Common use of Total Debt/EBITDA Ratio Clause in Contracts

Total Debt/EBITDA Ratio. The ratio which (i) the Total Debt of the Borrower and its Consolidated Subsidiaries at the end of any Fiscal Quarter, commencing with the Fiscal Quarter ended closest to June 30, 1999, bears to (ii) the EBITDA of the Borrower and its Consolidated Subsidiaries, measured on a rolling four (4) Fiscal Quarters' basis as of the end of such Fiscal Quarter (the "Total Debt/EBITDA Ratio"), shall be (i) not more than 4.00:1, for the Fiscal Quarters ending closest to June 30, 1999, September 30, 1999 and December 31, 1999, (ii) not more than 3.75:1 for the Fiscal Quarters ending closest to March 31, 2000, June 30, 2000, September 30, 2000 and December 31, 2000 and (iii) not more than 3.50:1 for each Fiscal Quarter ending thereafter. In computing EBITDA in respect of the foregoing ratio and the ratio set forth in Section 5.7, (a) any asset or stock dispositions by the Borrower consisting of the sale of a business line, segment or other group of related stores occurring within a Fiscal Quarter shall be accounted for by reducing EBITDA by the individual EBITDA attributable to each store within such group for such Fiscal Quarter and the three (3) preceding Fiscal Quarters or, in the event that any such store had negative individual EBITDA for such periods, by increasing EBITDA by the amount of such negative EBITDA; and (b) any asset or stock acquisitions by the Borrower consisting of the purchase of a business, line, segment or other group of related stores occurring within a Fiscal Quarter shall be accounted for by increasing EBITDA by the individual EBITDA attributable to each store within such group for such Fiscal Quarter and for the three (3) preceding Fiscal Quarters or, in the event that any such store had negative individual EBITDA for such periods, by decreasing EBITDA by the amount of such negative EBITDA; in each instance, on an historical basis, in a manner which Borrower shall determine, but subject to prior review with, and approval by, the Administrative Agent.

Total Debt/EBITDA Ratio. The ratio which (i) the Total Debt of the Borrower and its Consolidated Subsidiaries at the end of any Fiscal Quarter, commencing with the Fiscal Quarter ended closest to June 30October 1, 19992000, bears to (ii) the EBITDA of the Borrower and its Consolidated Subsidiaries, measured on a rolling four (4) Fiscal Quarters' basis as of the end of such Fiscal Quarter (the "Total Debt/EBITDA Ratio"), shall be (i) not more than 4.00:1, for the ratio prescribed below as of the end of each Fiscal Quarters ending closest to June 30, 1999, September 30, 1999 and December 31, 1999, (ii) not more than 3.75:1 for the Quarter corresponding thereto: Fiscal Quarters ending closest to March 31, 2000, June 30, 2000, September 30Quarter Ending: Ratio --------------------- ----- October 1, 2000 and 6.00:1 December 31, 2000 4.70:1 April 4, 2001 4.45:1 July 1, 2001 4.40:1 September 30, 2001 4.10:1 December 30, 2001 3.90:1 March 31, 2002 3.75:1 and (iii) not more than 3.50:1 for each Fiscal Quarter ending thereafter. thereafter In computing EBITDA in respect of the foregoing ratio and ratio, the ratio set forth in Section 5.75.7 below and the minimum amount of EBITDA set forth in Section 5.7A below, (a) any asset or stock dispositions by the Borrower consisting of the sale of a business line, segment or other group of related stores restaurants occurring within a Fiscal Quarter shall be accounted for by reducing EBITDA by the individual EBITDA attributable to each store within such group for such Fiscal Quarter and the three (3) preceding Fiscal Quarters or, in the event that any such store restaurant had negative individual EBITDA for such periods, by increasing EBITDA by the amount of such negative EBITDA; and (b) any asset or stock acquisitions by the Borrower Borrower, to the extent otherwise then permitted to occur hereunder (and without implying such permission), consisting of the purchase of a business, line, segment or other group of related stores restaurants occurring within a Fiscal Quarter shall be accounted for by increasing EBITDA by the individual EBITDA attributable to each store within such group for such Fiscal Quarter and for the three (3) preceding Fiscal Quarters or, in the event that any such store had negative individual EBITDA for such periods, by decreasing EBITDA by the amount of such negative EBITDA; in each instance, on an historical basis, in a manner which the Borrower shall determine, but subject to prior review with, and approval by, the Administrative Agent.

