Common use of Ratio of Adjusted EBITDA to Fixed Charges Clause in Contracts

Ratio of Adjusted EBITDA to Fixed Charges. The Parent shall not permit the ratio of (i) Adjusted EBITDA of the Parent and its Consolidated Subsidiaries for the period of four fiscal quarters most recently ended to (ii) Fixed Charges for the period of four fiscal quarters most recently ended, to be less than 1.50 to 1.00 as of the last day of such period of four fiscal quarters.

Ratio of Adjusted EBITDA to Fixed Charges. The Parent and the Borrower shall not permit the ratio of (i) Adjusted EBITDA of the Parent and its Consolidated Subsidiaries for the period of four any two consecutive fiscal quarters most recently ended quarter period, annualized, to (ii) Fixed Charges of the Parent and its Subsidiaries for the period of four such two consecutive fiscal quarters most recently endedquarter period, annualized, to be less than 1.50 1.55 to 1.00 as of the last day of such two consecutive fiscal quarter period at any time during such period of four fiscal quartersdetermination.

Ratio of Adjusted EBITDA to Fixed Charges. The Parent shall not permit the ratio of (i) Adjusted EBITDA of the Parent and its Consolidated Subsidiaries for the period of four any fiscal quarters most recently ended quarter to (ii) Fixed Charges for the period of four such fiscal quarters most recently endedquarter, to be less than 1.50 to 1.00 as of the last day of such period of four fiscal quartersquarter.

Ratio of Adjusted EBITDA to Fixed Charges. The Parent shall not permit the ratio of (ix) Adjusted EBITDA for any fiscal quarter to (y) Fixed Charges of the Parent and its Consolidated Subsidiaries determined on a consolidated basis for the period of four such fiscal quarters most recently ended to (ii) Fixed Charges for the period of four fiscal quarters most recently endedquarter, to be less than 1.50 to 1.00 as of the last day of such period of four fiscal quartersat any time.

Ratio of Adjusted EBITDA to Fixed Charges. The Parent shall not permit the ratio of (i) the product of (A) Adjusted EBITDA of the Parent and its Consolidated Subsidiaries determined on a consolidated basis for the period of four two consecutive fiscal quarters most recently ended multiplied by (B) 2 to (ii) the product of (A) Fixed Charges of the Parent and its Subsidiaries determined on a consolidated basis for the period of four two consecutive fiscal quarters most recently endedended multiplied by (B) 2, to be less than 1.50 to 1.00 as of the last day of such period of four any fiscal quartersquarter.

Ratio of Adjusted EBITDA to Fixed Charges. The Parent shall not permit the ratio of (ix) Adjusted EBITDA for any fiscal quarter to (y) Fixed Charges of the Parent and its Consolidated Subsidiaries determined on a consolidated basis for the period of four such fiscal quarters most recently ended to (ii) Fixed Charges for the period of four fiscal quarters most recently endedquarter, to be less than 1.50 to 1.00 as of each fiscal quarter ending after the last day of such period of four fiscal quartersThird Amendment Date.”

Ratio of Adjusted EBITDA to Fixed Charges. The Parent shall not permit the ratio of (i) Adjusted EBITDA of the Parent and its Consolidated Subsidiaries for the period of four any fiscal quarters most recently ended quarter to (ii) Fixed Charges of the Parent and its Subsidiaries determined on a consolidated basis for the period of four such fiscal quarters most recently endedquarter, to be less than 1.50 1.60 to 1.00 as of the last day of such period of four fiscal quartersquarter.

Ratio of Adjusted EBITDA to Fixed Charges. The Parent shall not permit the ratio of (i) Adjusted EBITDA of the Parent and its Consolidated Subsidiaries determined on a consolidated basis for the period of four consecutive fiscal quarters most recently ended ending to (ii) Fixed Charges of the Parent and its Subsidiaries determined on a consolidated basis for the period of four fiscal quarters most recently endedsuch period, to be less than 1.50 to 1.00 as of the last day of 1 for any such period of four fiscal quartersperiod.

Ratio of Adjusted EBITDA to Fixed Charges. The Parent shall not permit the ratio of (i) Adjusted EBITDA of the Parent and its Consolidated Subsidiaries for the period of four consecutive fiscal quarters most recently ended to (ii) Fixed Charges of the Parent and its Subsidiaries for the period of four fiscal quarters most recently endedsuch period, to be less than 1.50 (x) prior to a Change of Control, 1.40 to 1.00 as at any time or (y) on and after a Change of the last day of such period of four fiscal quartersControl, 1.75 to 1.00 at any time.

