Common use of Minimum Consolidated EBITDA Clause in Contracts

Minimum Consolidated EBITDA. Permit Consolidated EBITDA for any period of four consecutive fiscal quarters, in each case taken as one accounting period, ending during any period set forth below, to be less than the amount set forth opposite such period below: June 30, 2010 through March 31, 2011 $ 52,500,000 April 1, 2011 through September 30, 2011 $ 55,000,000 October 1, 2011 through September 30, 2012 $ 60,000,000 October 1, 2012 through September 30, 2013 $ 62,500,000 Thereafter $ 65,000,000

Minimum Consolidated EBITDA. Permit Consolidated EBITDA for as of the end of any period of four consecutive fiscal quarters, in each case taken as one accounting period, ending during any period set forth below, specified below to be less than the amount set forth below opposite such period: One fiscal quarter period below: ending December 31, 2003 $12,500,000 Two fiscal quarter period ending March 31, 2004 $30,000,000 Three fiscal quarter period ending June 30, 2010 through March 31, 2011 $ 52,500,000 April 1, 2011 through 2004 $55,000,000 Four fiscal quarter period ending September 30, 2011 $ 55,000,000 October 1, 2011 through September 30, 2012 $ 60,000,000 October 1, 2012 through September 30, 2013 $ 62,500,000 Thereafter $ 65,000,0002004 $75,000,000 SUBPART 2.8 Amendment to Section 8.16. Section 8.16 of the Existing Credit Agreement is hereby amended and restated in its entirely as follows:

Minimum Consolidated EBITDA. Permit (i) the Consolidated EBITDA for any the period of four consecutive one fiscal quartersquarter ending July 30, in each case taken as one accounting period, ending during any period set forth below, 2011 to be less than $37.0 million and (ii) the amount set forth opposite such sum of Consolidated EBITDA for the period below: June 30, 2010 through March 31of two fiscal quarters ending October 29, 2011 $ 52,500,000 April 1, 2011 through September 30, 2011 $ 55,000,000 October 1, 2011 through September 30, 2012 $ 60,000,000 October 1, 2012 through September 30, 2013 $ 62,500,000 Thereafter $ 65,000,000to be less than $74.0 million.

Minimum Consolidated EBITDA. Permit the Consolidated EBITDA for any period of four consecutive fiscal quarters, in each case taken as one accounting period, quarters ending during on or about any period date set forth below, below to be less than the amount set forth below opposite such period belowdate: Date Amount ---- ------ March 31, 2003 $105,000,000 June 30, 2010 through 2003 $ 97,500,000 September 30, 2003 $ 90,000,000 December 31, 2003 $ 90,000,000 March 31, 2011 2004 $ 52,500,000 April 190,000,000 June 30, 2011 through 2004 $ 97,500,000 September 30, 2011 $ 55,000,000 October 1, 2011 through September 30, 2012 $ 60,000,000 October 1, 2012 through September 30, 2013 $ 62,500,000 Thereafter $ 65,000,0002004 $100,000,000

Minimum Consolidated EBITDA. Permit Consolidated EBITDA EBITDA, measured on a fiscal quarter-end basis, of not less than the required amount set forth in the following table for any period of four consecutive fiscal quarters, in each case taken as one accounting period, ending during any the applicable period set forth belowopposite thereto: $8,000,000 For the 12 month period ending December 31, to be less than 2003 $8,000,000 For the amount set forth opposite such 12 month period below: ending March 31, 2004 $6,500,000 For the 12 month period ending June 30, 2010 through March 31, 2011 $ 52,500,000 April 1, 2011 through 2004 $6,500,000 For the 12 month period ending September 30, 2011 $ 55,000,000 October 1, 2011 through September 30, 2012 $ 60,000,000 October 1, 2012 through September 30, 2013 $ 62,500,000 Thereafter $ 65,000,0002004 $8,000,000 For the 12 month period ending on the last day of each fiscal quarter thereafter

Minimum Consolidated EBITDA. Permit the Consolidated EBITDA for any period of four consecutive fiscal quarters, in each case taken as one accounting period, quarters ending during on or about any period date set forth below, below to be less than the amount set forth below opposite such period belowdate: Date Amount March 31, 2003 $105,000,000 June 30, 2010 through 2003 $105,000,000 September 30, 2003 $105,000,000 December 31, 2003 $110,000,000 March 31, 2011 $ 52,500,000 April 12004 $110,000,000 June 30, 2011 through 2004 $110,000,000 September 30, 2011 $ 55,000,000 October 1, 2011 through September 30, 2012 $ 60,000,000 October 1, 2012 through September 30, 2013 $ 62,500,000 Thereafter $ 65,000,0002004 $115,000,000

Minimum Consolidated EBITDA. Permit As of the last day of any fiscal quarter, permit the Consolidated EBITDA for any the period of four (4) consecutive fiscal quarters, in each case taken as one accounting period, quarters ending during any period set forth below, on or immediately prior to such date to be less than the applicable amount during the applicable period as set forth opposite such period below: January 1, 2014 to March 31, 2014 $ 100,000,000 April 1, 2014 to June 30, 2010 through 2014 $ 100,000,000 July 1, 2014 to September 30, 2014 $ 100,000,000 October 1, 2014 to March 31, 2011 2015 $ 52,500,000 50,000,000 April 1, 2011 through September 2015 to June 30, 2011 2015 $ 55,000,000 October 75,000,000 July 1, 2011 through September 302015 to December 31, 2012 2015 $ 60,000,000 October 100,000,000 January 1, 2012 through September 30, 2013 2016 and after $ 62,500,000 Thereafter $ 65,000,000110,000,000 ”

Minimum Consolidated EBITDA. Permit Consolidated EBITDA for any period of four consecutive fiscal quarters, in each case taken as one accounting period, ending during any period set forth below, to be less than the amount set forth opposite such period belowfollowing levels as of the last day of each of the following periods: For the two (2) fiscal quarters ending June 30, 2010 through 2008 and September 30, 2008 $ 935,000 For the three (3) fiscal quarters ending June 30, 2008, September 30, 2008 and December 31, 2008 $ 10,000,000 For the four (4) fiscal quarters ending June 30, 2008, September 30, 2008, December 31, 2008 and March 31, 2011 2009 $ 52,500,000 April 1, 2011 through September 30, 2011 $ 55,000,000 October 1, 2011 through September 30, 2012 $ 60,000,000 October 1, 2012 through September 30, 2013 $ 62,500,000 Thereafter $ 65,000,00027,000,000

Minimum Consolidated EBITDA. Permit The Borrower will not permit Consolidated EBITDA for any four-fiscal-quarter period of four consecutive fiscal quarters, in each case taken as one accounting period, ending during any period set forth below, below to be less than the amount set forth below opposite such period belowperiod: Period Amount ------ ------ June 30, 2010 1998 through August 1998 $29,000,000 December 1998 through March 31, 2011 $ 52,500,000 April 1, 2011 2000 $30,000,000 June 2000 through September 30, 2011 $ 55,000,000 October 1, 2011 August 2000 $31,000,000 December 2000 through September 30, 2012 $ 60,000,000 October 1, 2012 August 2001 $33,000,000 December 2001 through September 30, 2013 $ 62,500,000 Thereafter $ 65,000,000August 2002 $35,000,000 December 2002 through August 2003 $37,000,000 December 2003 through June 2004 $41,000,000 August 2004 through Maturity Date $45,000,000