Common use of Total Debt to Contributed Capital Clause in Contracts

Total Debt to Contributed Capital. Shall not permit the --------------------------------- ratio of (i) Total Debt outstanding as of any date of determination to (ii) Contributed Capital as of such date of determination to be greater than the ratio corresponding to the date set forth below on or at any time during the 12 months immediately preceding such date: Date Ratio ---- ----- 12/31/1999 4.50x 12/31/2000 2.50x 12/31/2001 2.50x 12/31/2002 2.50x 12/31/2003 2.50x 12/31/2004 2.50x 12/31/2005 2.50x 12/31/2006 2.50x (s) Section 5.04(e) be deleted in its entirety and replaced with the following:

Total Debt to Contributed Capital. Shall not permit the --------------------------------- ratio of (i) Total Debt outstanding as of any date of determination to (ii) Contributed Capital as of such date of determination to be greater than the ratio corresponding to the date set forth below on or at any time during the 12 months immediately preceding such date: Date Ratio ---- ----- 12/31/1999 4.50x 12/31/2000 2.50x 12/31/2001 2.50x 12/31/2002 2.50x 12/31/2003 2.50x 12/31/2004 2.50x 12/31/2005 2.50x 12/31/2006 2.50x2.50x " (s) Section 5.04(e) be deleted in its entirety and replaced with the following: