Common use of Minimum EBITDA Clause in Contracts

Minimum EBITDA. Achieve, measured as of the end of each month, for the trailing six-month period ending as of the end of such month, EBITDA of at least the following minimum amounts for the months ending during the following periods (amounts in parentheses below represent negative numbers): Period Minimum EBITDA January 31, 2012 ($ 2,500,000 ) February 29, 2012 through and including April 30, 2012 ($ 3,500,000 ) May 31, 2012 through and including July 31, 2012 ($ 3,000,000 ) August 31, 2012 through and including October 31, 2012 ($ 2,500,000 ) November 30, 2012 through and including January 31, 2013 ($ 1,000,000 ) February 28, 2013 through and including May 31, 2013 ($ 2,000,000 ) June 30, 2013 and each monthly period ending thereafter ($ 1,000,000 )”

Minimum EBITDA. AchieveAchieve EBITDA, measured as of the on a month-end of each monthbasis, for the trailing six-month period ending as of the end of such month, EBITDA of at least the required amount set forth in the following minimum amounts table for the months applicable period set forth opposite thereto: Applicable Amount Applicable Period $2,117,000 For the 4 month period ending during the following periods (amounts in parentheses below represent negative numbers): Period Minimum EBITDA January 31, 2012 ($ 2,500,000 ) February 29, 2012 through and including April 30, 2012 ($ 3,500,000 ) 2016 $3,316,000 For the 5 month period ending May 31, 2012 through and including 2016 $4,858,000 For the 6 month period ending June 30, 2016 $6,933,000 For the 7 month period ending July 31, 2012 ($ 3,000,000 ) 2016 $9,036,000 For the 8 month period ending August 31, 2012 through and including 2016 $11,171,000 For the 9 month period ending September 30, 2016 $13,354,000 For the 10 month period ending October 31, 2012 ($ 2,500,000 ) 2016 $15,565,000 For the 11 month period ending November 30, 2012 through and including January 2016 $17,850,000 For the 12 month period ending December 31, 2013 ($ 1,000,000 ) February 282016, 2013 through and including May 31, 2013 ($ 2,000,000 ) June 30, 2013 and for each monthly 12 month period ending thereafter ($ 1,000,000 )”each month thereafter

Minimum EBITDA. AchieveEBITDA, measured as of the on a month-end of each monthbasis, for the trailing six-month period ending as of the end of such month, EBITDA of at least the required amount set forth in the following minimum amounts table for the months applicable period set forth opposite thereto: Applicable Amount Applicable Period $400,000 For the 3 month period ending during the following periods (amounts in parentheses below represent negative numbers): Period Minimum EBITDA January December 31, 2012 ($ 2,500,000 ) February 29, 2012 through and including April 30, 2012 ($ 3,500,000 ) May 2005 $1,400,000 For the 6 month period ending March 31, 2012 through and including July 31, 2012 ($ 3,000,000 ) August 31, 2012 through and including October 31, 2012 ($ 2006 $2,500,000 ) November 30, 2012 through and including January 31, 2013 ($ 1,000,000 ) February 28, 2013 through and including May 31, 2013 ($ 2,000,000 ) For the 9 month period ending June 30, 2013 and each monthly 2006 $5,200,000 For the 12 month period ending thereafter ($ 1,000,000 )”September 30, 2006 $8,900,000 For the 12 month period ending December 31, 2006 $11,900,000 For the 12 month period ending March 31, 2007 $14,000,000 For the 12 month period ending on the last day of each quarter thereafter

Minimum EBITDA. AchieveAchieve EBITDA, measured as of the on a quarter-end of each monthbasis, for the trailing six-month period ending as of the end of such month, EBITDA of at least the required amount set forth in the following minimum amounts table for the months applicable period set forth opposite thereto: Applicable Amount Applicable Period $ 15,500,000 For the 12 month period ending during May 2, 2010 $ 15,000,000 For the following periods (amounts in parentheses below represent negative numbers): Period Minimum EBITDA January 12 month period ending August 1, 2010 $ 14,000,000 For the 12 month period ending October 31, 2012 (2010 $ 2,500,000 ) February 14,750,000 For the 12 month period ending January 30, 2011 $ 16,500,000 For the 12 month period ending May 1, 2011 $ 17,000,000 For the 12 month period ending July 31, 2011 $ 18,000,000 For the 12 month period ending October 31, 2011 $ 19,000,000 For the 12 month period ending January 29, 2012 through and including $ 19,000,000 For the 12 month period ending April 3029, 2012 ($ 3,500,000 ) May 3120,000,000 For the 12 month period ending July 29, 2012 through and including July 31, 2012 ($ 3,000,000 ) August 31, 2012 through and including October 31, 2012 ($ 2,500,000 ) November 30, 2012 through and including January 31, 2013 ($ 1,000,000 ) February 28, 2013 through and including May 31, 2013 ($ 2,000,000 ) June 30, 2013 and each monthly 20,000,000 For the 12 month period ending thereafter ($ 1,000,000 )”each quarter thereafter

