Common use of Minimum Consolidated Fixed Charge Coverage Ratio Clause in Contracts

Minimum Consolidated Fixed Charge Coverage Ratio. The Borrower shall not have, on the last day of each Fiscal Quarter set forth below, beginning with the Fiscal Quarter ending October 31, 2011, a Consolidated Fixed Charge Coverage Ratio for the four Fiscal Quarter period ending on such day less than the ratio set forth below: Fiscal Quarter Ending Ratio October 31, 2011 1.0 to 1.0 January 28, 2012 1.1 to 1.0 April 30, 2012 1.1 to 1.0 July 31, 2012 1.1 to 1.0 October 31, 2012 1.1 to 1.0 February 2, 2013 1.3 to 1.0 April 30, 2013 and thereafter 2.0 to 1.0

Minimum Consolidated Fixed Charge Coverage Ratio. The Borrower shall not have, on As of the last day of each Fiscal Quarter set forth below, beginning with permit the Fiscal Quarter ending October 31, 2011, a Consolidated Fixed Charge Coverage Ratio for the four (4) Fiscal Quarter period ending on such day to be less than the minimum ratio set forth belowopposite such Fiscal Quarter: Fiscal Quarter Ending Ratio October June 30, 2009 4.00 to 1 September 30, 2009 3.40 to 1 December 31, 2011 1.0 2009 3.10 to 1.0 January 281 March 31, 2012 1.1 2010 3.20 to 1.0 April 1 June 30, 2012 1.1 2010 3.30 to 1.0 July 31, 2012 1.1 to 1.0 October 31, 2012 1.1 to 1.0 February 2, 2013 1.3 to 1.0 April 1 September 30, 2013 and thereafter 2.0 2010 3.60 to 1.01

Minimum Consolidated Fixed Charge Coverage Ratio. The Borrower shall not havemaintain, on as determined as of the last day end of each Fiscal Quarter set forth below, beginning with below for the four (4) Fiscal Quarter ending October 31, 2011Quarters then ending, a Consolidated Fixed Charge Coverage Ratio for the four of no less than that set forth below opposite such Fiscal Quarter period ending on such day less than the ratio end set forth below: Fiscal Quarter Ending Minimum Ratio October 31June, 2011 1.0 1999 1.25 to 1.0 January 28and each Fiscal Quarter thereafter through March, 2012 1.1 2003 June, 2003 1.35 to 1.0 April 30and each Fiscal Quarter thereafter through March, 2012 1.1 2004 June, 2004 1.50 to 1.0 July 31, 2012 1.1 to 1.0 October 31, 2012 1.1 to 1.0 February 2, 2013 1.3 to 1.0 April 30, 2013 and thereafter 2.0 to 1.0each Fiscal Quarter thereafter

Minimum Consolidated Fixed Charge Coverage Ratio. The Borrower shall not have, on Permit the last day of each Fiscal Quarter set forth below, beginning with the Fiscal Quarter ending October 31, 2011, a Consolidated Fixed Charge Coverage Ratio as of the end of any fiscal quarter set forth below for the four Fiscal Quarter fiscal quarter period then ending on such day of Holdings and its Subsidiaries to be less than the ratio set forth belowbelow opposite such time period: Fiscal Quarter Ending Ratio October December 31, 2010 1.10 to 1.00 March 31, 2011 1.0 1.30 to 1.0 January 28, 2012 1.1 to 1.0 April 1.00 June 30, 2012 1.1 2011 1.50 to 1.0 July 31, 2012 1.1 to 1.0 October 31, 2012 1.1 to 1.0 February 2, 2013 1.3 to 1.0 April 1.00 September 30, 2013 2011 and thereafter 2.0 1.75 to 1.01.00

