Common use of Minimum Consolidated EBITDA Clause in Contracts

Minimum Consolidated EBITDA. The Borrower will not permit the Consolidated EBITDA, calculated for the Borrower and its Subsidiaries on a consolidated basis, determined for the period of four (4) consecutive fiscal quarters then ending as of the end of each of its fiscal quarters, to be less than the amount set forth on Schedule 6.13 for the date under the caption “Minimum Consolidated EBITDA” for the date of the end of each such fiscal quarter.

Minimum Consolidated EBITDA. The Borrower will shall not permit the Consolidated EBITDA, calculated EBITDA for the Borrower and its Subsidiaries on a consolidated basis, determined for the any period of four (4) consecutive fiscal quarters then ending as of the end of each of its with any fiscal quarters, quarter referred to below to be less than the amount set forth on Schedule 6.13 for the date under the caption “Minimum Consolidated EBITDA” for the date below with respect to such quarter: Third Quarter of the end Fiscal Year 2006 $625,000,000 Fourth Quarter of each such fiscal quarter.Fiscal Year 2006 $490,000,000 First Quarter of Fiscal Year 2007 $550,000,000”

Minimum Consolidated EBITDA. The Borrower will not permit the Consolidated EBITDA, calculated EBITDA for the Borrower and its Subsidiaries on a consolidated basis, determined for the period of four (4) consecutive any fiscal quarters then ending as of the end of each of its fiscal quarters, quarter set forth below to be less than the amount set forth on Schedule 6.13 for the date under the caption “Minimum Consolidated EBITDA” for the date of the end of each 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, 2002 $9,000,000 January 1, 2003 to and including March 31, 2003 $45,000,000

Minimum Consolidated EBITDA. The Borrower will shall not permit the Adjusted Consolidated EBITDA, calculated for EBITDA of the Borrower and its Subsidiaries on a consolidated basis, determined for the period of four (4) consecutive fiscal quarters then ending as of the end Borrower (taken as one accounting period) as determined on the last day of each fiscal quarter of its fiscal quarters, the Borrower ending during each period set forth below to be less than the amount set forth on Schedule 6.13 for the date under the caption “Minimum Consolidated EBITDA” for the date opposite such period: Period Amount ------ ------ Closing Date through Jan. 31, 2000 $220,000,000 Feb. 1, 2000 through Jan. 29, 2001 $240,000,000 Each fiscal year of the end of each such fiscal quarter.Borrower thereafter $260,000,000

Minimum Consolidated EBITDA. The Borrower will Guarantor shall not permit the Consolidated EBITDA, calculated EBITDA for the Borrower and its Subsidiaries on a consolidated basis, determined for the any period of four (4) consecutive fiscal quarters then ending as of the end of each of its with any fiscal quarters, quarter referred to below to be less than the amount set forth on Schedule 6.13 for the date under the caption “Minimum Consolidated EBITDA” for the date below with respect to such quarter: Third Quarter of the end Fiscal Year 2006 $625,000,000 Fourth Quarter of each such fiscal quarter.Fiscal Year 2006 $490,000,000 First Quarter of Fiscal Year 2007 $550,000,000

Minimum Consolidated EBITDA. The Borrower will shall not permit Consolidated EBITDA for any Fiscal Quarter ending on or after the Consolidated EBITDA, calculated for last day of any Fiscal Quarter ending after the Borrower and its Subsidiaries Effective Date on a consolidated basis, determined for which the period of four (4) consecutive fiscal quarters Minimum EBITDA Test Condition is then ending as of the end of each of its fiscal quarters, satisfied to be less than the amount set forth on Schedule 6.13 for opposite such Fiscal Quarter in the date under the caption “Minimum Consolidated EBITDA” for the date of the end table below: Each Fiscal Quarter ending March, June or September of each such fiscal quarter.year $17,500,000 Each Fiscal Quarter ending December of each fiscal year $14,500,000

Minimum Consolidated EBITDA. The Borrower will not permit the Consolidated EBITDA, calculated EBITDA for the Borrower and its Subsidiaries on a consolidated basis, determined for the any fiscal period of four (4) consecutive fiscal quarters then ending as of the end of each of its fiscal quarters, set forth below to be less than the amount set forth on Schedule 6.13 for the date under the caption “Minimum Consolidated EBITDA” for the date of the end of each below opposite such fiscal quarter.period: 1/1/01 - 6/30/01 $ 3,000,000 1/1/01 - 9/30/01 $ 22,000,000

Minimum Consolidated EBITDA. The Borrower will Loan Parties shall not permit Consolidated EBITDA determined as at the Consolidated EBITDA, calculated for the Borrower and its Subsidiaries on a consolidated basis, determined end of each Fiscal Quarter for the period of four (4) consecutive fiscal quarters Fiscal Quarters then ending as of the end of each of its fiscal quarters, to be less than the amount set forth on Schedule 6.13 for the date under the caption “Minimum Consolidated EBITDA” for the date of the end of each such fiscal quarter$34,000,000.

