Common use of Consolidated Fixed Charge Coverage Ratio Clause in Contracts

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters (or, if less, the number of full fiscal quarters subsequent to the Effective Date) of the Borrower, Holdings or the IPO Company, as applicable, ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such fiscal quarter: September 30, 2007 1.0 to 1.0 December 31, 2007 1.0 to 1.0 March 31, 2008 1.1 to 1.0 June 30, 2008 1.1 to 1.0 September 30, 2008 1.1 to 1.0 December 31, 2008 (and thereafter) 1.15 to 1.0

Consolidated Fixed Charge Coverage Ratio. Permit There shall be maintained, as of the end of each fiscal quarter to occur during the periods shown, a Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters (orat least: Closing Date to November 2, if less, the number of full fiscal quarters subsequent to the Effective Date) of the Borrower, Holdings or the IPO Company, as applicable, ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such fiscal quarter: September 30, 2007 1.0 1997 1.00 to 1.0 December 31November 3, 2007 1.0 to 1.0 March 31, 2008 1.1 to 1.0 June 30, 2008 1.1 to 1.0 September 30, 2008 1.1 to 1.0 December 31, 2008 (1997 and thereafter) 1.15 thereafter 1.50 to 1.0

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters (or, if less, the number of full fiscal quarters subsequent to the Effective Date) as of the Borrower, Holdings or the IPO Company, as applicable, ending with end of any fiscal quarter set forth below of the Borrower (beginning with the fiscal quarter ending March 31, 2010) to be less than the ratio set forth below opposite such fiscal quarter: September 30Fiscal Quarter Ending: Minimum Coverage Ratio: Fixed Charge March 31, 2007 1.0 to 1.0 2010 through December 31, 2007 1.0 2010 1.75 to 1.0 1.00 March 31, 2008 1.1 2011 1.50 to 1.0 1.00 June 30, 2008 1.1 to 1.0 September 30, 2008 1.1 to 1.0 2011 through December 31, 2008 (2012 1.25 to 1.00 March 31, 2013 1.50 to 1.00 June 30, 2013 and thereafter) 1.15 each fiscal quarter thereafter 1.75 to 1.01.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters (or, if less, the number of full fiscal quarters subsequent to the Effective Date) of the Borrower, Holdings or the IPO Company, as applicable, Borrower ending with during any fiscal quarter period set forth below to be less than the ratio set forth below opposite for such fiscal quarterperiod: September 30, 2007 1.0 to 1.0 December 31, 2007 1.0 to 1.0 Period Ratio Effective Date - March 31, 2008 1.1 2002 1.15 to 1.0 June 301.00 April 1, 2008 1.1 to 1.0 September 30, 2008 1.1 to 1.0 December 2002 - March 31, 2008 (and thereafter) 1.15 2004 1.20 to 1.01.00 April 1, 2004 - March 31, 2005 1.25 to 1.00 Thereafter 1.50 to 1.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters (or, if less, the number of full fiscal quarters subsequent to the Effective Date) as of the Borrower, Holdings or the IPO Company, as applicable, ending with end of any fiscal quarter set forth below of the Borrower to be less than (a) with respect to any fiscal quarter of the ratio set forth below opposite such fiscal quarter: Borrower ending during the period from (and including) September 30, 2007 1.0 2014 to 1.0 (and including) December 31, 2007 1.0 2015, 1.10:1.00 and (b) with respect to 1.0 March 31any fiscal quarter of the Borrower ending thereafter, 2008 1.1 1.15:1.00. (l) A new Section 8.16 is hereby added to 1.0 June 30, 2008 1.1 Article VIII of the Credit Agreement to 1.0 September 30, 2008 1.1 to 1.0 December 31, 2008 (and thereafter) 1.15 to 1.0read as follows:

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters (or, if less, the number of full fiscal quarters subsequent to the Effective Date) of the Borrower, Holdings or the IPO Company, as applicable, ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such following amounts at any time during each of the following corresponding periods: For the fiscal quarter: quarter ending June 30, 2013 1.05 to 1.00 For the fiscal quarter ending September 30, 2007 1.0 to 1.0 2013 n/a For the fiscal quarter ending December 31, 2007 1.0 2013, and thereafter 1.25 to 1.0 March 311.00 For the avoidance of doubt, 2008 1.1 the requirements of this Section 7.11(a) do not apply to 1.0 June 30, 2008 1.1 to 1.0 the fiscal quarter ending September 30, 2008 1.1 to 1.0 December 31, 2008 (and thereafter) 1.15 to 1.02013.