Minimum EBITDA. AchieveEBITDA, measured as of the on a month-end of each monthbasis, for the trailing six-month period ending as of the end of such month, EBITDA of at least the required amount set forth in the following minimum amounts table for the months applicable period set forth opposite thereto: Applicable Amount Applicable Period $1,200,000 For the 3 month period ending during the following periods (amounts in parentheses below represent negative numbers): Period Minimum EBITDA January December 31, 2012 ($ 2,500,000 ) February 29, 2012 through and including April 30, 2012 ($ 3,500,000 ) May 2004 $2,100,000 For the 6 month period ending March 31, 2012 through and including July 31, 2012 2005 $($ 3,000,000 29,250,000) August 31, 2012 through and including October 31, 2012 ($ 2,500,000 ) November 30, 2012 through and including January 31, 2013 ($ 1,000,000 ) February 28, 2013 through and including May 31, 2013 ($ 2,000,000 ) For the 9 month period ending June 30, 2013 and each monthly 2005 $(38,500,000) For the 12 month period ending thereafter September 30, 2005 $($ 1,000,000 )44,000,000) For the 12 month period ending December 31, 2005 Applicable Amount Applicable Period $(28,500,000) For the 12 month period ending March 31, 2006 $(15,000,000) For the 12 month period ending June 30, 2006 $0 For the 12 month period ending September 30, 2006”

Minimum EBITDA. AchieveEBITDA, measured as of the on a fiscal quarter-end of each monthbasis, for the trailing six-month each period ending as of the end of such monthset forth below, EBITDA of at least the required amount set forth in the following minimum amounts table for the months applicable period set forth opposite thereto: Applicable Amount Applicable Period ($4,300,000) For the twelve month period ending during the following periods (amounts in parentheses below represent negative numbers): Period Minimum EBITDA January on December 31, 2012 2015 ($ 2,500,000 $3,667,000) February 29, 2012 through and including April 30, 2012 ($ 3,500,000 ) May For the twelve month period ending on March 31, 2012 through and including July 31, 2012 2016 ($ 3,000,000 $1,780,000) August 31, 2012 through and including October 31, 2012 ($ 2,500,000 ) November 30, 2012 through and including January 31, 2013 ($ 1,000,000 ) February 28, 2013 through and including May 31, 2013 ($ 2,000,000 ) For the twelve month period ending on June 30, 2013 and each monthly 2016 ($2,070,000) For the twelve month period ending thereafter on September 30, 2016 ($ 1,000,000 )”$4,340,000) For the twelve month period ending on December 31, 2016 ; and

Minimum EBITDA. AchieveFail to achieve EBITDA, measured as of the end of each monthon a quarterly basis, for the trailing six-month period ending as of the end of such month, EBITDA of at least the required amount set forth in the following minimum amounts table for the months applicable period set forth opposite thereto: Applicable Amount Applicable Period $ 4,200,000 For the 12 month period ending during the following periods (amounts in parentheses below represent negative numbers): Period Minimum EBITDA January December 31, 2012 (2009 $ 2,500,000 ) February 29, 2012 through and including April 30, 2012 ($ 3,500,000 ) May 4,200,000 For the 12 month period ending March 31, 2012 through and including July 31, 2012 (2010 $ 3,000,000 ) August 31, 2012 through and including October 31, 2012 ($ 2,500,000 ) November 30, 2012 through and including January 31, 2013 ($ 1,000,000 ) February 28, 2013 through and including May 31, 2013 ($ 2,000,000 ) 4,200,000 For the 12 month period ending June 30, 2013 and each monthly 2010 $ 6,100,000 For the 12 month period ending thereafter (September 30, 2010 $ 1,000,000 )”9,200,000 For the 12 month period ending December 31, 2010 $ 10,900,000 For the 12 month period ending March 31, 2011 $ 12,400,000 For the 12 month period ending June 30, 2011 $ 12,500,000 For the 12 month period ending each fiscal quarter thereafter

