Common use of Minimum Consolidated EBITDA Clause in Contracts

Minimum Consolidated EBITDA. Permit Consolidated EBITDA for the period commencing on March 1, 2008 and ending as of the last day of the fiscal month of Parent and its Subsidiaries ending on or about each date set forth below to be less than the applicable amount set forth below: May 31, 2008 $ 3,928,000 June 30, 2008 $ 4,600,000 July 31, 2008 $ 4,857,000 August 31, 2008 $ 6,297,000 September 30, 2008 $ 6,304,000 October 31, 2008 $ 5,957,000 November 30, 2008 $ 5,870,000 December 31, 2008 $ 8,813,000

Minimum Consolidated EBITDA. Permit Borrower and its Consolidated EBITDA for the period commencing on March 1Subsidiaries shall have, 2008 and ending as of the last day of each Fiscal Quarter set forth below, Consolidated EBITDA for the fiscal month of Parent and its Subsidiaries four Fiscal Quarters ending on or about each date set forth below to be such day of not less than the applicable amount set forth belowfollowing: May December 31, 2008 $ 3,928,000 2013 $40,000,000 March 31, 2014 $46,000,000 June 30, 2008 $ 4,600,000 July 31, 2008 $ 4,857,000 August 31, 2008 $ 6,297,000 2014 $52,000,000 September 30, 2008 $ 6,304,000 October 31, 2008 $ 5,957,000 November 30, 2008 $ 5,870,000 2014 $56,750,000 December 31, 2008 $ 8,813,0002014 $60,000,000 March 31, 2015 $63,000,000 June 30, 2015 and thereafter $66,000,000

Minimum Consolidated EBITDA. Permit Neither the Borrower nor the Parent will permit the Consolidated EBITDA for the period commencing on March 1, 2008 and ending as of the last day of the fiscal month of Parent and its Subsidiaries ending on or about each date any Fiscal Quarter set forth below to be less than the applicable amount set forth belowopposite such Fiscal Quarter: May Period Consolidated EBITDA March 31, 2008 $ 3,928,000 2000 ($5,400,000) June 30, 2008 $ 4,600,000 July 31, 2008 $ 4,857,000 August 31, 2008 $ 6,297,000 2000 ($5,700,000) September 30, 2008 $ 6,304,000 October 31, 2008 $ 5,957,000 November 30, 2008 $ 5,870,000 2000 ($9,500,000) December 31, 2008 $ 8,813,0002000 ($11,800,000) March 31, 2001 ($10,300,000) June 30, 2001 ($6,500,000) September 30, 2001 ($4,400,000) December 31, 2001 $1,000,000 March 31, 2002 $7,000,000

Minimum Consolidated EBITDA. Permit Consolidated EBITDA for the period commencing on March 1, 2008 and ending as As of the last day of each fiscal quarter set forth in the fiscal month of Parent table below, EBITDA for Dealer and its Subsidiaries subsidiaries on a consolidated basis for the prior four (4) consecutive fiscal quarters ending on or about each the applicable date set forth below to shall not be less than the applicable corresponding amount set forth below: May appearing on such table. September 30, 2000 $ 10,000,000 December 31, 2008 2000 $ 3,928,000 11,000,000 March 31, 2001 $ 12,000,000 June 30, 2008 2001 $ 4,600,000 July 31, 2008 $ 4,857,000 August 31, 2008 $ 6,297,000 13,000,000 September 30, 2008 2001 $ 6,304,000 October 31, 2008 $ 5,957,000 November 30, 2008 $ 5,870,000 13,000,000 December 31, 2008 2001 $ 8,813,00013,000,000 March 31, 2002 $ 13,000,000

Minimum Consolidated EBITDA. Permit Consolidated EBITDA for the period commencing on March 1EBITDA, 2008 and ending measured as of the last day of each fiscal quarter of the Borrower specified below and with reference to the four consecutive fiscal month of Parent and its Subsidiaries ending on or about each date set forth below quarter period then ended, to be less than the applicable amount set forth belowindicated below for such period: May March 31, 2008 2012 $ 3,928,000 1 June 30, 2008 2012 $ 4,600,000 July 31, 2008 $ 4,857,000 August 31, 2008 $ 6,297,000 1,000,000 September 30, 2008 2012 $ 6,304,000 October 31, 2008 $ 5,957,000 November 30, 2008 $ 5,870,000 1,000,000 December 31, 2008 2012 $ 8,813,0002,750,000 March 31, 2013 $ 2,750,000 June 30, 2013 and thereafter $ 4,000,000

Minimum Consolidated EBITDA. Permit During the Availability Test Period, maintain a Consolidated EBITDA for of not less than the period commencing on March 1, 2008 and ending amount set forth below as of the last day of each Fiscal Quarter for the fiscal month of Parent and its Subsidiaries 4 consecutive Fiscal Quarters ending on or about each the date set forth below to be less than the applicable amount set forth belowopposite such amount: May December 31, 2008 2003 $ 3,928,000 34,800,000 March 31, 2004 $ 27,526,000 June 30, 2008 2004 $ 4,600,000 July 31, 2008 $ 4,857,000 August 31, 2008 $ 6,297,000 25,486,000 September 30, 2008 2004 $ 6,304,000 October 31, 2008 $ 5,957,000 November 30, 2008 $ 5,870,000 25,173,000 December 31, 2008 2004 $ 8,813,00032,456,000 March 31, 2005 $ 35,009,000 June 30, 2005 $ 34,861,000 September 30, 2005 $ 36,850,000 December 31, 2005 $ 38,806,000

Minimum Consolidated EBITDA. Permit the Consolidated EBITDA for the period commencing on March 1, 2008 and ending as of the last day of the fiscal month of Parent and its Subsidiaries ending on or about for each date fiscal quarter set forth below to be less than the applicable amount set forth belowopposite such date: May 31, 2008 $ 3,928,000 June 30, 2008 2005 (four months ended) $ 4,600,000 July 31, 2008 $ 4,857,000 August 31, 2008 $ 6,297,000 20,700,000 September 30, 2008 2005 (seven months ended) $ 6,304,000 October 33,700,000 Xxxxxxxx 00, 0000 (xxx months ended) $ 46,800,000 March 31, 2008 2006 (twelve months ended) $ 5,957,000 November 30, 2008 $ 5,870,000 December 31, 2008 $ 8,813,00056,100,000