Common use of Ratio Requirements Clause in Contracts

Ratio Requirements. A. The Adjusted Fixed Charge Coverage Ratio as of the Calculation Date was _____ to 1.00 calculated as follows (all amounts in the following calculations are determined for Borrower on a consolidated basis): [1] Net income determined in accordance with GAAP __________ plus, to the extent included in the calculation of net income the sum of [2] Income and franchise taxes paid or accrued __________ [3] Interest expense, net of interest income, paid or accrued __________ [4] Amortization and depreciation expense __________ [5] Extraordinary or non-recurring “cash” losses acceptable to Administrative Agent __________ [6] Extraordinary or non-recurring non-cash charges acceptable to Administrative Agent __________ less, to the extent included in the calculation of net income the sum of [7] The income of any Person (other than wholly-owned Subsidiaries of Borrower) in which any Borrower or a wholly owned Subsidiary of a Borrower has an ownership interest except to the extent such income is received by Borrower or such wholly-owned Subsidiary in a cash distribution during such period __________ [8] Gains from sales or other dispositions of assets (other than Inventory in the normal course of business) __________ [9] Extraordinary or non-recurring gains __________ [10] EBITDA: ([1]+([2]+[3] +[4]+[5]+[6]) -([7]+[8]+[9]) __________ [11] Acquired EBITDA (attached Acquired EBITDA Calculation Rider) __________ [12] Adjusted EBITDA ([10] + [11]) __________ [13] Rent Expense __________ [14] EBITDAR ([12]+[13]) __________ [15] Interest expense __________ [16] Rent Expense ([13] above) __________ [17] Adjusted Fixed Charges: (Total of [15] plus [16]) $_________ Calculation: [14] divided by [17] __________ Required: not less than 3.00 to 1.00

Ratio Requirements. A. The Adjusted Fixed Charge Coverage Ratio for the Applicable Calculation Period in effect as of the Calculation Compliance Date (being the four consecutive complete fiscal quarters of Borrowers ending ____________ 200_), was _____ to 1.00 calculated as follows (all amounts in the following calculations are determined for Borrower Borrowers and their Subsidiaries on a consolidated basis): ) [Reference Financial Covenants Rider to the Loan Agreement and Section 11.1 of the Loan Agreement]: [1] Net income determined in accordance with GAAP __________ plus, to the extent included in the calculation of net income the sum of [2] Income and franchise taxes paid or accrued __________ [3] Interest expense, net of interest income, paid or accrued __________ [4] Amortization and depreciation expense __________ [5] Extraordinary or non-recurring “cash” losses acceptable to Administrative Agent __________ [6] Extraordinary or non-recurring non-cash charges acceptable to Administrative Agent __________ less, to the extent included in the calculation of net income the sum of [7] The income of any Person (other than wholly-owned Subsidiaries of BorrowerBorrowers) in which any Borrower or a wholly owned Subsidiary of a Borrower has an ownership interest except to the extent such income is received by Borrower Borrowers or such wholly-owned Subsidiary in a cash distribution during such period __________ [8] Gains from sales or other dispositions of assets (other than Inventory in the normal course of business) __________ [9] Extraordinary or non-recurring gains __________ [10] EBITDA: ([1]+([2]+[3] +[4]+[5]+[6]) -([7]+[8]+[9]) __________ [11] Acquired EBITDA (attached Acquired EBITDA Calculation Rider) Interest expense __________ [12] Adjusted EBITDA ([10] + [11]) Income tax expense __________ [13] Rent Expense Current maturities of long term debt __________ [14] EBITDAR ([12]+[13]) Current maturities of payments due under Capital Leases __________ [15] Interest expense Dividends and distributions __________ [16] Rent Expense ([13] above) __________ [17] Adjusted Fixed Charges: (Total of [11] through [15] plus [16]) $_________ Calculation: [1410] divided by [1716] __________ Required: not less than 3.00 1.75 to 1.00

Ratio Requirements. A. The Adjusted Fixed Charge Coverage Ratio for the Applicable Calculation Period in effect as of the Calculation Compliance Date (being the four consecutive complete fiscal quarters of Borrowers ending ____________ 200_), was _____ to 1.00 calculated as follows (all amounts in the following calculations are determined for Borrower Borrowers and their Subsidiaries on a consolidated basis): ) [Reference Financial Covenants Rider to the Loan Agreement and Section 11.1 of the Loan Agreement]: [1] Net income determined in accordance with GAAP __________ plus, to the extent included in the calculation of net income the sum of [2] Income and franchise taxes paid or accrued __________ [3] Interest expense, net of interest income, paid or accrued __________ [4] Amortization and depreciation expense __________ [5] Extraordinary or non-recurring “"cash” " losses acceptable to Administrative Agent __________ [6] Extraordinary or non-recurring non-cash charges acceptable to Administrative Agent __________ [7] Charges related to Franklin Litigation (may not exceed $1,154,000 cumulatively) __________ [8] Charges related to Kentucky Transportation Program account receivable (may not exceed $534,000 cumulatively) __________ less, to the extent included in the calculation of net income the sum of [79] The income of any Person (other than wholly-owned Subsidiaries of BorrowerBorrowers) in which any Borrower or a wholly owned Subsidiary of a Borrower has an ownership interest except to the extent such income is received by Borrower Borrowers or such wholly-owned Subsidiary in a cash distribution during such period __________ [810] Gains from sales or other dispositions of assets (other than Inventory in the normal course of business) __________ [911] Extraordinary or non-recurring gains __________ [1012] EBITDA: ([1]+([2]+[3] +[4]+[5]+[6]) -([7]+[8]+[9]) __________ [114]+[5]+[6])+[7]+[8] Acquired EBITDA (attached Acquired EBITDA Calculation Rider) __________ [12] Adjusted EBITDA ([10] + [11-([9]+[10]+[11]) __________ [13] Rent Expense Interest expense __________ [14] EBITDAR ([12]+[13]) Income tax expense __________ [15] Interest expense Current maturities of long term debt __________ [16] Rent Expense ([13] above) Current maturities of payments due under Capital Leases __________ [17] Adjusted Fixed Charges: (Total of [15] plus [16]) $_________ Calculation: [14] divided by [17] Dividends and distributions __________ Required: not less than 3.00 to 1.00_