Minimum Consolidated Fixed Charge Coverage Ratio. The Borrower shall not havePermit the Consolidated Fixed Charge Coverage Ratio, on as at the last day of each Fiscal Quarter set forth below, beginning with the Fiscal Quarter ending October 31, 2011, a Consolidated Fixed Charge Coverage Ratio for the any period of four Fiscal Quarter period ending on such day consecutive trailing fiscal quarters of Holdings to be less than the ratio set forth belowbelow opposite such period: Fiscal Quarter Ending Ratio October MarchDecember 31, 2011 1.0 to 1.0 January 282022 1.251.10:1.00 June 30March 31, 2012 1.1 to 1.0 April 20222023 1.10:1.00 SeptemberJune 30, 2012 1.1 to 1.0 July 20222023 1.10:1.00 December 31, 2012 1.1 to 1.0 October 2022September 30, 2023 1.10:1.00 March 31, 2012 1.1 to 1.0 February 2, 2013 1.3 to 1.0 April 2023June 30, 2013 2024, and each fiscal quarter ending thereafter 2.0 to 1.01.25:1.00

Minimum Consolidated Fixed Charge Coverage Ratio. The Borrower Company shall not have, on permit the last day of each Fiscal Quarter set forth below, beginning with the Fiscal Quarter ending October 31, 2011, a Consolidated Fixed Charge Coverage Ratio for as of the four last day of the most recently ended Fiscal Quarter period ending on such day the dates set forth below to be less than the correlative ratio set forth below: indicated for such Fiscal Quarter Ending Ratio October 31, 2011 1.0 (or period including such Fiscal Quarter): 2018 N/A 0.70 to 1.0 January 28, 2012 1.1 0.70 to 1.0 April 30, 2012 1.1 1.10 to 1.0 July 31, 2012 1.1 2019 1.35 to 1.0 October 31, 2012 1.1 1.65 to 1.0 February 2, 2013 1.3 1.75 to 1.0 April 30, 2013 and thereafter 2.0 N/A (t) Section 8.07(b) of the Existing Credit Agreement is hereby amended to 1.0read as follows:

Minimum Consolidated Fixed Charge Coverage Ratio. The Borrower Parent shall not have, on the last day of each Fiscal Quarter set forth below, beginning with the Fiscal Quarter ending October 31, 2011, a Consolidated Fixed Charge Coverage Ratio for the four 4 Fiscal Quarter period ending on such day less than the minimum ratio set forth belowopposite such Fiscal Quarter: June 30, 2008 1.50 to 1.00 September 30, 2008 1.50 to 1.00 December 31, 2008 1.50 to 1.00 March 31, 2009 and each Fiscal Quarter Ending Ratio October 31, 2011 1.0 thereafter 1.75 to 1.0 January 28, 2012 1.1 to 1.0 April 30, 2012 1.1 to 1.0 July 31, 2012 1.1 to 1.0 October 31, 2012 1.1 to 1.0 February 2, 2013 1.3 to 1.0 April 30, 2013 and thereafter 2.0 to 1.01.00

Minimum Consolidated Fixed Charge Coverage Ratio. The Borrower shall not have, on Permit the last day of each Fiscal Quarter set forth below, beginning with the Fiscal Quarter ending October 31, 2011, a Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters of the four Fiscal Quarter period Borrower (or, if less, the number of full fiscal quarters subsequent to the Closing Date) ending on such day with any fiscal quarter set forth below to be less than the ratio set forth belowbelow opposite such fiscal quarter: Fiscal Quarter Ending Ratio October December 31, 2011 1.0 2005 2.0 to 1.0 January 281 March 31, 2012 1.1 2006 2.0 to 1.0 April 1 June 30, 2012 1.1 2006 2.0 to 1.0 July 1 September 30, 2006 2.0 to 1 December 31, 2012 1.1 2006 2.0 to 1.0 October 1 March 31, 2012 1.1 2007 2.0 to 1.0 February 2, 2013 1.3 to 1.0 April 1 June 30, 2013 and thereafter 2007 2.0 to 1.01 September 30, 2007 2.0 to 1 December 31, 2007 2.0 to 1 March 31, 2008 2.0 to 1 June 30, 2008 2.0 to 1

Minimum Consolidated Fixed Charge Coverage Ratio. The Borrower shall will not have, on permit the last day of each Fiscal Quarter set forth below, beginning with the Fiscal Quarter ending October 31, 2011, a Consolidated Fixed Charge Coverage Ratio for the four Fiscal Quarter period any Test Period ending on such the last day of a fiscal quarter described below to be less than the ratio amount set forth opposite such fiscal quarter below: Fiscal Quarter Ending Ended Closest to Ratio ------------------------------- ----- October 31, 2011 1.0 to 1.0 1999 1.05:1.00 January 2831, 2012 1.1 to 1.0 2000 1.05:1.00 April 30, 2012 1.1 to 1.0 2000 1.05:1.00 July 31, 2012 1.1 to 1.0 2000 1.05:1.00 October 31, 2012 1.1 to 1.0 February 22000 1.05:1.00 January 31, 2013 1.3 to 1.0 2001 1.05:1.00 April 30, 2013 and thereafter 2.0 to 1.02001 1.05:1.00 July 31, 2001 1.05:1.00 October 31, 2001 1.05:1.00