Minimum EBITDA. AchieveEBITDA, measured as of the on a fiscal quarter-end of each monthbasis, for the trailing six-month period ending as of the end of such month, EBITDA of at least the required amount set forth in the following minimum amounts table for the months applicable period set forth opposite thereto. Applicable Amount Applicable Period $62,500,000 For the 12 month period ending during the following periods (amounts in parentheses below represent negative numbers): Period Minimum EBITDA January on March 31, 2012 ($ 2,500,000 ) February 29, 2012 through and including April 30, 2012 ($ 3,500,000 ) May 31, 2012 through and including July 31, 2012 ($ 3,000,000 ) August 31, 2012 through and including October 31, 2012 ($ 2,500,000 ) November 30, 2012 through and including January 31, 2013 ($ 1,000,000 ) February 28, 2013 through and including May 31, 2013 ($ 2,000,000 ) 2004 $62,500,000 For the 12 month period ending on June 30, 2013 and each monthly 2004 $62,500,000 For the 12 month period ending thereafter ($ 1,000,000 )”on September 30, 2004 $62,500,000 For the 12 month period ending on December 31, 2004 $85,000,000 For the 12 month period ending on March 31, 2005 $85,000,000 For the 12 month period ending on June 30, 2005 $85,000,000 For the 12 month period ending on September 30, 2005 $85,000,000 For the 12 month period ending on December 31, 2005 $95,000,000 For the 12 month period ending on March 31, 2006 and for each 12 month period ending on the last day any fiscal quarter of Borrower thereafter

Minimum EBITDA. AchieveFail to achieve EBITDA, measured as of the on a quarter-end of each monthbasis, for the trailing six-month period ending as of the end of such month, EBITDA of at least the required amount set forth in the following minimum amounts table for the months applicable period set forth opposite thereto: Applicable Amount Applicable Period $7,450,200 For the three month period ending during the following periods (amounts in parentheses below represent negative numbers): Period Minimum EBITDA January 31, 2012 ($ 2,500,000 ) February 29, 2012 through and including April 30, 2012 ($ 3,500,000 ) May 31, 2012 through and including July 31, 2012 ($ 3,000,000 ) 2007 $13,884,300 For the six month period ending August 31, 2012 through and including October 31, 2012 ($ 2,500,000 ) 2007 $25,870,500 For the nine month period ending November 30, 2012 through and including January 31, 2013 ($ 1,000,000 ) 2007 $32,690,700 For the four quarter period ending February 28, 2013 through and including 2008 $34,005,600 For the four quarter period ending May 31, 2013 ($ 2,000,000 ) June 2008 $35,328,600 For the four quarter period ending August 31, 2008 $38,497,500 For the four quarter period ending November 30, 2013 and each monthly 2008 $39,610,800 For the four quarter period ending thereafter ($ 1,000,000 )”February 28, 2009 $39,600,000 For the four quarter period ending each quarter thereafter

Minimum EBITDA. AchieveFail to achieve EBITDA, measured as of the on a month end of each monthbasis, for the trailing six-month period ending as of the end of such month, EBITDA of at least the required amount set forth in the following minimum amounts table for the months applicable period set forth opposite thereto: Applicable Amount Applicable Period $ 2,900,000 For the 3 month period ending during the following periods (amounts in parentheses below represent negative numbers): Period Minimum EBITDA January March 31, 2012 (2007 $ 2,500,000 ) February 29, 2012 through and including April 30, 2012 ($ 3,500,000 ) May 31, 2012 through and including July 31, 2012 ($ 3,000,000 ) August 31, 2012 through and including October 31, 2012 ($ 2,500,000 ) November 30, 2012 through and including January 31, 2013 ($ 1,000,000 ) February 28, 2013 through and including May 31, 2013 ($ 2,000,000 ) 10,000,000 For the 6 month period ending June 30, 2013 and each monthly 2007 $ 15,000,000 For the 9 month period ending thereafter (September 30, 2007 $ 1,000,000 )”20,000,000 For the 12 month period ending December 31, 2007 $ 20,500,000 For the 12 month period ending March 31, 2008 $ 21,000,000 For the 12 month period ending June 30, 2008 $ 22,250,000 For the 12 month period ending September 30, 2008 $ 23,500,000 For the 12 month period ending December 31, 2008 $ 24,750,000 For the 12 month period ending March 31, 2009 $ 26,000,000 For the 12 month period ending June 30, 2009 $ 26,000,000 For each 12 month period ending thereafter

