Preliminary Reserve definition
Preliminary Reserve means (a) during the period from and including the Effective Date through and including the date that the Borrower delivers to the Agents and Lenders the financial statements required to be delivered pursuant to Section 7.01(a)(i) for the fiscal quarter ending March 31, 2006 (the "First Period Financial Statements"), a reserve in the amount of $5,000,000, (b) during the period from but excluding the date that the Borrower delivers the First Period Financial Statements through and including the date that the Borrower delivers to Agents and Lenders the financial statements required to be delivered pursuant to Section 7.01(a)(i) for the fiscal quarter ending June 30, 2006 (the "Second Period Financial Statements"), (A) a reserve in the amount of $3,500,000 if Consolidated EBITDA during the period covered by the First Period Financial Statements was greater than or equal to $2,400,000, or (B) a reserve in the amount of $5,000,000 if Consolidated EBITDA of the Parent and its Subsidiaries during the period covered by the First Period Financial Statements was less than
Preliminary Reserve means (a) during the period from and including the Effective Date through and including the date that the Borrower delivers to the Agents and Lenders the financial statements required to be delivered pursuant to Section 7.01(a)(i) for the fiscal quarter ending March 31, 2006 (the "First Period Financial Statements"), a reserve in the amount of $5,000,000, (b) during the period from but excluding the date that the Borrower delivers the First Period Financial Statements through and including the date that the Borrower delivers to Agents and Lenders the financial statements required to be delivered pursuant to Section 7.01(a)(i) for the fiscal quarter ending June 30, 2006 (the "Second Period Financial Statements"), (A) a reserve in the amount of $3,500,000 if Consolidated EBITDA during the period covered by the First Period Financial Statements was greater than or equal to $2,400,000, or (B) a reserve in the amount of $5,000,000 if Consolidated EBITDA of the Parent and its Subsidiaries during the period covered by the First Period Financial Statements was less than $2,400,000, and (c) during the period from but excluding the date that the Borrower delivers the Second Period Financial Statements through and including the Final Maturity Date, $0; provided that if the Borrower is not in compliance with the financial covenants set forth in Section 7.03 on the date that it delivers the Second Period Financial Statements, the amount of the "Preliminary Reserve" will be the amount of the reserve set forth in clause (b) of this definition until the first date that the Borrower delivers to the Agents and Lenders a certified calculation of the financial covenants set forth in Section 7.03 pursuant to Section 7.01(a)(v) which shows that the Borrower is in compliance with such financial covenants.