Common use of Minimum EBITDA Clause in Contracts

Minimum EBITDA. Borrower and its Subsidiaries shall have on a consolidated basis for each Fiscal Quarter set forth below an EBITDA for the Rolling Period then ended of not less than the following: Fiscal Quarter Minimum EBITDA Fiscal Quarter ending $8,000,000 September 30, 2001 Fiscal Quarter ending $6,000,000 December 31, 2001 Fiscal Quarter ending -$17,000,000 March 31, 2002 Fiscal Quarter ending $15,000,000 June 30, 2002 Fiscal Quarter ending $53,000,000 September 30, 2002 Fiscal Quarter ending $80,000,000 December 31, 2002 and for each Fiscal Quarter thereafter

Minimum EBITDA. Borrower and its Subsidiaries shall have on a consolidated basis basis, for each Fiscal Quarter period set forth below below, an EBITDA for the Rolling Period then ended such period of not less than the following: Fiscal Quarter Minimum EBITDA Fiscal Quarter ending for the Rolling Period $8,000,000 ending September 30, 2001 Fiscal Quarter for the Rolling Period -$3,300,000 ending $6,000,000 December 31, 2001 Fiscal Quarter for the three month -$13,300,000 period ending -$17,000,000 March 31, 2002 Fiscal Quarter for the six month period -$16,400,000 ending $15,000,000 June 30, 2002 Fiscal Quarter for the nine month $1,400,000 period ending $53,000,000 September 30, 2002 Fiscal Quarter for the Rolling Period $20,500,000 ending $80,000,000 December 31, 2002 and for the Rolling Period $80,000,000 ending on each Fiscal Quarter thereafter

Minimum EBITDA. Borrower Debtor and its Subsidiaries shall have on a consolidated basis basis, for each Fiscal Quarter period set forth below below, an EBITDA for the Rolling Period then ended such period of not less than the following: Fiscal Quarter Minimum EBITDA Fiscal Quarter ending for the Rolling Period $8,000,000 ending September 30, 2001 Fiscal Quarter for the Rolling Period -$3,300,000 ending $6,000,000 December 31, 2001 Fiscal Quarter for the three month -$13,300,000 period ending -$17,000,000 March 31, 2002 Fiscal Quarter for the six month period -$16,400,000 ending $15,000,000 June 30, 2002 Fiscal Quarter for the nine month $1,400,000 period ending $53,000,000 September 30, 2002 Fiscal Quarter for the Rolling Period $20,500,000 ending $80,000,000 December 31, 2002 and for the Rolling Period $80,000,000 ending on each Fiscal Quarter thereafter

Minimum EBITDA. Borrower and its Subsidiaries shall have on a consolidated basis basis, for each Fiscal Quarter period set forth below below, an EBITDA for the Rolling Period then ended such period of not less than the following: Fiscal Quarter Minimum EBITDA Fiscal Quarter ending for the Rolling Period $8,000,000 ending September 30, 2001 Fiscal Quarter for the Rolling Period -$3,200,000 ending $6,000,000 December 31, 2001 Fiscal Quarter for the three month -$7,900,000 period ending -$17,000,000 March 31, 2002 Fiscal Quarter for the sixth month $5,600,000 period ending $15,000,000 June 30, 2002 Fiscal Quarter for the nine month $24,400,000 period ending $53,000,000 September 30, 2002 Fiscal Quarter for the Rolling Period $43,800,000 ending $80,000,000 December 31, 2002 and for the Rolling Period $80,000,000 ending on each Fiscal Quarter thereafter

Minimum EBITDA. Borrower Debtor and its Subsidiaries shall have on a consolidated basis for each Fiscal Quarter set forth below an EBITDA for the Rolling Period then ended of not less than the following: Fiscal Quarter Minimum EBITDA Fiscal Quarter ending $8,000,000 28,500,000 June 30, 2001 Fiscal Quarter ending $17,000,000 September 30, 2001 Fiscal Quarter ending $6,000,000 30,000,000 December 31, 2001 Fiscal Quarter ending -$17,000,000 $29,000,000 March 31, 2002 Fiscal Quarter ending $15,000,000 65,000,000 June 30, 2002 Fiscal Quarter ending $53,000,000 80,000,000 September 30, 2002 Fiscal Quarter ending $80,000,000 December 31, 2002 and for each Fiscal Quarter thereafter

Minimum EBITDA. Borrower and its Subsidiaries shall have Minimum EBITDA at the end of each fiscal quarter set -------------- forth below for the rolling four (4) quarter period ending on a consolidated basis for the last day of each Fiscal Quarter fiscal quarter set forth below an EBITDA for the Rolling Period then ended of shall not be less than the following: amount set forth below opposite such date. Fiscal Quarter Minimum EBITDA Fiscal Quarter ending Amount ----------------------- ----------- 3/31/97 $8,000,000 September 30, 2001 Fiscal Quarter ending 11,000,000 6/30/97 $6,000,000 December 31, 2001 Fiscal Quarter ending -$17,000,000 March 31, 2002 Fiscal Quarter ending 11,000,000 9/30/97 $15,000,000 June 30, 2002 Fiscal Quarter ending 12,000,000 12/31/97 $53,000,000 September 30, 2002 Fiscal Quarter ending 13,000,000 3/31/98 $80,000,000 December 31, 2002 13,000,000 6/30/98 $13,000,000 9/30/98 $14,000,000 12/31/98 and for each Fiscal Quarter thereafterthereafter $15,000,000

Minimum EBITDA. Borrower Parent and its Subsidiaries shall have on a consolidated basis basis, for each Fiscal Quarter period set forth below below, an EBITDA for the Rolling Period then ended such period of not less than the following: Fiscal Quarter Minimum EBITDA Fiscal Quarter ending for the Rolling Period $8,000,000 ending September 30, 2001 Fiscal Quarter for the Rolling Period -$3,200,000 ending $6,000,000 December 31, 2001 Fiscal Quarter for the three month -$7,900,000 period ending -$17,000,000 March 31, 2002 Fiscal Quarter for the sixth month $5,600,000 period ending $15,000,000 June 30, 2002 Fiscal Quarter for the nine month $24,400,000 period ending $53,000,000 September 30, 2002 Fiscal Quarter for the Rolling Period $43,800,000 ending $80,000,000 December 31, 2002 and for the Rolling Period $80,000,000 ending on each Fiscal Quarter thereafter

Minimum EBITDA. Borrower and its Subsidiaries shall have on a consolidated basis for Minimum EBITDA at the end of each Fiscal Quarter fiscal quarter set forth below an EBITDA for the Rolling Period then ended rolling four (4) quarter period ending on the last day of each fiscal quarter set forth below shall not be less than the following: amount set forth below opposite such date. Fiscal Quarter Minimum EBITDA Fiscal Quarter ending Amount 3/31/97 $8,000,000 September 30, 2001 Fiscal Quarter ending 11,000,000 6/30/97 $6,000,000 December 31, 2001 Fiscal Quarter ending -$17,000,000 March 31, 2002 Fiscal Quarter ending 11,000,000 9/30/97 $15,000,000 June 30, 2002 Fiscal Quarter ending 12,000,000 12/31/97 $53,000,000 September 30, 2002 Fiscal Quarter ending 13,000,000 3/31/98 $80,000,000 December 31, 2002 13,000,000 6/30/98 $13,000,000 9/30/98 $14,000,000 12/31/98 and for each Fiscal Quarter thereafterthereafter $15,000,000

Minimum EBITDA. Borrower Debtor and its Subsidiaries shall have on a consolidated basis basis, for each Fiscal Quarter period set forth below below, an EBITDA for the Rolling Period then ended such period of not less than the following: Fiscal Quarter Minimum EBITDA Fiscal Quarter ending for the Rolling Period $8,000,000 ending September 30, 2001 Fiscal Quarter for the Rolling Period -$3,200,000 ending $6,000,000 December 31, 2001 Fiscal Quarter for the three month -$7,900,000 period ending -$17,000,000 March 31, 2002 Fiscal Quarter for the sixth month $5,600,000 period ending $15,000,000 June 30, 2002 Fiscal Quarter for the nine month $24,400,000 period ending $53,000,000 September 30, 2002 Fiscal Quarter for the Rolling Period $43,800,000 ending $80,000,000 December 31, 2002 and for the Rolling Period $80,000,000 ending on each Fiscal Quarter thereafter

Minimum EBITDA. Borrower Parent and its Subsidiaries shall have on a consolidated basis basis, for each Fiscal Quarter period set forth below below, an EBITDA for the Rolling Period then ended such period of not less than the following: Fiscal Quarter Minimum EBITDA Fiscal Quarter ending for the Rolling Period $8,000,000 ending September 30, 2001 Fiscal Quarter for the Rolling Period -$3,300,000 ending $6,000,000 December 31, 2001 Fiscal Quarter for the three month -$13,300,000 period ending -$17,000,000 March 31, 2002 Fiscal Quarter for the six month period -$16,400,000 ending $15,000,000 June 30, 2002 Fiscal Quarter for the nine month $1,400,000 period ending $53,000,000 September 30, 2002 Fiscal Quarter for the Rolling Period $20,500,000 ending $80,000,000 December 31, 2002 and for the Rolling Period $80,000,000 ending on each Fiscal Quarter thereafter