Minimum EBITDA. AchieveFor the period from (i) the Forbearance Effective Date through June 30, measured as of the end of each month2009, for the trailing six-month period ending as of the end of such month, fail to achieve EBITDA of at least the required amount set forth in the following minimum amounts table for the months applicable period set forth opposite thereto: Applicable Amount Applicable Period $0 For the 1 month period ending during October 31, 2008 $1,014,000 For the following periods (amounts in parentheses below represent negative numbers): Period Minimum EBITDA 1 month period ending November 30, 2008 $925,000 For the 1 month period ending December 31, 2008 $931,000 For the 1 month period ending January 31, 2012 ($ 2,500,000 ) 2009 $901,000 For the 1 month period ending February 2928, 2012 through and including 2009 $872,000 For the 1 month period ending March 31, 2009 $845,000 For the 1 month period ending April 30, 2012 ($ 3,500,000 ) 2009 $822,000 For the 1 month period ending May 31, 2012 through and including July 31, 2012 ($ 3,000,000 ) August 31, 2012 through and including October 31, 2012 ($ 2,500,000 ) November 30, 2012 through and including January 31, 2013 ($ 1,000,000 ) February 28, 2013 through and including May 31, 2013 ($ 2,000,000 ) 2009 $797,000 For the 1 month period ending June 30, 2013 and each monthly period ending thereafter ($ 1,000,000 )”2009

Minimum EBITDA. AchieveEBITDA, measured as of the on a quarter-end of each monthbasis, for the trailing six-month period ending as of the end of such month, EBITDA of at least the required amount set forth in the following minimum amounts table for the months applicable period set forth opposite thereto: Applicable Amount Applicable Period $8,900,000 the 12 month period ending during April 1, 2007 $8,500,000 the following periods (amounts in parentheses below represent negative numbers): Period Minimum EBITDA January 3112 month period ending July 1, 2012 ($ 2,500,000 ) February 2007 $9,600,000 the 12 month period ending September 30, 2007 $9,100,000 the 12 month period ending December 30, 2007 $9,400,000 the 12 month period ending March 30, 2008 $9,200,000 the 12 month period ending June 29, 2012 through and including April 30, 2012 ($ 3,500,000 ) May 31, 2012 through and including July 31, 2012 ($ 3,000,000 ) August 31, 2012 through and including October 31, 2012 ($ 2,500,000 ) November 30, 2012 through and including January 31, 2013 ($ 1,000,000 ) February 2008 $10,300,000 the 12 month period ending September 28, 2013 through and including May 31, 2013 ($ 2,000,000 ) June 30, 2013 and each monthly 2008 $11,700,000 the 12 month period ending thereafter ($ 1,000,000 )”December 28, 2008

Minimum EBITDA. AchieveFail to achieve EBITDA, measured as of the on a quarter-end of each monthbasis, for the trailing six-month period ending as of the end of such month, EBITDA of at least the required amount set forth in the following minimum amounts table for the months ending during applicable period set forth opposite thereto: Required Amount Applicable Period $603,000 For the following periods (amounts in parentheses below represent negative numbers): Period Minimum EBITDA January 31, 2012 ($ 2,500,000 ) February 29, 2012 through and including April 30, 2012 ($ 3,500,000 ) May 31, 2012 through and including July 31, 2012 ($ 3,000,000 ) August 31, 2012 through and including October 31, 2012 ($ 2,500,000 ) November 30, 2012 through and including January 31, 2013 ($ 1,000,000 ) February 28, 2013 through and including May 31, 2013 ($ 2,000,000 ) June 30, 2013 and each monthly 3 month period ending thereafter ($ 1,000,000 )”8/31/07 $1,385,000 For the 6 month period ending 11/30/07 $2,323,000 For the 9 month period ending 2/29/08 $3,350,000 For the 12 month period ending 5/31/08 $3,481,000 For the 12 month period ending 8/31/08 $3,513,000 For the 12 month period ending 11/30/08 $3,492,000 For the 12 month period ending 2/28/09 $3,495,000 For the 12 month period ending 5/31/09 $3,498,000 For the 12 month period ending 8/31/09 $3,501,000 For the 12 month period ending 11/30/09, and for the 12 month periods ending on the last day of each February, May, August and November thereafter

Minimum EBITDA. AchieveEBITDA, measured as of the on a fiscal quarter-end of each monthbasis, for the trailing six-month period ending as of the end of such month, EBITDA of at least the required amount set forth in the following minimum amounts table for the months applicable period set forth opposite thereto: Applicable Amount Applicable Period $ 12,750,000 For the 3 month period ending during the following periods (amounts in parentheses below represent negative numbers): Period Minimum EBITDA January December 31, 2012 (2002 $ 2,500,000 ) February 29, 2012 through and including April 30, 2012 ($ 3,500,000 ) May 20,500,000 For the 6 month period ending March 31, 2012 through and including July 31, 2012 (2003 $ 3,000,000 ) August 31, 2012 through and including October 31, 2012 ($ 2,500,000 ) November 30, 2012 through and including January 31, 2013 ($ 1,000,000 ) February 28, 2013 through and including May 31, 2013 ($ 2,000,000 ) 29,500,000 For the 9 month period ending June 30, 2013 2003 $ 40,500,000 For the 12 month period ending September 30, 2003 $ 43,000,000 For the 12 month period ending December 31, 2003 $ 45,000,000 For the 12 month period ending March 31, 2004 $ 48,000,000 For the 12 month period ending June 30, 2004 $ 50,500,000 For the 12 month period ending September 30, 2004 $ 54,000,000 For the 12 month period ending December 31, 2004 and each monthly period ending thereafter ($ 1,000,000 )”fiscal quarter ended thereafter