Minimum Consolidated Fixed Charge Coverage Ratio. The Borrower Borrowers shall not havepermit, on measured as of the last day end of each Fiscal Quarter set forth below, Measurement Period after the First Amendment Effective Date beginning with the Fiscal Quarter ending October 31March 31September 30, 201120252026, a the Consolidated Fixed Charge Coverage Ratio for the four Fiscal Quarter period ending on such day to be less than the ratio Consolidated Fixed Charge Coverage Ratio set forth belowbelow for the corresponding Fiscal Quarter: March 31, 2025 and each Fiscal Quarter Ending Ratio October 31, 2011 1.0 to 1.0 January 28, 2012 1.1 to 1.0 April thereafterSeptember 30, 2012 1.1 2026 1.251.00 to 1.0 July 31, 2012 1.1 to 1.0 October 31, 2012 1.1 to 1.0 February 2, 2013 1.3 to 1.0 April 30, 2013 and thereafter 2.0 to 1.01.00

Minimum Consolidated Fixed Charge Coverage Ratio. The Borrower Loan Parties shall not have, on permit the last day of each Fiscal Quarter set forth below, beginning with the Fiscal Quarter ending October 31, 2011, a Consolidated Fixed Charge Coverage Ratio for the four Fiscal Quarter period ending on such day Ratio, to be less than the ratio set forth belowfollowing ratios during the four-quarter periods ending during the following periods: Fiscal Quarter Ending Ratio October December 31, 2011 1.0 to 1.0 January 282002 through March 31, 2012 1.1 2003 1.10 to 1.0 April 1, 2003 through September 30, 2012 1.1 2003 1.30 to 1.0 July 31, 2012 1.1 to 1.0 October 31, 2012 1.1 to 1.0 February 2, 2013 1.3 to 1.0 April After September 30, 2013 and thereafter 2.0 2003 1.50 to 1.0

Minimum Consolidated Fixed Charge Coverage Ratio. The Borrower Borrowers shall not havepermit, measured as of the end of each Measurement Period after the First Amendment Effective Date beginning with the Fiscal Quarter ending September 30, 2024, the Consolidated Fixed Charge Coverage Ratio to be less than a ratio of 1.25 to 1.00 as measured on the last day of each Fiscal Quarter set forth belowMeasurement Period and calculated on a pro forma basis, beginning with the Fiscal Quarter Measurement Period ending October March 31, 2011, a 2023.the Consolidated Fixed Charge Coverage Ratio set forth below for the four corresponding Fiscal Quarter period ending on such day less than the ratio set forth below: Fiscal Quarter Ending Ratio October 31, 2011 1.0 to 1.0 January 28, 2012 1.1 to 1.0 April 30, 2012 1.1 to 1.0 July 31, 2012 1.1 to 1.0 October 31, 2012 1.1 to 1.0 February 2, 2013 1.3 to 1.0 April 30, 2013 and thereafter 2.0 to 1.0Quarter:

Minimum Consolidated Fixed Charge Coverage Ratio. The Borrower Borrowers shall not havepermit, on measured as of the last day end of each Fiscal Quarter set forth below, Measurement Period after the First Amendment Effective Date beginning with the Fiscal Quarter ending October September 30March 31, 201120242025, a the Consolidated Fixed Charge Coverage Ratio for the four Fiscal Quarter period ending on such day to be less than the ratio Consolidated Fixed Charge Coverage Ratio set forth belowbelow for the corresponding Fiscal Quarter: DecemberMarch 31, 20242025 and each Fiscal Quarter Ending Ratio October 31, 2011 1.0 thereafter 1.25 to 1.0 January 28, 2012 1.1 to 1.0 April 30, 2012 1.1 to 1.0 July 31, 2012 1.1 to 1.0 October 31, 2012 1.1 to 1.0 February 2, 2013 1.3 to 1.0 April 30, 2013 and thereafter 2.0 to 1.01.00

