Common use of Non-Financed Capital Expenditures Clause in Contracts

Non-Financed Capital Expenditures. Borrowers’ and their Subsidiaries Non-Financed Capital Expenditures, measured on a month-end basis, for the [__] month period ending _________, 201__ were $___________, which [is/is not] an amount less than or equal to the applicable amount set forth in Section 8 of the Credit Agreement (and copied below) for the corresponding period. 4824-6167-8098/3 Applicable Amount Applicable Period $3,000,000 For the 1-month period ending January 31, 2013 $3,000,000 For the 2-month period ending February 28, 2013 $3,000,000 For the 3-month period ending March 31, 2013 $5,000,000 For the 4-month period ending April 30, 2013 $5,000,000 For the 5-month period ending May 31, 2013 $5,000,000 For the 6-month period ending June 30, 2013 $7,000,000 For the 7-month period ending July 31, 2013 $7,000,000 For the 8-month period ending August 31, 2013 $7,000,000 For the 9-month period ending September 30, 2013 $9,000,000 For the 10-month period ending October 31, 2013 $9,000,000 For the 11-month period ending November 30, 2013 $9,000,000 For the 12-month period ending December 31, 2013 $9,000,000 For the 12-month period ending January 31, 2014 $9,000,000 For the 12-month period ending February 28, 2014 $9,000,000 For the 12-month period ending March 31, 2014

Non-Financed Capital Expenditures. Borrowers’ and their Subsidiaries Subsidiaries’ Non-Financed Capital Expenditures, measured on a month-end basis, for the [__] month period ending _________, 201__ were $___________, which [is/is not] an amount less than or equal to the applicable amount {Z0030334/1 } Exhibit A – Schedule 1-1 set forth in Section 8 of the Credit Agreement (and copied below) for the corresponding period. 4824-6167-8098/3 Applicable Amount Applicable Period $3,000,000 20,000,000 For the 1-month period ending January 31, 2013 $3,000,000 For the 212-month period ending February 28, 2013 2015 $3,000,000 20,000,000 For the 312-month period ending March 31, 2013 2015 $5,000,000 20,000,000 For the 412-month period ending April 30, 2013 2015 $5,000,000 20,000,000 For the 512-month period ending May 31, 2013 2015 $5,000,000 20,000,000 For the 612-month period ending June 30, 2013 2015 $7,000,000 20,000,000 For the 712-month period ending July 31, 2013 2015 $7,000,000 20,000,000 For the 812-month period ending August 31, 2013 2015 $7,000,000 22,000,000 For the 912-month period ending September 30, 2013 2015 $9,000,000 22,000,000 For the 1012-month period ending October 31, 2013 2015 $9,000,000 22,000,000 For the 1112-month period ending November 30, 2013 2015 $9,000,000 22,000,000 For the 12-month period ending December 31, 2013 $9,000,000 For the 12-month period ending January 31, 2014 $9,000,000 For the 12-month period ending February 28, 2014 $9,000,000 For the 12-month period ending March 31, 20142015

Non-Financed Capital Expenditures. Borrowers’ and their Subsidiaries Incur or contract to incur Non-Financed Capital Expenditures, measured on a month-end basis, for the [__] month period ending _________, 201__ were $___________, which [is/is not] in an amount less than or equal to the applicable amount set forth in Section 8 of the Credit Agreement (and copied below) following table for the corresponding period. applicable period set forth opposite thereto: -4- 4824-6167-8098/3 Applicable Amount Applicable Period $3,000,000 For the 1-month period ending January 31, 2013 $3,000,000 For the 2-month period ending February 28, 2013 $3,000,000 For the 3-month period ending March 31, 2013 $5,000,000 For the 4-month period ending April 30, 2013 $5,000,000 For the 5-month period ending May 31, 2013 $5,000,000 For the 6-month period ending June 30, 2013 $7,000,000 For the 7-month period ending July 31, 2013 $7,000,000 For the 8-month period ending August 31, 2013 $7,000,000 For the 9-month period ending September 30, 2013 $9,000,000 For the 10-month period ending October 31, 2013 $9,000,000 For the 11-month period ending November 30, 2013 $9,000,000 For the 12-month period ending December 31, 2013 $9,000,000 For the 12-month period ending January 31, 2014 $9,000,000 For the 12-month period ending February 28, 2014 $9,000,000 For the 12-month period ending March 31, 2014