Minimum EBITDA. AchieveAchieve EBITDA, measured as of the on a month-end of each monthbasis, for the trailing six-month period ending as of the end of such month, EBITDA of at least the required amount set forth in the following minimum amounts table for the months applicable period set forth opposite thereto: Applicable Amount Applicable Period $17,500,000.00 For the 6 month period ending during the following periods (amounts in parentheses below represent negative numbers): Period Minimum EBITDA January 31, 2012 ($ 2,500,000 ) February 29, 2012 through and including April June 30, 2012 ($ 3,500,000 ) May 31, 2012 through and including 2009 $20,416,666.67 For the 7 month period ending July 31, 2012 ($ 3,000,000 ) 2009 $23,333,333.33 For the 8 month period ending August 31, 2012 through and including 2009 $26,250,000.00 For the 9 month period ending September 20, 2009 $29,166,666.67 For the 10 month period ending October 31, 2012 ($ 2,500,000 ) 2009 $32,083,333.33 For the 11 month period ending November 30, 2012 through and including January 2009 $35,000,000.00 For the 12 month period ending December 31, 2013 ($ 1,000,000 ) February 28, 2013 through and including May 31, 2013 ($ 2,000,000 ) June 30, 2013 and each monthly 2009 $35,000,000.00 For the 12 month period ending thereafter ($ 1,000,000 )”on the last day of each month thereafter

Minimum EBITDA. AchieveEBITDA, measured as of the on a month-end of each monthbasis, for the trailing six-month period ending as of the end of such month, EBITDA of at least the required amount set forth in the following minimum amounts table for the months applicable period set forth opposite thereto: Applicable Amount Applicable Period $ 1,200,000 For the 3 month period ending during the following periods (amounts in parentheses below represent negative numbers): Period Minimum EBITDA January December 31, 2012 (2004 $ 2,500,000 ) February 29, 2012 through and including April 30, 2012 ($ 3,500,000 ) May 2,100,000 For the 6 month period ending March 31, 2012 through and including July 31, 2012 2005 $ ($ 3,000,000 29,250,000) August 31, 2012 through and including October 31, 2012 ($ 2,500,000 ) November 30, 2012 through and including January 31, 2013 ($ 1,000,000 ) February 28, 2013 through and including May 31, 2013 ($ 2,000,000 ) For the 9 month period ending June 30, 2013 and each monthly 2005 $ (38,500,000) For the 12 month period ending thereafter September 30, 2005 $ (92,500,000) For the 12 month period ending December 31, 2005 $ 1,000,000 )(80,500,000) For the 12 month period ending March 31, 2006 $ (61,500,000) For the 12 month period ending June 30, 2006 $ (31,000,000) For the 12 month period ending September 30, 2006 $ (5,350,000) For the 3 month period ending December 31, 2006 $ (8,500,000) For the 3 month period ending March 31, 2007 $ (5,650,000) For the 3 month period ending June 30, 2007”

Minimum EBITDA. AchieveEBITDA, measured as of the on a month-end of each monthbasis, for the trailing six-month period ending as of the end of such month, EBITDA of at least the required amount set forth in the following minimum amounts table for the months applicable period set forth opposite thereto: Applicable Amount Applicable Period $ 400,000 For the 3 month period ending during the following periods (amounts in parentheses below represent negative numbers): Period Minimum EBITDA January December 31, 2012 (2005 $ 1,400,000 For the 6 month period ending March 31, 2006 $ 2,500,000 ) February 29, 2012 through and including April 30, 2012 ($ 3,500,000 ) May 31, 2012 through and including July 31, 2012 ($ 3,000,000 ) August 31, 2012 through and including October 31, 2012 ($ 2,500,000 ) November 30, 2012 through and including January 31, 2013 ($ 1,000,000 ) February 28, 2013 through and including May 31, 2013 ($ 2,000,000 ) For the 9 month period ending June 30, 2013 and each monthly 2006 $ 5,200,000 For the 12 month period ending thereafter (September 30, 2006 $ 1,000,000 )”4,700,000 For the 12 month period ending December 31, 2006 $ 7,800,000 For the 12 month period ending March 31, 2007 $ 9,500,000 For the 12 month period ending June 30, 2007 $ 11,300,000 For the 12 month period ending September 30, 2007 $ 12,700,000 For the 12 month period ending December 31, 2007 $ 13,700,000 For the 12 month period ending March 31, 2008 $ 14,000,000 For the 12 month period ending on the last day of each quarter thereafter

