Common use of Senior Secured Debt Ratio Clause in Contracts

Senior Secured Debt Ratio. The Borrower will not permit the Senior Secured Debt Ratio, determined as of the end of each of its fiscal quarters, commencing with the fiscal quarter ending March 31, 2009, to be greater than the applicable ratio set forth below for such fiscal quarter: Senior Secured Fiscal Quarter Ending Debt Ratio March 31, 2009 6.50:1.00 June 30, 2009 September 30, 2009 December 31, 2009 6.00:1.00 March 31, 2010 June 30, 2010 September 30, 2010 December 31, 2010 5.50:1.00 March 31, 2011 June 30, 2011 September 30, 2011 December 31, 2011 5.00:1.00 March 31, 2012 June 30, 2012 September 30, 2012 December 31, 2012 and thereafter 4.50:1.00 95

Senior Secured Debt Ratio. The Borrower will not permit the ------------------------- Senior Secured Debt Ratio, determined Ratio to exceed the following respective ratios as at the last day of any fiscal quarter during any of the end of each of its fiscal quartersfollowing respective periods: -82- Period Ratio ------ ----- From the Closing Date through September 29, commencing with the fiscal quarter ending March 31, 2009, 1999 3.75 to be greater than the applicable ratio set forth below for such fiscal quarter: Senior Secured Fiscal Quarter Ending Debt Ratio March 31, 2009 6.50:1.00 June 30, 2009 1 From September 30, 2009 December 311999 through September 29, 2009 6.00:1.00 March 31, 2010 June 30, 2010 2000 3.25 to 1 From September 30, 2010 December 312000 through September 29, 2010 5.50:1.00 March 31, 2011 June 30, 2011 2001 2.75 to 1 From September 30, 2011 December 31, 2011 5.00:1.00 March 31, 2012 June 30, 2012 September 30, 2012 December 31, 2012 2001 and at all times thereafter 4.50:1.00 952.50 to 1