Minimum EBITDA. Borrower Parent and its Subsidiaries shall have on a consolidated basis for each Fiscal Quarter fiscal quarter set forth below an EBITDA for the Rolling Period then ended of not less than the following: Fiscal Quarter Minimum EBITDA Fiscal Quarter ending $8,000,000 28,500,000 June 30, 2001 Fiscal Quarter ending $17,000,000 September 30, 2001 Fiscal Quarter ending $6,000,000 30,000,000 December 31, 2001 Fiscal Quarter ending -$17,000,000 $29,000,000 March 31, 2002 Fiscal Quarter ending $15,000,000 65,000,000 June 30, 2002 Fiscal Quarter ending $53,000,000 80,000,000 September 30, 2002 Fiscal Quarter ending $80,000,000 December 31, 2002 and for each Fiscal Quarter thereafter

Minimum EBITDA. Borrower Debtor and its Subsidiaries shall have on a consolidated basis for each Fiscal Quarter set forth below an EBITDA for the Rolling Period then ended of not less than the following: Fiscal Quarter Minimum EBITDA Fiscal Quarter ending $8,000,000 September 30, 2001 Fiscal Quarter ending $6,000,000 December 31, 2001 Fiscal Quarter ending -$17,000,000 March 31, 2002 Fiscal Quarter ending $15,000,000 June 30, 2002 Fiscal Quarter ending $53,000,000 September 30, 2002 Fiscal Quarter ending $80,000,000 December 31, 2002 and for each Fiscal Quarter thereafter

Minimum EBITDA. Borrower and its Subsidiaries shall have on a consolidated basis for have, as of the end of each Fiscal Quarter set forth below an described below, EBITDA for the Rolling Period then ended of not less than the followingamount set forth opposite such Fiscal Quarter: Fiscal Quarter Minimum EBITDA Ending Amount --------------------- ------- September 25, 1999 $1,500,000 for the Fiscal Quarter ending then ended December 25, 1999 $8,000,000 September 304,000,000 for the two (2) Fiscal Quarters then ended March 25, 2001 2000 $7,500,000 for the three (3) Fiscal Quarters then ended June 24, 2000 and each $12,000,000 for the Fiscal Quarter ending $6,000,000 December 31, 2001 thereafter four (4) Fiscal Quarter ending -$17,000,000 March 31, 2002 Fiscal Quarter ending $15,000,000 June 30, 2002 Fiscal Quarter ending $53,000,000 September 30, 2002 Fiscal Quarter ending $80,000,000 December 31, 2002 and for each Fiscal Quarter thereafterQuarters then ended

Minimum EBITDA. Borrower Parent and its Subsidiaries shall have on a consolidated basis for each Fiscal Quarter fiscal quarter set forth below an EBITDA for the Rolling Period then ended of not less than the following: Fiscal Quarter Minimum EBITDA Fiscal Quarter ending June 30, $8,000,000 49,000,000 2001 Fiscal Quarter ending September $50,000,000 30, 2001 Fiscal Quarter ending December $6,000,000 December 60,000,000 31, 2001 Fiscal Quarter ending -$17,000,000 March 31, 2002 Fiscal Quarter ending $15,000,000 June 30, 2002 Fiscal Quarter ending $53,000,000 September 30, 2002 Fiscal Quarter ending $80,000,000 December 31, 2002 and for each Fiscal Quarter thereafter

Minimum EBITDA. EBITDA of the Borrower and its Consolidated Subsidiaries shall have on a consolidated basis for each of the following Fiscal Quarter set forth below an EBITDA for the Rolling Period then ended of not less than the followingQuarters shall be at least that amount prescribed opposite such Fiscal Quarter: Fiscal Quarter Minimum Ending: EBITDA Fiscal Quarter ending --------------------- ------ December 31, 2000 $8,000,000 17,900,000 April 4, 2001 $17,700,000 July 1, 2001 $20,000,000 September 30, 2001 Fiscal Quarter ending $6,000,000 15,000,000 December 3130, 2001 Fiscal Quarter ending -$17,000,000 $19,000,000 March 31, 2002 Fiscal Quarter ending $15,000,000 June 30, 2002 Fiscal Quarter ending $53,000,000 September 30, 2002 Fiscal Quarter ending $80,000,000 December 31, 2002 17,000,000 and for each Fiscal Quarter thereafter