Minimum EBITDA. AchieveFail to achieve EBITDA, measured as of the on a month-end of each monthbasis, for the trailing six-month period ending as of the end of such month, EBITDA of at least the required amount set forth in the following minimum amounts table for the months applicable period set forth opposite thereto: Applicable Amount Applicable Period $ 10,424,775 For the 4 month period ending during May 31, 2010 $ 12,259,927 For the following periods (amounts in parentheses below represent negative numbers): Period Minimum EBITDA 5 month period ending June 30, 2010 $ 14,193,433 For the 6 month period ending July 31, 2010 $ 16,623,528 For the 7 month period ending August 31, 2010 $ 19,067,812 For the 8 month period ending September 30, 2010 $ 21,627,032 For the 9 month period ending October 31, 2010 $ 24,126,754 For the 10 month period ending November 30, 2010 $ 26,893,441 For the 11 month period ending December 31, 2010 $ 29,554,770 For the 12 month period ending January 31, 2012 (2011 $ 2,500,000 ) February 29, 2012 through and including April 30, 2012 ($ 3,500,000 ) May 31, 2012 through and including July 31, 2012 ($ 3,000,000 ) August 31, 2012 through and including October 31, 2012 ($ 2,500,000 ) November 30, 2012 through and including January 31, 2013 ($ 1,000,000 ) 28,510,568 For the 12 month period ending February 28, 2013 through and including May 31, 2013 ($ 2,000,000 ) June 30, 2013 and each monthly period ending thereafter ($ 1,000,000 )”2011

Minimum EBITDA. Achieve, measured as of the end of each month, for the trailing six-month period ending as of the end of such month, EBITDA of at least the following minimum amounts for the months ending during the following periods (amounts in parentheses below represent negative numbers): Period Minimum EBITDA January 31, 2012 ($ 2,500,000 ) February 29, 2012 through and including April 30, 2012 ($ 3,500,000 ) May 31, 2012 through and including July 31, 2012 ($ 3,000,000 ) August 31, 2012 through and including October 31, 2012 ($ 2,500,000 ) November 30, 2012 through and including January 31, 2013 ($ 1,000,000 ) February 28, 2013 through and including May 31, 2013 ($ 2,000,000 ) June 30, 2013 and each monthly period ending thereafter ($ 1,000,000 )”” and inserting in lieu thereof the following:

Minimum EBITDA. AchieveFail to achieve EBITDA, measured as of the on a quarter-end of each monthbasis, for the trailing six-month period ending as of the end of such month, EBITDA of at least the required amount set forth in the following minimum amounts table for the months applicable period set forth opposite thereto: Applicable Amount Applicable Period $ 1,273,000 For the 3 month period ending during the following periods (amounts in parentheses below represent negative numbers): Period Minimum EBITDA January December 31, 2012 (2006 $ 2,500,000 ) February 29, 2012 through and including April 30, 2012 ($ 3,500,000 ) May 2,930,000 For the 6 month period ending March 31, 2012 through and including July 31, 2012 (2007 $ 3,000,000 ) August 31, 2012 through and including October 31, 2012 ($ 2,500,000 ) November 30, 2012 through and including January 31, 2013 ($ 1,000,000 ) February 28, 2013 through and including May 31, 2013 ($ 2,000,000 ) 5,117,000 For the 9 month period ending June 30, 2013 and each monthly 2007 $ 8,027,000 For the 12 month period ending thereafter (September 30, 2007 $ 1,000,000 )”8,931,000 For the 12 month period ending December 31, 2007 $ 9,436,000 For the 12 month period ending March 31, 2008 $ 9,736,000 For the 12 month period ending June 30, 2008 $ 9,606,000 For the 12 month period ending September 30, 2008 $ 10,000,000 For the 12 month period ending each quarter thereafter

