Common use of MINIMUM GROSS SALES Clause in Contracts

MINIMUM GROSS SALES. The Company shall not permit the Gross Sales as of the end of any fiscal period set forth below to be less than the applicable amount set forth below: Fiscal Period(s) ending on or about Amount ----------------------------------- -------------- twelve months ended 12/31/02 $1,975,000,000 twelve months ended 1/31/03 $1,834,400,000 twelve months ended 2/28/03 $1,795,700,000 twelve months ended 3/31/03 $1,750,700,000 twelve months ended 4/30/03 $1,737,300,000 twelve months ended 5/31/03 $1,750,900,000 twelve months ended 6/30/03 $1,737,600,000 twelve months ended 7/31/03 $1,728,800,000 twelve months ended 8/31/03 $1,724,800,000 twelve months ended 9/30/03 $1,725,400,000 twelve months ended 10/31/03 $1,728,000,000 twelve months ended 11/30/03 $1,709,100,000 twelve months ended 12/31/03 $1,702,900,000 twelve months ended 1/31/04 $1,700,000,000 twelve months ended 2/29/04 $1,697,600,000 twelve months ended 3/31/04 $1,694,500,000 twelve months ended 4/30/04 $1,690,300,000 twelve months ended 5/31/04 $1,682,900,000 twelve months ended 6/30/04 $1,676,300,000 and the twelve month period ended on the $1,676,300,000 last day of each month thereafter 1.4 Paragraph 6M Minimum Interest Coverage Ratio of the Original NPAs is amended in its entirety to read as follows:

MINIMUM GROSS SALES. The Company shall not permit the Gross Sales as of the end of any fiscal period set forth below to be less than the applicable amount set forth below: Fiscal Period(s) ending on or about Amount ----------------------------------- -------------- ------ twelve months ended 12/31/02 $1,975,000,000 twelve months ended 1/31/03 $1,834,400,000 1,820,000,000 twelve months ended 2/28/03 $1,795,700,000 1,780,000,000 twelve months ended 3/31/03 $1,750,700,000 1,740,000,000 twelve months ended 4/30/03 $1,737,300,000 1,725,000,000 twelve months ended 5/31/03 $1,750,900,000 1,740,000,000 twelve months ended 6/30/03 $1,737,600,000 1,720,000,000 twelve months ended 7/31/03 $1,728,800,000 1,715,000,000 twelve months ended 8/31/03 $1,724,800,000 1,710,000,000 twelve months ended 9/30/03 $1,725,400,000 1,700,000,000 twelve months ended 10/31/03 $1,728,000,000 1,715,000,000 twelve months ended 11/30/03 $1,709,100,000 1,695,000,000 twelve months ended 12/31/03 $1,702,900,000 1,700,000,000 twelve months ended 1/31/04 $1,700,000,000 twelve months ended 2/29/04 $1,697,600,000 1,695,000,000 twelve months ended 3/31/04 $1,694,500,000 1,690,000,000 twelve months ended 4/30/04 $1,690,300,000 1,690,000,000 twelve months ended 5/31/04 $1,682,900,000 1,680,000,000 twelve months ended 6/30/04 $1,676,300,000 and the 1,670,000,000 each twelve month period ended on the $1,676,300,000 last day of each month thereafterthereafter $1,670,000,000 1.4 1.7 Paragraph 6M 6O Minimum Interest Coverage Ratio of the Original NPAs Note Agreements is amended in its entirety to read as follows:

MINIMUM GROSS SALES. The Company shall not permit the Gross Sales as of the end of any fiscal period set forth below to be less than the applicable amount set forth below: Fiscal Period(s) ending on or about Amount ----------------------------------- -------------- ------------------------------------- ------------------- twelve months ended 12/31/02 $1,975,000,000 twelve months ended 1/31/03 $1,834,400,000 twelve months ended 2/28/03 $1,795,700,000 twelve months ended 3/31/03 $1,750,700,000 twelve months ended 4/30/03 $1,737,300,000 twelve months ended 5/31/03 $1,750,900,000 twelve months ended 6/30/03 $1,737,600,000 twelve months ended 7/31/03 $1,728,800,000 twelve months ended 8/31/03 $1,724,800,000 twelve months ended 9/30/03 $1,725,400,000 twelve months ended 10/31/03 $1,728,000,000 twelve months ended 11/30/03 $1,709,100,000 twelve months ended 12/31/03 $1,702,900,000 twelve months ended 1/31/04 $1,700,000,000 twelve months ended 2/29/04 $1,697,600,000 twelve months ended 3/31/04 $1,694,500,000 twelve months ended 4/30/04 $1,690,300,000 twelve months ended 5/31/04 $1,682,900,000 twelve months ended 6/30/04 $1,676,300,000 and the each twelve month period ended on the $1,676,300,000 last day of each month thereafterthereafter $1,670,000,000 1.4 Paragraph 6M 6O Minimum Interest Coverage Ratio of the Original NPAs Note Agreements is amended in its entirety to read as follows:

MINIMUM GROSS SALES. The Company shall not permit the Gross Sales as of the end of any fiscal period set forth below to be less than the applicable amount set forth below: Fiscal Period(s) ending on or about Amount ----------------------------------- -------------- ------ three months ended 3/31/02 $460,000,000 four months ended 4/30/02 $625,000,000 five months ended 5/31/02 $805,000,000 six months ended 6/30/02 $990,000,000 seven months ended 7/31/02 $1,200,000,000 eight months ended 8/31/02 $1,340,000,000 nine months ended 9/30/02 $1,520,000,000 ten months ended 10/31/02 $1,670,000,000 eleven months ended 11/30/02 $1,815,000,000 twelve months ended 12/31/02 $1,975,000,000 twelve months ended 1/31/03 $1,834,400,000 1,965,000,000 twelve months ended 2/28/03 $1,795,700,000 1,955,000,000 twelve months ended 3/31/03 $1,750,700,000 1,945,000,000 twelve months ended 4/30/03 $1,737,300,000 1,930,000,000 twelve months ended 5/31/03 $1,750,900,000 1,920,000,000 twelve months ended 6/30/03 $1,737,600,000 1,910,000,000 twelve months ended 7/31/03 $1,728,800,000 1,900,000,000 twelve months ended 8/31/03 $1,724,800,000 1,890,000,000 twelve months ended 9/30/03 $1,725,400,000 1,875,000,000 twelve months ended 10/31/03 $1,728,000,000 1,870,000,000 twelve months ended 11/30/03 $1,709,100,000 1,865,000,000 twelve months ended 12/31/03 $1,702,900,000 1,860,000,000 twelve months ended 1/31/04 $1,700,000,000 1,850,000,000 twelve months ended 2/29/04 $1,697,600,000 1,840,000,000 twelve months ended 3/31/04 $1,694,500,000 1,830,000,000 twelve months ended 4/30/04 $1,690,300,000 1,820,000,000 twelve months ended 5/31/04 $1,682,900,000 1,805,000,000 twelve months ended 6/30/04 $1,676,300,000 1,795,000,000 and the twelve month period $1,700,000,000 ended on the $1,676,300,000 last day of each month thereafter 1.4 Paragraph 6M Minimum Interest Coverage Ratio of the Original NPAs is amended in its entirety to read as follows:

MINIMUM GROSS SALES. The Company shall not permit the Gross Sales as of the end of any fiscal period set forth below to be less than the applicable amount set forth below: Fiscal Period(s) ending on or about Amount ----------------------------------- -------------- ------ three months ended 3/31/02 $ 460,000,000 four months ended 4/30/02 $ 625,000,000 five months ended 5/31/02 $ 805,000,000 six months ended 6/30/02 $ 990,000,000 seven months ended 7/31/02 $1,200,000,000 eight months ended 8/31/02 $1,340,000,000 nine months ended 9/30/02 $1,520,000,000 ten months ended 10/31/02 $1,670,000,000 eleven months ended 11/30/02 $1,815,000,000 twelve months ended 12/31/02 $1,975,000,000 twelve months ended 1/31/03 $1,834,400,000 1,965,000,000 twelve months ended 2/28/03 $1,795,700,000 1,955,000,000 twelve months ended 3/31/03 $1,750,700,000 1,945,000,000 twelve months ended 4/30/03 $1,737,300,000 1,930,000,000 twelve months ended 5/31/03 $1,750,900,000 1,920,000,000 twelve months ended 6/30/03 $1,737,600,000 1,910,000,000 twelve months ended 7/31/03 $1,728,800,000 1,900,000,000 twelve months ended 8/31/03 $1,724,800,000 1,890,000,000 twelve months ended 9/30/03 $1,725,400,000 1,875,000,000 twelve months ended 10/31/03 $1,728,000,000 1,870,000,000 twelve months ended 11/30/03 $1,709,100,000 1,865,000,000 twelve months ended 12/31/03 $1,702,900,000 1,860,000,000 twelve months ended 1/31/04 $1,700,000,000 1,850,000,000 twelve months ended 2/29/04 $1,697,600,000 1,840,000,000 twelve months ended 3/31/04 $1,694,500,000 1,830,000,000 twelve months ended 4/30/04 $1,690,300,000 1,820,000,000 twelve months ended 5/31/04 $1,682,900,000 1,805,000,000 twelve months ended 6/30/04 $1,676,300,000 1,795,000,000 and the twelve month period ended on the $1,676,300,000 last day of each month thereafter 1.4 Paragraph 6M Minimum Interest Coverage Ratio of the Original NPAs is amended in its entirety to read as follows:thereafter $1,700,000,000

MINIMUM GROSS SALES. The Company shall not permit the Gross Sales as of the end of any fiscal period set forth below to be less than the applicable amount set forth below: Fiscal Period(s) ending on or about Amount ----------------------------------- -------------- twelve months ended 12/31/02 $1,975,000,000 twelve months ended 1/31/03 $1,834,400,000 1,820,000,000 twelve months ended 2/28/03 $1,795,700,000 1,780,000,000 twelve months ended 3/31/03 $1,750,700,000 1,740,000,000 twelve months ended 4/30/03 $1,737,300,000 1,725,000,000 twelve months ended 5/31/03 $1,750,900,000 1,740,000,000 twelve months ended 6/30/03 $1,737,600,000 1,720,000,000 twelve months ended 7/31/03 $1,728,800,000 1,715,000,000 twelve months ended 8/31/03 $1,724,800,000 1,710,000,000 twelve months ended 9/30/03 $1,725,400,000 1,700,000,000 twelve months ended 10/31/03 $1,728,000,000 1,715,000,000 twelve months ended 11/30/03 $1,709,100,000 1,695,000,000 twelve months ended 12/31/03 $1,702,900,000 1,700,000,000 twelve months ended 1/31/04 $1,700,000,000 twelve months ended 2/29/04 $1,697,600,000 1,695,000,000 twelve months ended 3/31/04 $1,694,500,000 1,690,000,000 twelve months ended 4/30/04 $1,690,300,000 1,690,000,000 twelve months ended 5/31/04 $1,682,900,000 1,680,000,000 twelve months ended 6/30/04 $1,676,300,000 1,670,000,000 and the twelve month period ended on the $1,676,300,000 last day of each month thereafter 1.4 Paragraph 6M Minimum Interest Coverage Ratio of the Original NPAs is amended in its entirety to read as follows:thereafter $1,670,000,000