Non-Financed Capital Expenditures. Borrowers’ and their Subsidiaries Incur or contract to incur Non-Financed Capital Expenditures, measured on a month-end basis, for the [__] month period ending _________, 201__ were $___________, which [is/is not] in an amount less than or equal to the applicable amount set forth in Section 8 of the Credit Agreement (and copied below) following table for the corresponding period. 4824-6167-8098/3 applicable period set forth opposite thereto: {Z0027505/2 } -2- Applicable Amount Applicable Period $3,000,000 18,000,000 For the 1-month period ending January 31, 2013 $3,000,000 For the 2-month period ending February 28, 2013 $3,000,000 For the 3-month period ending March 31, 2013 $5,000,000 For the 4-month period ending April 30, 2013 $5,000,000 For the 512-month period ending May 31, 2013 2014 $5,000,000 18,000,000 For the 612-month period ending June 30, 2013 2014 $7,000,000 20,000,000 For the 712-month period ending July 31, 2013 2014 $7,000,000 20,000,000 For the 812-month period ending August 31, 2013 2014 $7,000,000 20,000,000 For the 912-month period ending September 30, 2013 2014 $9,000,000 19,000,000 For the 1012-month period ending October 31, 2013 2014 $9,000,000 19,000,000 For the 1112-month period ending November 30, 2013 2014 $9,000,000 19,000,000 For the 12-month period ending December 31, 2013 2014 $9,000,000 20,000,000 For the 12-month period ending January 31, 2014 2015 $9,000,000 20,000,000 For the 12-month period ending February 28, 2014 2015 $9,000,000 20,000,000 For the 12-month period ending March 31, 20142015

Non-Financed Capital Expenditures. Borrowers’ and their Subsidiaries Non-Financed Capital Expenditures, measured on a month-end basis, for the [__] month period ending _________, 201__ were $___________, which [is/is not] an amount less than or equal to the applicable amount {Z0027505/2 } Exhibit A – Schedule 1-1 set forth in Section 8 of the Credit Agreement (and copied below) for the corresponding period. 4824-6167-8098/3 Applicable Amount Applicable Period $3,000,000 18,000,000 For the 1-month period ending January 31, 2013 $3,000,000 For the 2-month period ending February 28, 2013 $3,000,000 For the 3-month period ending March 31, 2013 $5,000,000 For the 4-month period ending April 30, 2013 $5,000,000 For the 512-month period ending May 31, 2013 2014 $5,000,000 18,000,000 For the 612-month period ending June 30, 2013 2014 $7,000,000 20,000,000 For the 712-month period ending July 31, 2013 2014 $7,000,000 20,000,000 For the 812-month period ending August 31, 2013 2014 $7,000,000 20,000,000 For the 912-month period ending September 30, 2013 2014 $9,000,000 19,000,000 For the 1012-month period ending October 31, 2013 2014 $9,000,000 19,000,000 For the 1112-month period ending November 30, 2013 2014 $9,000,000 19,000,000 For the 12-month period ending December 31, 2013 2014 $9,000,000 20,000,000 For the 12-month period ending January 31, 2014 2015 $9,000,000 20,000,000 For the 12-month period ending February 28, 2014 2015 $9,000,000 20,000,000 For the 12-month period ending March 31, 20142015