Minimum EBITDA. Achieve, measured as of the end of each month, for the trailing six-month period ending as of the end of such month, EBITDA of at least the following minimum amounts for the months ending during the following periods (amounts in parentheses below represent negative numbers): Period Minimum EBITDA January December 31, 2012 ($ 2,500,000 ) February 29, 2012 through and including April 30, 2012 ($ 3,500,000 ) May 31, 2012 through and including July 31, 2012 ($ 3,000,000 ) August 31, 2012 through and including October 31, 2012 ($ 2,500,000 ) November 30, 2012 through and including January 31, 2013 ($ 1,000,000 $3,000,000 ) February 2829, 2013 through and including April 30, 2013 ($3,500,000 ) May 31, 2013 through and including June 30, 2013 ($ 2,000,000 $3,000,000 ) June July 31, 2013 through and including August 31, 2013 ($2,500,000 ) September 30, 2013 through and including October 31, 2013 ($1,000,000 ) November 30, 2013 and each monthly period ending thereafter ($ 1,000,000 )”1.00” and inserting in lieu thereof the following:

Minimum EBITDA. AchieveFail to achieve EBITDA, measured as on a quarter-end basis, of at least the end of each month, required amount set forth in the following table for the trailing six-applicable period set forth opposite thereto: Applicable Amount Applicable Period ($1,000,000) For the 3 month period ending March 31, 2007 $2,200,000 For the 6 month period ending June 30, 2007 $(4,922,000) For the 9 month period ending September 30, 2007 $(5,520,000) For the 12 month period ending December 31, 2007 $7,700,000 For the 12 month period ending March 31, 2008 $8,800,000 For the 12 month period ending June 30, 2008 $10,000,000 For the 12 month period ending September 30, 2008 Applicable Amount Applicable Period $10,000,000 For the 12 month period ending December 31, 2008 and for each 12 month period ending as of the end last day of such month, EBITDA of at least the following minimum amounts for the months ending during the following periods (amounts in parentheses below represent negative numbers): Period Minimum EBITDA January 31, 2012 ($ 2,500,000 ) February 29, 2012 through and including April 30, 2012 ($ 3,500,000 ) May 31, 2012 through and including July 31, 2012 ($ 3,000,000 ) August 31, 2012 through and including October 31, 2012 ($ 2,500,000 ) November 30, 2012 through and including January 31, 2013 ($ 1,000,000 ) February 28, 2013 through and including May 31, 2013 ($ 2,000,000 ) June 30, 2013 and each monthly period ending thereafter ($ 1,000,000 )fiscal quarter thereafter”

Minimum EBITDA. AchieveFail to achieve EBITDA, measured as of the on a fiscal quarter-end of each monthbasis, for the trailing six-month period ending as of the end of such month, EBITDA of at least the required amount set forth in the following minimum amounts table for the months applicable period set forth opposite thereto: Applicable Amount Applicable Period $2,000,000 For the 3 month period ending during September 30, 2006 $4,000,000 For the following periods (amounts in parentheses below represent negative numbers): Period Minimum EBITDA January 6 month period ending December 31, 2012 ($ 2,500,000 ) February 29, 2012 through and including April 30, 2012 ($ 3,500,000 ) May 2006 $6,000,000 For the 9 month period ending March 31, 2012 through and including July 31, 2012 ($ 3,000,000 ) August 31, 2012 through and including October 31, 2012 ($ 2,500,000 ) November 30, 2012 through and including January 31, 2013 ($ 1,000,000 ) February 28, 2013 through and including May 31, 2013 ($ 2,000,000 ) 2007 $11,000,000 For the 12 month period ending June 30, 2013 and each monthly 2007 $11,000,000 For the 12 month period ending thereafter ($ 1,000,000 )”September 30, 2007 Applicable Amount Applicable Period $11,000,000 For the 12 month period ending December 31, 2007 $11,000,000 For the 12 month period ending March 31, 2008 $11,000,000 For the 12 month period ending each fiscal quarter-end thereafter

Minimum EBITDA. AchieveHave EBITDA, measured as of the on a month-end of each monthbasis, for the trailing six-month period ending as of the end of such month, EBITDA of at least the required amount set forth in the following minimum amounts table for the months applicable period set forth opposite thereto: Required Amount Applicable Period $ 496,000 For the 2 month period ending during June 30, 2016 $ 2,291,000 For the following periods (amounts in parentheses below represent negative numbers): Period Minimum EBITDA 3 month period ending July 31, 2016 $ 4,970,000 For the 4 month period ending August 31, 2016 $ 7,978,000 For the 5 month period ending September 30, 2016 $ 10,577,000 For the 6 month period ending October 31, 2016 $ 13,268,000 For the 7 month period ending November 30, 2016 $ 16,000,000 For the 8 month period ending December 31, 2016 $ 18,000,000 For the 9 month period ending January 31, 2012 (2017 $ 2,500,000 ) 20,000,000 For the 10 month period ending February 2928, 2012 through and including 2017 $ 22,000,000 For the 11 month period ending March 31, 2017 $ 24,000,000 For the 12 month period ending April 30, 2012 ($ 3,500,000 ) May 31, 2012 through and including July 31, 2012 ($ 3,000,000 ) August 31, 2012 through and including October 31, 2012 ($ 2,500,000 ) November 30, 2012 through and including January 31, 2013 ($ 1,000,000 ) February 28, 2013 through and including May 31, 2013 ($ 2,000,000 ) June 30, 2013 2017 and each monthly 12 month period ending thereafter ($ 1,000,000 )”each month thereafter