Minimum Consolidated Fixed Charge Coverage Ratio. The Borrower shall not have, on the last day of each Fiscal Quarter set forth below, beginning with the Fiscal Quarter ending October 31, 2011, a Consolidated Fixed Charge Coverage Ratio for the four Fiscal Quarter period ending on such day less than the ratio set forth belowfollowing: Fiscal Quarter Ending Ratio October March 31, 2010 through and including March 31, 2011 1.0 1.10 to 1.0 January 281 June 30, 2011 though and including March 31, 2012 1.1 1.20 to 1.0 April 1 June 30, 2012 1.1 to 1.0 July though and including March 31, 2012 1.1 2013 1.25 to 1.0 October 31, 2012 1.1 to 1.0 February 2, 2013 1.3 to 1.0 April 1 June 30, 2013 through and thereafter 2.0 including September 30, 2013 1.35 to 1.01 December 31, 2013 through and including March 31, 2014 1.50 to 1 June 30, 2014 through and including September 30, 2014 1.75 to 1

Minimum Consolidated Fixed Charge Coverage Ratio. The Commencing with the Fiscal Quarter ended March 31, 2007, the Borrower shall not have, on the last day of each such Fiscal Quarter set forth below, beginning with the or any Fiscal Quarter ending October 31, 2011ended thereafter, a Consolidated Fixed Charge Coverage Ratio for the four Fiscal Quarter period ending on such day less than the ratio set forth below: Fiscal Quarter Ending Ratio October 31, 2011 1.0 1.25 to 1.0 January 28, 2012 1.1 to 1.0 April 30, 2012 1.1 to 1.0 July 31, 2012 1.1 to 1.0 October 31, 2012 1.1 to 1.0 February 2, 2013 1.3 to 1.0 April 30, 2013 and thereafter 2.0 to 1.01.

Minimum Consolidated Fixed Charge Coverage Ratio. The Borrower Borrowers shall not havepermit the Consolidated Fixed Charge Coverage Ratio, on measured as of the last day of each any Fiscal Quarter set forth belowof the Borrowers, beginning with the Fiscal Quarter ending October to be less than (i) 1.10 to 1.00, through and including Xxxxx 00, 0000, (xx) 1.00 to 1.00, on and after April 1, 2020 through and including December 31, 20112022, a Consolidated Fixed Charge Coverage Ratio for and (iii) 1.10 to 1.00, on and after January 1, 2023.” (f) Section 6.1(p) of the four Fiscal Quarter period ending on such day less than the ratio set forth below: Fiscal Quarter Ending Ratio October 31, 2011 1.0 Loan Agreement is hereby amended and restated in its entirety to 1.0 January 28, 2012 1.1 to 1.0 April 30, 2012 1.1 to 1.0 July 31, 2012 1.1 to 1.0 October 31, 2012 1.1 to 1.0 February 2, 2013 1.3 to 1.0 April 30, 2013 and thereafter 2.0 to 1.0read as follows:

Minimum Consolidated Fixed Charge Coverage Ratio. The Borrower shall not have, on the last day of each Fiscal Quarter set forth below, beginning Commencing with the Fiscal Quarter ending October ended March 31, 20112014, the Borrower maintain as of the end of each Fiscal Quarter, a Consolidated Fixed Charge Coverage Ratio of not less than 1.10 to 1.0, measured for the four period from the Initial Closing Date through the end of such Fiscal Quarter; and commencing with the Fiscal Quarter period ending on such day ended September 30, 2014, the Borrower shall maintain as of the end of each Fiscal Quarter, a Consolidated Fixed Charge Coverage Ratio of not less than the ratio set forth below: Fiscal Quarter Ending Ratio October 31, 2011 1.0 to 1.0 January 28, 2012 1.1 to 1.0 April 30, 2012 1.1 to 1.0 July 31, 2012 1.1 to 1.0 October 31, 2012 1.1 to 1.0 February 2, 2013 1.3 to 1.0 April 30, 2013 and thereafter 2.0 1.25 to 1.0, measured on a trailing twelve-month basis.