Common use of Minimum EBITDAR Clause in Contracts

Minimum EBITDAR. Borrowers and their Subsidiaries on a consolidated basis shall have, at the end of each fiscal quarter set forth below, EBITDAR for the 12 month period then ending of not less than the following: Period Ending EBITDAR September 30, 2005 $12,712,000 December 31, 2005 $ 6,170,000 March 31, 2006 $ 3,242,000 June 30, 2006 $14,122,000 September 30, 2006 $16,653,000 December 31, 2006 $16,170,000 March 31, 2007 $16,300,000 June 30, 2007 $16,600,000 September 30, 2007 $16,900,000 December 31, 2007 and each fiscal quarter ending thereafter $17,000,000

Minimum EBITDAR. At the end of each Fiscal Month set forth below, the amount equal to the sum of EBITDAR for the 4-month period then ended of the Borrowers and their Subsidiaries on a consolidated basis shall have, at the end of each fiscal quarter set forth below, EBITDAR for the 12 month period then ending of not be less than the following: Period Ending amount set forth below opposite such Fiscal Month. Fiscal Month EBITDAR March 2009 $54,200,000 April 2009 $33,800,000 May 2009 $43,500,000 June 2009 $74,700,000 July 2009 $79,700,000 August 2009 $94,300,000 September 30, 2005 2009 $12,712,000 December 31, 2005 $ 6,170,000 March 31, 2006 $ 3,242,000 June 30, 2006 81,800,000 October 2009 $14,122,000 September 30, 2006 65,500,000 November 2009 $16,653,000 December 31, 2006 $16,170,000 March 31, 2007 $16,300,000 June 30, 2007 $16,600,000 September 30, 2007 $16,900,000 December 31, 2007 and each fiscal quarter ending thereafter $17,000,00041,700,000

Minimum EBITDAR. At the end of each Fiscal Month set forth below, the amount equal to the sum of EBITDAR for the 4-month period then ended of the Borrowers and their Subsidiaries on a consolidated basis shall have, at the end of each fiscal quarter set forth below, EBITDAR for the 12 month period then ending of not be less than the following: Period Ending amount set forth below opposite such Fiscal Month. Fiscal Month EBITDAR September 30, 2005 2008 $12,712,000 11,300,000 October 2008 $4,500,000 November 2008 $(3,600,000) December 31, 2005 $ 6,170,000 2008 $(8,000,000) January 2009 $700,000 February 2009 $1,100,000 March 31, 2006 $ 3,242,000 June 30, 2006 2009 $14,122,000 September 30, 2006 $16,653,000 December 31, 2006 $16,170,000 March 31, 2007 $16,300,000 June 30, 2007 $16,600,000 September 30, 2007 $16,900,000 December 31, 2007 and each fiscal quarter ending thereafter $17,000,00022,000,000

Minimum EBITDAR. At the end of each Fiscal Month set forth below, the amount equal to the sum of EBITDAR for the 4-month period then ended of the Borrowers and their Subsidiaries on a consolidated basis shall have, at the end of each fiscal quarter set forth below, EBITDAR for the 12 month period then ending of not be less than the following: Period Ending amount set forth below opposite such Fiscal Month. Fiscal Month EBITDAR September 30, 2005 $12,712,000 2008 $ 11,300,000 October 2008 $ 4,500,000 November 2008 $ (3,600,000 ) December 31, 2005 2008 $ 6,170,000 (8,000,000 ) January 2009 $ 700,000 February 2009 $ 1,100,000 March 31, 2006 2009 $ 3,242,000 June 30, 2006 $14,122,000 September 30, 2006 $16,653,000 December 31, 2006 $16,170,000 March 31, 2007 $16,300,000 June 30, 2007 $16,600,000 September 30, 2007 $16,900,000 December 31, 2007 and each fiscal quarter ending thereafter $17,000,00022,000,000