Common use of Total Secured Debt to Contributed Capital Clause in Contracts

Total Secured Debt to Contributed Capital. Shall not permit ----------------------------------------- the ratio of (i) Total Debt owed by the Borrower secured by Shared Liens 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 immediately preceding such date: Date Ratio ---- ----- 12/31/1999 2.00x 06/30/2000 1.75x 12/31/2000 1.75x 06/30/2001 1.75x 12/31/2001 1.75x 06/30/2002 1.75x 12/31/2002 1.75x 06/30/2003 1.75x 12/31/2003 1.75x 06/30/2004 1.75x 1.75x Date Ratio ---- ----- 12/31/2004 06/30/2005 1.75x 12/31/2005 1.75x 06/30/2006 1.75x 12/31/2006 1.75x " (t) Section 5.04(f) be deleted in its entirety and replaced with the following:

Total Secured Debt to Contributed Capital. Shall not permit ----------------------------------------- the ratio of (i) Total Debt owed by the Borrower secured by Shared Liens 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 immediately preceding such date: Date Ratio ---- ----- 12/31/1999 2.00x 06/30/2000 1.75x 12/31/2000 1.75x 06/30/2001 1.75x 12/31/2001 1.75x 06/30/2002 1.75x 12/31/2002 1.75x 06/30/2003 1.75x 12/31/2003 1.75x 06/30/2004 1.75x 12/31/2004 1.75x Date Ratio ---- ----- 12/31/2004 06/30/2005 1.75x 12/31/2005 1.75x 06/30/2006 1.75x 12/31/2006 1.75x "1.75x (t) Section 5.04(f) be deleted in its entirety and replaced with the following:: "