Common use of Senior Debt to EBITDA Ratio Clause in Contracts

Senior Debt to EBITDA Ratio. Not permit the Senior Debt to EBITDA Ratio as of the last day of any Computation Period to exceed the applicable ratio set forth below for such Computation Period: Computation Period Senior Debt to EBITDA Ratio December 31, 2008 3.80 to 1.0 March 31, 2009 3.95 to 1.0 June 30, 2009 3.90 to 1.0 September 30, 2009 3.60 to 1.0 December 31, 2009 3.95 to 1.0 March 31, 2010 3.95 to 1.0 June 30, 2010 3.60 to 1.0 September 30, 2010 3.30 to 1.0 December 31, 2010 3.00 to 1.0 Each March 31, June 30, September 30, and December 31 thereafter 3.00 to 1.0

Senior Debt to EBITDA Ratio. Not permit the Senior Debt to EBITDA Ratio as of the last day of any Computation Period to exceed the applicable ratio set forth below for such Computation Period: Computation Period Senior Debt to COMPUTATION SENIOR DEBT TO PERIOD ENDING EBITDA Ratio RATIO ------------- ------------ June 30, 2004; July 31, 2004; and August 31, 2004 2.00 September 30, 2004; October 31, 2004; and November 30, 2004 1.75 December 31, 2008 3.80 to 1.0 March 2004 and the last day of each Computation Period thereafter ending on or before May 31, 2009 3.95 to 1.0 2005 1.50 June 30, 2009 3.90 to 1.0 September 30, 2009 3.60 to 1.0 December 31, 2009 3.95 to 1.0 March 31, 2010 3.95 to 1.0 June 30, 2010 3.60 to 1.0 September 30, 2010 3.30 to 1.0 December 31, 2010 3.00 to 1.0 Each March 31, June 30, September 30, 2005 and December 31 the last day of each Computation Period thereafter 3.00 to 1.01.25

Senior Debt to EBITDA Ratio. Not permit the Senior Debt to EBITDA Ratio as of the last day of any Computation Period to exceed the applicable ratio set forth below for such Computation Period: Computation Period Maximum Senior Debt to Period Ending EBITDA Ratio December 31, 2008 3.80 ------------- ------------ 12/31/05 3.25 to 1.0 March 31, 2009 3.95 1.00 3/31/06 3.25 to 1.0 June 30, 2009 3.90 1.00 6/30/06 3.25 to 1.0 September 30, 2009 3.60 to 1.0 December 31, 2009 3.95 to 1.0 March 31, 2010 3.95 to 1.0 June 30, 2010 3.60 to 1.0 September 30, 2010 3.30 to 1.0 December 31, 2010 1.00 9/30/06 3.00 to 1.0 Each March 31, June 30, September 30, and December 31 thereafter 1.00 12/31/06 3.00 to 1.01.00 3/31/07 and thereafter 2.75 to 1.00

Senior Debt to EBITDA Ratio. Not permit the Senior Debt to EBITDA Ratio as of the last day of any Computation Period to exceed the applicable ratio set forth below for such Computation Period: Computation Period Senior Debt to COMPUTATION SENIOR DEBT TO PERIOD ENDING EBITDA Ratio December 31, 2008 3.80 to 1.0 March 31, 2009 3.95 to 1.0 June 30, 2009 3.90 to 1.0 September 30, 2009 3.60 to 1.0 December 31, 2009 3.95 to 1.0 March 31, 2010 3.95 to 1.0 June 30, 2010 3.60 to 1.0 September 30, 2010 3.30 to 1.0 December 31, 2010 3.00 to 1.0 Each March 31, June 30, September 30, RATIO ------------- ------------ Closing Date through 12/31/01 2.50:1 3/31/02 through 6/30/03 2.25:1 9/30/03 and December 31 thereafter 3.00 to 1.02.00:1.

Senior Debt to EBITDA Ratio. Not permit the Senior Debt to EBITDA Ratio as of the last day of any Computation Period to exceed the applicable ratio set forth below for such Computation Period: Computation Period Senior Debt March 31, 2007 4.00 to EBITDA Ratio 1.0 June 30, 2007 4.00 to 1.0 September 30, 2007 4.00 to 1.0 December 31, 2008 3.80 2007 3.00 to 1.0 March 31, 2009 3.95 2008 2.75 to 1.0 June 30, 2009 3.90 2008 2.75 to 1.0 Each September 30, 2009 3.60 to 1.0 December 31, 2009 3.95 to 1.0 March 31, 2010 3.95 to 1.0 31 and June 30, 2010 3.60 to 1.0 September 30, 2010 3.30 to 1.0 December 31, 2010 3.00 to 1.0 Each March 31, June 30, September 30, and December 31 30 thereafter 3.00 2.50 to 1.0

Senior Debt to EBITDA Ratio. Not permit the Senior Debt to EBITDA Ratio as of the last day of any Computation Period to exceed the applicable ratio set forth below for such Computation Period: Computation Period Senior Debt to EBITDA Ratio September 30, 2005, and each December 31, 2008 3.80 to 1.0 March 31, 2009 3.95 to 1.0 June 30, 2009 3.90 to 1.0 September 30, 2009 3.60 to 1.0 December 31, 2009 3.95 to 1.0 March 31, 2010 3.95 to 1.0 June 30, 2010 3.60 to 1.0 September 30, 2010 3.30 to 1.0 December 31, 2010 3.00 to 1.0 Each March 31, June 30, and September 30, and December 31 30 thereafter 3.00 3.25 to 1.01.00”

Senior Debt to EBITDA Ratio. Not permit the Senior Debt to EBITDA Ratio as of the last day of any Computation Period to exceed the applicable ratio set forth below for such Computation Period: Computation Period Senior Debt March 31, 2005 and June 30, 2005 4.50 to EBITDA Ratio 1.00 September 30, 2005 3.75 to 1.00 December 31, 2008 3.80 to 1.0 March 312005, 2009 3.95 to 1.0 June 30, 2009 3.90 to 1.0 September 30, 2009 3.60 to 1.0 December 31, 2009 3.95 to 1.0 March 31, 2010 3.95 to 1.0 June 30, 2010 3.60 to 1.0 September 30, 2010 3.30 to 1.0 December 31, 2010 3.00 to 1.0 Each and each March 31, June 30, September 30, 30 and December 31 thereafter 3.00 2.75 to 1.01.00”

Senior Debt to EBITDA Ratio. Not permit the Senior Debt to EBITDA Ratio as of the last day of any Computation Period to exceed the applicable ratio set forth below for such Computation Period: Computation Period Senior Debt September 30, 2004 3.25 to EBITDA Ratio 1.00 December 31, 2008 3.80 2004 3.00 to 1.0 1.00 March 31, 2009 3.95 to 1.0 June 302005, 2009 3.90 to 1.0 September 30, 2009 3.60 to 1.0 December 31, 2009 3.95 to 1.0 March 31, 2010 3.95 to 1.0 June 30, 2010 3.60 to 1.0 September 30, 2010 3.30 to 1.0 December 31, 2010 3.00 to 1.0 Each March 31, and each June 30, September 30, and December 31 and March 31 thereafter 3.00 2.75 to 1.01.00

Senior Debt to EBITDA Ratio. Not permit the Senior Debt to EBITDA Ratio as of the last day of any Computation Period to exceed 3.0:1.0; provided, however, that the applicable ratio set forth below maximum for such the Computation Period: Computation Period Senior Debt to EBITDA Ratio Periods ending December 31, 2008 3.80 to 1.0 2007, March 31, 2009 3.95 to 1.0 June 30, 2009 3.90 to 1.0 September 30, 2009 3.60 to 1.0 December 31, 2009 3.95 to 1.0 March 31, 2010 3.95 to 1.0 June 30, 2010 3.60 to 1.0 September 30, 2010 3.30 to 1.0 December 31, 2010 3.00 to 1.0 Each March 312008, June 30, 2008 and September 30, 2008 shall be 3.5:1:0 rather than 3.0:1.0. (h) ANNEX I of the Original Credit Agreement is hereby amended and December 31 thereafter 3.00 restated so as to 1.0read in its entirety as follows:

Senior Debt to EBITDA Ratio. Not permit the Senior Debt to EBITDA Ratio as of the last day of any Computation Period to exceed the applicable ratio set forth below for such Computation Period: Computation Period Senior Debt to Period Ending EBITDA Ratio December 31, 2008 3.80 to 1.0 March 31, 2009 3.95 to 1.0 June 30, 2009 3.90 to 1.0 September 30, 2009 3.60 to 1.0 December 31, 2009 3.95 to 1.0 March 31, 2010 3.95 to 1.0 June 30, 2010 3.60 to 1.0 September 30, 2010 3.30 to 1.0 December 31, 2010 3.00 to 1.0 Each March 31, June 30, September 30, 03/31/99 12.00 6/30/99 5.75 9/30/99 3.50 12/31/99 - 6/30/00 2.75 9/30/00 2.50 12/31/00 and December 31 thereafter 3.00 to 1.02.00

Senior Debt to EBITDA Ratio. Not permit the Senior Debt to EBITDA Ratio as of the last day of any Computation Period set forth below to exceed the applicable ratio set forth below for such Computation Period: Computation Period Senior Debt to COMPUTATION SENIOR DEBT TO PERIOD ENDING EBITDA Ratio December RATIO February 28, 2001 9.30:1.0 May 31, 2008 3.80 to 1.0 March 2001 8.00:1.0 August 31, 2009 3.95 to 1.0 June 2001 6.25:1.0 November 30, 2009 3.90 to 1.0 September 2001 6.20:1.0 February 28, 2002 through August 31, 2002 TBN November 30, 2009 3.60 to 1.0 December 2002 4.25:1.0 February 28, 2003 through August 31, 2009 3.95 to 1.0 March 2003 TBN November 30, 2003 3.75:1.0 February 29, 2004 through August 31, 2010 3.95 to 1.0 June 2004 TBN November 30, 2010 3.60 to 1.0 September 302004 3.00:1.0 February 28, 2010 3.30 to 1.0 December 31, 2010 3.00 to 1.0 Each March 31, June 30, September 30, 2005 and December 31 thereafter 3.00 to 1.03.10:1.0.