Common use of TTM EBITDA Clause in Contracts

TTM EBITDA. Permit TTM EBITDA of the Borrower and its Subsidiaries for the period ended as of the last day of each fiscal quarter set forth below to be less than the applicable amount set forth opposite such date: Fiscal Quarter End TTM EBITDA April 30, 2007 $ 21,000,000 July 31, 2007 $ 21,000,000 October 31, 2007 $ 21,000,000 January 31, 2008 $ 20,000,000 April 30, 2008 $ 19,000,000 July 31, 2008 $ 19,000,000 October 31, 2008 $ 21,000,000 January 31, 2009 $ 23,000,000 April 30, 2009 $ 23,000,000 July 31, 2009 $ 23,000,000 October 31, 2009 $ 23,000,000 January 31, 2010 $ 24,000,000 April 30, 2010 $ 24,000,000 July 31, 2010 $ 24,000,000 October 31, 2010 $ 24,000,000 January 31, 2011 $ 25,000,000 April 30, 2011 $ 25,000,000 July 31, 2011 $ 25,000,000 October 31, 2011 $ 25,000,000 January 31, 2012 $ 25,000,000 SECTION 7.03(D) of the Financing Agreement is hereby amended and restated in its entirety as follows:

TTM EBITDA. Permit TTM EBITDA of the Borrower and its Subsidiaries for the period ended as of the last day of each fiscal quarter set forth below to be less than the applicable amount set forth opposite such date: Fiscal Quarter End TTM EBITDA April 30, 2007 $ $21,000,000 July 31, 2007 $ $21,000,000 October 31, 2007 $ $21,000,000 January 31, 2008 $ 20,000,000 $22,000,000 April 30, 2008 $ 19,000,000 $22,000,000 July 31, 2008 $ 19,000,000 $22,000,000 October 31, 2008 $ 21,000,000 $22,000,000 January 31, 2009 $ $23,000,000 April 30, 2009 $ $23,000,000 July 31, 2009 $ $23,000,000 October 31, 2009 $ $23,000,000 January 31, 2010 $ $24,000,000 April 30, 2010 $ $24,000,000 July 31, 2010 $ $24,000,000 October 31, 2010 $ $24,000,000 January 31, 2011 $ $25,000,000 April 30, 2011 $ $25,000,000 July 31, 2011 $ $25,000,000 October 31, 2011 $ $25,000,000 January 31, 2012 $ 25,000,000 SECTION 7.03(D) of the Financing Agreement is hereby amended and restated in its entirety as follows:$25,000,000

TTM EBITDA. Permit TTM EBITDA of the Borrower and its Subsidiaries for the period ended as of the last day of each fiscal quarter set forth below to be less than the applicable amount set forth opposite such date: Fiscal Quarter End TTM EBITDA April 30, 2007 $ 21,000,000 July 31, 2007 $ 21,000,000 October 31, 2007 $ 21,000,000 January 31, 2008 $ 20,000,000 April 30, 2008 $ 19,000,000 20,000,000 July 31, 2008 $ 19,000,000 21,000,000 October 31, 2008 $ 21,000,000 22,000,000 January 31, 2009 $ 23,000,000 April 30, 2009 $ 23,000,000 July 31, 2009 $ 23,000,000 October 31, 2009 $ 23,000,000 January 31, 2010 $ 24,000,000 April 30, 2010 $ 24,000,000 July 31, 2010 $ 24,000,000 October 31, 2010 $ 24,000,000 January 31, 2011 $ 25,000,000 April 30, 2011 $ 25,000,000 July 31, 2011 $ 25,000,000 October 31, 2011 $ 25,000,000 January 31, 2012 $ 25,000,000 SECTION 7.03(D) of the Financing Agreement is hereby amended and restated in its entirety as follows:25,000,000”

TTM EBITDA. Permit TTM EBITDA of the Borrower and its Subsidiaries for the period ended as of the last day of each fiscal quarter set forth below to be less than the applicable amount set forth opposite such date: Fiscal Quarter End TTM EBITDA April June 30, 2007 $ 21,000,000 July 33,000,000 September 30, 2007 $ 36,000,000 December 31, 2007 $ 21,000,000 October 31, 2007 $ 21,000,000 January 36,000,000 March 31, 2008 $ 20,000,000 April 42,000,000 June 30, 2008 $ 19,000,000 July 42,000,000 September 30, 2008 $ 42,000,000 December 31, 2008 $ 19,000,000 October 31, 2008 $ 21,000,000 January 42,000,000 March 31, 2009 $ 23,000,000 April 43,000,000 June 30, 2009 $ 23,000,000 July 43,000,000 September 30, 2009 $ 43,000,000 December 31, 2009 $ 23,000,000 October 31, 2009 $ 23,000,000 January 43,000,000 March 31, 2010 $ 24,000,000 April 44,000,000 June 30, 2010 $ 24,000,000 July 44,000,000 September 30, 2010 $ 44,000,000 December 31, 2010 $ 24,000,000 October 31, 2010 $ 24,000,000 January 44,000,000 March 31, 2011 $ 25,000,000 April 45,000,000 June 30, 2011 $ 25,000,000 July 45,000,000 September 30, 2011 $ 45,000,000 December 31, 2011 $ 25,000,000 October 31, 2011 $ 25,000,000 January 45,000,000 March 31, 2012 $ 25,000,000 SECTION 7.03(D) of the Financing Agreement is hereby amended and restated in its entirety as follows:46,000,000 June 30, 2012 $ 46,000,000 September 30, 2012 $ 46,000,000 December 31, 2012 $ 46,000,000 March 31, 2013 $ 47,000,000 June 30, 2013 $ 47,000,000