Ratio of Adjusted EBITDA to Fixed Charges. The Parent shall not permit the ratio of (ix) Adjusted EBITDA for any fiscal quarter to (y) Fixed Charges of the Parent and its Consolidated Subsidiaries determined on a consolidated basis for the period of four such fiscal quarters most recently ended to (ii) Fixed Charges for the period of four fiscal quarters most recently endedquarter, to be less than than: (x) 1.50 to 1.00 as of the last day end of such period each fiscal quarter ending prior to December 31, 2011; and (y) 1.750 to 1.00 as of four the fiscal quartersquarter ending December 31, 2011, and as of each fiscal quarter ending thereafter.”

Ratio of Adjusted EBITDA to Fixed Charges. The Parent shall not permit the ratio of (i) Adjusted EBITDA of the Parent and its Consolidated Subsidiaries determined on a consolidated basis for the period of four consecutive fiscal quarters most recently ended to (ii) Fixed Charges of the Parent and its Subsidiaries determined on a consolidated basis for the period of four fiscal quarters most recently endedsuch period, to be less than (x) 1.45 to 1.00 for any such period ending on or before June 30, 2014, or (y) 1.50 to 1.00 as of the last day of 1.00, for any such period of four fiscal quartersending thereafter.

Ratio of Adjusted EBITDA to Fixed Charges. The Parent shall not permit the ratio of (i) Adjusted EBITDA of the Parent and its Consolidated Subsidiaries for the period of four consecutive fiscal quarters most recently ended to (ii) Fixed Charges of the Parent and its Subsidiaries for the such period of four fiscal quarters most recently ended, to be less than 1.50 1.75 to 1.00 as of the last day of such period of four fiscal quartersperiod.

Ratio of Adjusted EBITDA to Fixed Charges. The Parent shall not permit the ratio of (i) Adjusted EBITDA of the Parent and its Consolidated Subsidiaries determined on a consolidated basis for the period of four consecutive fiscal quarters most recently ended ending to (ii) Fixed Charges of the Parent and its Subsidiaries determined on a consolidated basis for the period of four fiscal quarters most recently endedsuch period, to be less than (A) 1.40 to 1 for any such period ending on or before December 31, 2008 and (B) 1.50 to 1.00 as of the last day of 1 for any such period of four fiscal quartersending after December 31, 2008.

Ratio of Adjusted EBITDA to Fixed Charges. The Parent shall not permit the ratio of (i) Adjusted EBITDA of the Parent and its Consolidated Subsidiaries for the period of four any fiscal quarters most recently ended quarter to (ii) Fixed Charges of the Parent and its Subsidiaries for the period of four such fiscal quarters most recently endedquarter, to be less than 1.50 the ratio set forth below corresponding to 1.00 as of each period set forth below at any time during such period: From the last day of such period of four fiscal quarters.Effective Date to and including March 31, 2014 1.30:1.00 From April 1, 2014 to and including June 30, 2014 1.40:1.00 From July 1, 2014 and at all times thereafter 1:50:1.00

Ratio of Adjusted EBITDA to Fixed Charges. The Parent shall not permit the ratio of (i) Adjusted EBITDA of the Parent and its Consolidated Subsidiaries determined on a consolidated basis for the period of four consecutive fiscal quarters most recently ended to (ii) Fixed Charges of the Parent and its Subsidiaries determined on a consolidated basis for the period of four fiscal quarters most recently endedsuch period, to be less than 1.50 to 1.00 1.00. (o) The Term Loan Agreement is further amended by restating Section 8.1.(d) in its entirety as of the last day of such period of four fiscal quarters.follows:

Ratio of Adjusted EBITDA to Fixed Charges. The Parent shall not permit the ratio of (i) Adjusted EBITDA of the Parent and its Consolidated Subsidiaries determined on a consolidated basis for the period of four consecutive fiscal quarters most recently ended to (ii) Fixed Charges of the Parent and its Subsidiaries determined on a consolidated basis for the period of four fiscal quarters most recently endedsuch period, to be less than 1.50 to 1.00 as of the last day of such period of four fiscal quarters1.00.