Minimum EBITDA. AchieveEBITDA, measured as of the on a fiscal quarter-end of each monthbasis, for the trailing six-month each period ending as of the end of such monthset forth below, EBITDA of at least the required amount set forth in the following minimum amounts table for the months applicable period set forth opposite thereto: Applicable Amount Applicable Period ($4,300,000) For the twelve month period ending during the following periods (amounts in parentheses below represent negative numbers): Period Minimum EBITDA January on December 31, 2012 2015 ($ 2,500,000 $3,667,000) February 29, 2012 through and including April 30, 2012 ($ 3,500,000 ) May For the twelve month period ending on March 31, 2012 through and including July 31, 2012 2016 ($ 3,000,000 $1,780,000) August 31, 2012 through and including October 31, 2012 ($ 2,500,000 ) November 30, 2012 through and including January 31, 2013 ($ 1,000,000 ) February 28, 2013 through and including May 31, 2013 ($ 2,000,000 ) For the twelve month period ending on June 30, 2013 and each monthly 2016 ($2,070,000) For the twelve month period ending thereafter on September 30, 2016 ($ 1,000,000 )”$4,340,000) For the twelve month period ending on December 31, 2016 $0 For the twelve month period ending on March 31, 2017 ; and

Minimum EBITDA. AchieveAchieve EBITDA, measured as on a quarter-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period -$4,000,000 For the 3 month period ending March 31, 2008 -$4,000,000 For the 6 month period ending June 30, 2008 -$1,200,000 For the 9 month period ending September 30, 2008 $9,000,000 For the 12 month period ending December 31, 2008 $12,000,000 For the 12 month period ending March 31, 2009 $14,000,000 For the 12 month period ending June 30, 2009 $15,000,000 For the 12 month period ending September 30, 2009 and ending at the end of each month, for the trailing six-month period ending as of the end of such month, EBITDA of at least the following minimum amounts for the months ending during the following periods (amounts in parentheses below represent negative numbers): Period Minimum EBITDA January 31, 2012 ($ 2,500,000 ) February 29, 2012 through and including April 30, 2012 ($ 3,500,000 ) May 31, 2012 through and including July 31, 2012 ($ 3,000,000 ) August 31, 2012 through and including October 31, 2012 ($ 2,500,000 ) November 30, 2012 through and including January 31, 2013 ($ 1,000,000 ) February 28, 2013 through and including May 31, 2013 ($ 2,000,000 ) June 30, 2013 and each monthly period ending thereafter ($ 1,000,000 )”quarter thereafter

Minimum EBITDA. AchieveFail to achieve EBITDA, measured as of the on a quarter-end of each monthbasis, for the trailing six-month period ending as of the end of such month, EBITDA of at least the required amount set forth in the following minimum amounts table for the months applicable period set forth opposite thereto: Applicable Amount Applicable Period $1,273,000 For the 3 month period ending during the following periods (amounts in parentheses below represent negative numbers): Period Minimum EBITDA January December 31, 2012 ($ 2,500,000 ) February 29, 2012 through and including April 30, 2012 ($ 3,500,000 ) May 2006 $2,930,000 For the 6 month period ending March 31, 2012 through and including July 31, 2012 ($ 3,000,000 ) August 31, 2012 through and including October 31, 2012 ($ 2,500,000 ) November 30, 2012 through and including January 31, 2013 ($ 1,000,000 ) February 28, 2013 through and including May 31, 2013 ($ 2,000,000 ) 2007 $5,117,000 For the 9 month period ending June 30, 2013 and each monthly 2007 $8,027,000 For the 12 month period ending thereafter ($ 1,000,000 )”September 30, 2007 $7,400,000 For the 12 month period ending December 31, 2007 $8,000,000 For the 12 month period ending March 31, 2008 $11,200,000 For the 12 month period ending June 30, 2008 $11,750,000 For the 12 month period ending September 30, 2008 $12,000,000 For the 12 month period ending each quarter thereafter