Non-Financed Capital Expenditures. Borrowers’ and their Subsidiaries Incur or contract to incur Non-Financed Capital Expenditures, measured on a month-end basis, for the [__] month period ending _________, 201__ were $___________, which [is/is not] in an amount less than or equal to the applicable amount set forth in Section 8 of the Credit Agreement (and copied below) following table for the corresponding period. 4824-6167-8098/3 applicable period set forth opposite thereto: {Z0030334/1 } -2- Applicable Amount Applicable Period $3,000,000 20,000,000 For the 1-month period ending January 31, 2013 $3,000,000 For the 212-month period ending February 28, 2013 2015 $3,000,000 20,000,000 For the 312-month period ending March 31, 2013 2015 $5,000,000 20,000,000 For the 412-month period ending April 30, 2013 2015 $5,000,000 20,000,000 For the 512-month period ending May 31, 2013 2015 $5,000,000 20,000,000 For the 612-month period ending June 30, 2013 2015 $7,000,000 20,000,000 For the 712-month period ending July 31, 2013 2015 $7,000,000 20,000,000 For the 812-month period ending August 31, 2013 2015 $7,000,000 22,000,000 For the 912-month period ending September 30, 2013 2015 $9,000,000 22,000,000 For the 1012-month period ending October 31, 2013 2015 $9,000,000 22,000,000 For the 1112-month period ending November 30, 2013 2015 $9,000,000 22,000,000 For the 12-month period ending December 31, 2013 $9,000,000 For the 12-month period ending January 31, 2014 $9,000,000 For the 12-month period ending February 28, 2014 $9,000,000 For the 12-month period ending March 31, 20142015

Non-Financed Capital Expenditures. {Z0026725/1 } Exhibit A – Schedule 1-1 Borrowers’ and their Subsidiaries Non-Financed Capital Expenditures, measured on a month-end basis, for the [__] month period ending _________, 201__ were $___________, which [is/is not] an amount less than or equal to the applicable amount set forth in Section 8 of the Credit Agreement (and copied below) for the corresponding period. 4824-6167-8098/3 Applicable Amount Applicable Period $3,000,000 15,000,000 For the 1-month period ending January 31, 2013 $3,000,000 For the 2-month period ending February 28, 2013 $3,000,000 For the 312-month period ending March 31, 2013 2014 $5,000,000 15,000,000 For the 412-month period ending April 30, 2013 2014 $5,000,000 15,000,000 For the 512-month period ending May 31, 2013 2014 $5,000,000 16,000,000 For the 612-month period ending June 30, 2013 2014 $7,000,000 16,000,000 For the 712-month period ending July 31, 2013 2014 $7,000,000 16,000,000 For the 812-month period ending August 31, 2013 2014 $7,000,000 15,000,000 For the 912-month period ending September 30, 2013 2014 $9,000,000 15,000,000 For the 1012-month period ending October 31, 2013 2014 $9,000,000 12,000,000 For the 1112-month period ending November 30, 2013 2014 $9,000,000 12,000,000 For the 12-month period ending December 31, 2013 2014 $9,000,000 12,000,000 For the 12-month period ending January 31, 2014 2015 $9,000,000 12,000,000 For the 12-month period ending February 28, 2014 2015 $9,000,000 12,000,000 For the 12-month period ending March 31, 20142015

Non-Financed Capital Expenditures. Borrowers’ and their Subsidiaries Incur or contract to incur Non-Financed Capital Expenditures, measured on a month-end basis, for the [__] month period ending _________, 201__ were $___________, which [is/is not] in an amount less than or equal to the applicable amount set forth in Section 8 of the Credit Agreement (and copied below) following table for the corresponding period. 4824-6167-8098/3 applicable period set forth opposite thereto: {Z0026725/1 } -3- Applicable Amount Applicable Period $3,000,000 15,000,000 For the 1-month period ending January 31, 2013 $3,000,000 For the 2-month period ending February 28, 2013 $3,000,000 For the 312-month period ending March 31, 2013 2014 $5,000,000 15,000,000 For the 412-month period ending April 30, 2013 2014 $5,000,000 15,000,000 For the 512-month period ending May 31, 2013 2014 $5,000,000 16,000,000 For the 612-month period ending June 30, 2013 2014 $7,000,000 16,000,000 For the 712-month period ending July 31, 2013 2014 $7,000,000 16,000,000 For the 812-month period ending August 31, 2013 2014 $7,000,000 15,000,000 For the 912-month period ending September 30, 2013 2014 $9,000,000 15,000,000 For the 1012-month period ending October 31, 2013 2014 $9,000,000 12,000,000 For the 1112-month period ending November 30, 2013 2014 $9,000,000 12,000,000 For the 12-month period ending December 31, 2013 2014 $9,000,000 12,000,000 For the 12-month period ending January 31, 2014 2015 $9,000,000 12,000,000 For the 12-month period ending February 28, 2014 2015 $9,000,000 12,000,000 For the 12-month period ending March 31, 20142015