for the period set forth below, Consolidated EBITDA for the four Fiscal Quarters ending on such day of not less than the following: December 31, 2013 $40,000,000 March 31, 2014 $46,000,000 June 30, 2014 2024 For the fiscal quarter ended June 30, 2024, at least $52,000,000 6,500,000 September 30, 2014 $56,750,000 December 31, 2014 $60,000,000 March 31, 2015 $63,000,000 June 2024 For the fiscal quarter ended September 30, 2015 and thereafter 2024, at least $66,000,0006,500,000

Minimum Consolidated EBITDA. The Borrower and its Consolidated Subsidiaries shall have, as of the last day of each Fiscal Quarter set forth below, will not permit Consolidated EBITDA for the four Fiscal Quarters any four-fiscal-quarter period ending on such day of not during any period set forth below to be less than the followingamount set forth below opposite such period: Period Amount ------ ------ June 1998 through August 1998 $29,000,000 December 31, 2013 1998 through March 2000 $40,000,000 March 31, 2014 30,000,000 June 2000 through August 2000 $46,000,000 31,000,000 December 2000 through August 2001 $33,000,000 December 2001 through August 2002 $35,000,000 December 2002 through August 2003 $37,000,000 December 2003 through June 30, 2014 2004 $52,000,000 September 30, 2014 41,000,000 August 2004 through Maturity Date $56,750,000 December 31, 2014 $60,000,000 March 31, 2015 $63,000,000 June 30, 2015 and thereafter $66,000,00045,000,000

Minimum Consolidated EBITDA. The Borrower and its Consolidated Subsidiaries shall have, as of the last day of each Fiscal Quarter set forth below, will not permit Consolidated EBITDA (i) for the four Fiscal Quarters fiscal quarter ending on such day of not March 31, 1998, to be less than $11,300,000, (ii) for the following: two fiscal quarters ending June 30, 1998 (taken as one accounting period), to be less than $28,000,000, (iii) for the three fiscal quarters ending September 30, 1998 (taken as one accounting period), to be less than $48,000,000, (iv) for the fiscal year ending December 31, 2013 1998, to be less than $40,000,000 72,000,000 and (v) for any Test Period ending on or after March 31, 2014 1999, to be less than $46,000,000 June 30, 2014 $52,000,000 September 30, 2014 $56,750,000 December 31, 2014 $60,000,000 March 31, 2015 $63,000,000 June 30, 2015 and thereafter $66,000,00075,000,000.

Minimum Consolidated EBITDA. Borrower and its Consolidated Subsidiaries EBITDA shall have, as not be less than (i) $6,000,000 for the fiscal quarter of the last day of each Fiscal Quarter set forth below, Consolidated EBITDA for the four Fiscal Quarters Borrowers ending on such day of not less than the following: December 31, 2013 2007, (ii) $40,000,000 6,300,000 for the fiscal quarter of the Borrower ending March 31, 2014 2008, and (iii) $46,000,000 8,000,000 for each of the fiscal quarters of the Borrowers ending June 30, 2014 $52,000,000 2008 and September 30, 2014 $56,750,000 December 31, 2014 $60,000,000 March 31, 2015 $63,000,000 June 30, 2015 and thereafter $66,000,0002008.”

Minimum Consolidated EBITDA. The Borrower and its Consolidated Subsidiaries shall have, as of the last day of each Fiscal Quarter set forth below, will not permit Consolidated EBITDA for the four Fiscal Quarters ending on such day of not the dates set forth below to be less than the followingdollar amount set forth opposite such dates: December 31, 2013 $40,000,000 March 31, 2014 $46,000,000 June 30, 2014 $52,000,000 September 30, 2014 $56,750,000 December 31, 2014 $60,000,000 March 31, 2015 $63,000,000 June 30, 2015 and thereafter $66,000,00009/30/15 $ 9,000,000 12/31/15 $ 9,500,000 03/31/16 $ 9,500,000 06/30/16 $ 9,500,000

Minimum Consolidated EBITDA. Borrower and its Consolidated Subsidiaries shall have, as As of the last day of each Fiscal Quarter fiscal quarter set forth below (each, a “Calculation Date”), the Borrower and its Subsidiaries will not permit its Consolidated EBITDA to be less than the corresponding amount set forth opposite such Calculation Date for the period set forth below, Consolidated EBITDA for the four Fiscal Quarters ending on such day of not less than the following: December 31, 2013 $40,000,000 March 31, 2014 $46,000,000 June 30, 2014 2023 For the fiscal quarter ended June 30, 2023, at least $52,000,000 6,500,000 September 30, 2014 $56,750,000 December 31, 2014 $60,000,000 March 31, 2015 $63,000,000 June 2023 For the fiscal quarter ended September 30, 2015 and thereafter 2023, at least $66,000,0006,500,000

Minimum Consolidated EBITDA. Neither the Borrower and its nor the Parent will permit the Consolidated Subsidiaries shall have, EBITDA as of the last day of each any Fiscal Quarter set forth below, Consolidated EBITDA for the four Fiscal Quarters ending on such day of not below to be less than the followingamount set forth opposite such Fiscal Quarter: Period Consolidated EBITDA March 31, 2000 ($5,400,000) June 30, 2000 ($5,700,000) September 30, 2000 ($9,500,000) December 31, 2013 2000 ($40,000,000 11,800,000) March 31, 2014 2001 ($46,000,000 10,300,000) June 30, 2014 2001 ($52,000,000 6,500,000) September 30, 2014 2001 ($56,750,000 4,400,000) December 31, 2014 2001 $60,000,000 1,000,000 March 31, 2015 2002 $63,000,000 June 30, 2015 and thereafter $66,000,0007,000,000

Minimum Consolidated EBITDA. The Borrower and its Consolidated Subsidiaries shall have, as of will not permit the last day of each Fiscal Quarter set forth below, Consolidated EBITDA for any four consecutive fiscal quarters of the four Fiscal Quarters ending on such day of not Borrower ended with any fiscal quarter set forth below to be less than the followingamount set forth opposite such fiscal quarter end below: June 30, 2020 $100,000,000 September 30, 2020 $45,000,000 December 31, 2013 2020 $40,000,000 45,000,000 March 31, 2014 2021 $46,000,000 June 30, 2014 $52,000,000 September 30, 2014 $56,750,000 December 31, 2014 $60,000,000 March 31, 2015 $63,000,000 June 30, 2015 and thereafter $66,000,00070,000,000

Minimum Consolidated EBITDA. The Borrower and its Consolidated Subsidiaries shall have, as of the last day of each Fiscal Quarter set forth below, will not permit Consolidated EBITDA for the four Fiscal Quarters ending on such day of not the dates set forth below to be less than the followingdollar amount set forth opposite such dates: December 31, 2013 $40,000,000 March 31, 2014 $46,000,000 June 30, 2014 $52,000,000 September 30, 2014 $56,750,000 December 31, 2014 $60,000,000 March 31, 2015 $63,000,000 June 30, 2015 and thereafter $66,000,00006/30/14 $ 8,350,000 09/30/14 $ 8,350,000 12/31/14 $ 8,600,000 03/31/15 $ 9,450,000 06/30/15 $ 9,450,000