Minimum Consolidated EBITDA. The Borrower will not permit the Consolidated EBITDA, calculated EBITDA for the Borrower and its Subsidiaries on a consolidated basis, determined for the period of any four (4) consecutive fiscal quarters then quarter period ending as of the end of each of its fiscal quarters, quarters set forth below to be less than the amount set forth on Schedule 6.13 for the date under the caption “Minimum Consolidated EBITDA” for the date opposite such period: December 31, 2013 $245,000,000 March 31, 2014 $220,000,000 June 30, 2014 $225,000,000 September 30, 2014 $245,000,000 December 31, 2014 $260,000,000 (n) The Credit Agreement is hereby amended to insert a new Section 6.20 immediately following Section 6.19 of the end of each such fiscal quarter.Credit Agreement as follows:

Minimum Consolidated EBITDA. The Borrower will shall not permit the Consolidated EBITDA, calculated EBITDA for the Borrower and its Restricted Subsidiaries on a consolidated basis, determined for the period of four (4) consecutive fiscal quarters then ending that were Restricted Subsidiaries as of the end of each of its fiscal quarters, Effective Date for any period set forth below to be less than the correlative amount set forth on Schedule 6.13 for indicated: and each Fiscal Quarter thereafter until and including the date under the caption “Minimum Consolidated EBITDA” for the date of the end of 4th Fiscal Quarter, Fiscal Year 2007 $160,000,000 1st Fiscal Quarter, Fiscal Year 2008 and each such fiscal quarter.Fiscal Quarter thereafter $175,000,000

Minimum Consolidated EBITDA. The Borrower will not permit the at any time Consolidated EBITDA, calculated for the Borrower and its Subsidiaries on a consolidated basis, determined for the period of four (4) consecutive fiscal quarters then ending as of the end of each of its fiscal quarters, 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 on Schedule 6.13 for the date under the caption “Minimum Consolidated EBITDA” for the date of the end of below: March 31, 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, 2003 4 fiscal quarters $35,000,000 March 31, 2004 and each such fiscal quarter.quarter thereafter 4 fiscal quarters $45,000,000

Minimum Consolidated EBITDA. The Borrower will not permit the Consolidated EBITDA, calculated EBITDA for the Borrower and its Subsidiaries on a consolidated basis, determined for the any period of four (4) consecutive fiscal quarters then ending as of the end of each of its fiscal quarters, set forth below to be less than the amount set forth on Schedule 6.13 for the date under the caption “Minimum Consolidated EBITDA” for the date 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, 2001 7,500,000" (o) Section 6.17 of the end of each such fiscal quarter.Credit Agreement is hereby amended to read in its entirety as follows:

Minimum Consolidated EBITDA. The Borrower will not permit the Consolidated EBITDA, calculated EBITDA for the Borrower and its Subsidiaries on a consolidated basis, determined for the period of any four (4) consecutive fiscal quarters then ending as of the end of each of its Borrower ended with any fiscal quarters, quarter set forth below to be less than the amount set forth on Schedule 6.13 for the date under the caption “Minimum Consolidated EBITDA” for the date of the end of each opposite such fiscal quarter.quarter end below: June 30, 2020 $100,000,000 September 30, 2020 $45,000,000 December 31, 2020 $45,000,000 March 31, 2021 $70,000,000

Minimum Consolidated EBITDA. The Borrower will not permit the Consolidated EBITDACo-Borrowers shall not, calculated for the Borrower and its Subsidiaries on a consolidated basis, determined for the period of four (4) consecutive fiscal quarters then ending as of at the end of each of its any fiscal quartersquarter, permit Consolidated EBITDA for the four fiscal quarters ended on such date to be less than the amount set forth on Schedule 6.13 below for the date under the caption “such period: Four Fiscal Quarters Ended Minimum Consolidated EBITDA” for the date of the end of EBITDA December 31, 2006 $6,000,000 March 31, 2007 and each such fiscal quarter.$6,500,000 quarter thereafter