Total Debt/EBITDA Ratio. The ratio which (i) the Total Debt of the Borrower Lessee and its Consolidated Subsidiaries at the end of any Fiscal Quarter, commencing with the Fiscal Quarter ended closest to June 30, 1999, bears to (ii) the EBITDA of the Borrower Lessee and its Consolidated Subsidiaries, measured on a rolling four (4) Fiscal Quarters' basis as of the end of such Fiscal Quarter (the "Total Debt/EBITDA Ratio"), shall be (i) not more than 4.00:1, for the Fiscal Quarters ending closest to June 30, 1999, September 30, 1999 and December 31, 1999, (ii) not more than 3.75:1 for the Fiscal Quarters ending closest to March 31, 2000, June 30, 2000, September 30, 2000 and December 31, 2000 and (iii) not more than 3.50:1 for each Fiscal Quarter ending thereafter. In computing EBITDA in respect of the foregoing ratio and the ratio set forth in Section 5.7, (a) any asset or stock dispositions by the Borrower Lessee consisting of the sale of a business line, segment or other group of related stores occurring within a Fiscal Quarter shall be accounted for by reducing EBITDA by the individual EBITDA attributable to each store within such group for such Fiscal Quarter and the three (3) preceding Fiscal Quarters or, in the event that any such store had negative individual EBITDA for such periods, by increasing EBITDA by the amount of such negative EBITDA; and (b) any asset or stock acquisitions by the Borrower Lessee consisting of the purchase of a business, line, segment or other group of related stores occurring within a Fiscal Quarter shall be accounted for by increasing EBITDA by the individual EBITDA attributable to each store within such group for such Fiscal Quarter and for the three (3) preceding Fiscal Quarters or, in the event that any such store had negative individual EBITDA for such periods, by decreasing EBITDA by the amount of such negative EBITDA; in each instance, on an historical basis, in a manner which Borrower Lessee shall determine, but subject to prior review with, and approval by, the Administrative Agent.

Total Debt/EBITDA Ratio. The ratio which (i) the Adjusted Total Debt of the Borrower Lessee and its Consolidated Subsidiaries at the end of any Fiscal Quarter, commencing with the Fiscal Quarter ended closest to June 30December 31, 19992000, bears to (ii) the EBITDA EBITDAR of the Borrower Lessee and its Consolidated Subsidiaries, measured on a rolling four (4) Fiscal Quarters' basis as of the end of such Fiscal Quarter (the "Total Debt/EBITDA Ratio")Quarter, shall be (i) not more than 4.00:1, for the ratio prescribed below as of the end of each Fiscal Quarters ending closest to June 30, 1999, September 30, 1999 and December 31, 1999, (ii) not more than 3.75:1 for the Quarter corresponding thereto: Fiscal Quarters ending closest to March 31, 2000, June 30, 2000, September 30, 2000 and Quarter Ending: Ratio --------------------- ----- December 31, 2000 and (iii) not more than 3.50:1 for each Fiscal Quarter ending thereafter. 6.30:1 April 4, 2001 6.65:1 July 1, 2001 7.05:1 September 30, 2001 6.35:1 December 31, 2001 5.35:1 In computing EBITDA EBITDAR in respect of the foregoing ratio and ratio, the ratio set forth in Section 5.75.7 below and the minimum amount of EBITDAR set forth in Section 5.7A below, (a) any asset or stock dispositions by the Borrower Lessee consisting of the sale of a business line, segment or other group of related stores restaurants occurring within a Fiscal Quarter shall be accounted for by reducing EBITDA EBITDAR by the individual EBITDA EBITDAR attributable to each store within such group for such Fiscal Quarter and the three (3) preceding Fiscal Quarters or, in the event that any such store restaurant had negative individual EBITDA EBITDAR for such periods, by increasing EBITDA EBITDAR by the amount of such negative EBITDAEBITDAR; and (b) any asset or stock acquisitions by the Borrower Lessee, to the extent otherwise then permitted to occur hereunder (and without implying such permission), consisting of the purchase of a business, line, segment or other group of related stores restaurants occurring within a Fiscal Quarter shall be accounted for by increasing EBITDA EBITDAR by the individual EBITDA EBITDAR attributable to each store within such group for such Fiscal Quarter and for the three (3) preceding Fiscal Quarters or, in the event that any such store had negative individual EBITDA EBITDAR for such periods, by decreasing EBITDA EBITDAR by the amount of such negative EBITDAEBITDAR; in each instance, on an historical basis, in a manner which Borrower the Lessee shall determine, but subject to prior review with, and approval by, the Administrative Agent.