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for as of the end of any four fiscal quarter period of four consecutive fiscal quarters (or, if less, the number of full fiscal quarters subsequent to the Effective Date) of the Borrower, Holdings or the IPO Company, as applicable, ending with any fiscal quarter Borrower set forth below to be less than the ratio set forth below opposite such four fiscal quarterquarter period: September 3029, 2007 1.0 to 1.0 1.05:1.00 December 3129, 2007 1.0 to 1.0 March 31through September 27, 2008 1.1 to 1.0 June 301.20:1.00 December 27, 2008 1.1 to 1.0 through September 3026, 2008 1.1 to 1.0 2009 1.25:1.00 December 3126, 2008 (2009 through September 25, 2010 1.40:1.00 December 25, 2010 and thereafter) 1.15 to 1.0each fiscal quarter thereafter 1.50:1.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters (or, if less, the number of full fiscal quarters subsequent to the Effective Date) of the Borrower, Holdings or the IPO Company, as applicable, ending with any fiscal quarter set forth below to be less than (i) 1.00:1.00, for the ratio set forth below opposite such fiscal quarter: September 30quarter ending ▇▇▇▇▇ ▇▇, 2007 1.0 to 1.0 December 31▇▇▇▇, 2007 1.0 to 1.0 March 31(▇▇) 1.10:1.00, 2008 1.1 to 1.0 for the fiscal quarter ending June 30, 2008 1.1 to 1.0 2008, or (iii) 1.25:1.00, for the fiscal quarter ending September 30, 2008 1.1 to 1.0 December 31, 2008 (and at any time thereafter) 1.15 to 1.0.

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters (or, if less, the number of full fiscal quarters subsequent to the Effective Date) as of the Borrower, Holdings or end of any Measurement Period ending as of the IPO Company, as applicable, ending with end of any fiscal quarter set forth below of the Borrower to be less than the ratio set forth below opposite such fiscal quarterperiodthan 1.15 to 1.00: March 31, 2017 1.10 to 1.00 June 30, 2017 1.05 to 1.00 September 30, 2007 1.0 2017 1.05 to 1.0 1.00 December 31, 2007 1.0 2017 1.10 to 1.0 1.00 March 31, 2008 1.1 2018 and each fiscal quarter thereafter 1.25 to 1.0 June 30, 2008 1.1 to 1.0 September 30, 2008 1.1 to 1.0 December 31, 2008 (and thereafter) 1.15 to 1.01.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters (or, if less, the number of full fiscal quarters subsequent to the Effective Date) of the Borrower, Holdings or the IPO Company, as applicable, Borrower ending with during any fiscal quarter period set forth below to be less than the ratio set forth below opposite for such fiscal quarterperiod: September 30Period Ratio March 29, 2007 1.0 to 1.0 December 31, 2007 1.0 to 1.0 2001 - March 31, 2008 1.1 2002 1.15 to 1.0 June 301.00 April 1, 2008 1.1 to 1.0 September 30, 2008 1.1 to 1.0 December 2002 - March 31, 2008 (and thereafter) 1.15 2004 1.20 to 1.01.00 April 1, 2004 - March 31, 2005 1.25 to 1.00 Thereafter 1.50 to 1.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for at any time during any period of four consecutive fiscal quarters (or, if less, the number of full fiscal quarters subsequent to the Effective Date) of the Borrower, Holdings or the IPO Company, as applicable, ending with any fiscal quarter Borrower set forth below to be less than the ratio set forth below opposite such fiscal quarterperiod: September 30, 2006 0.90:1.00 December 31, 2006 0.90:1.00 March 31, 2007 1.0 to 1.0 0.90:1.00 June 30, 2007 0.90:1.00 September 30, 2007 0.90:1.00 December 31, 2007 1.0 to 1.0 1.00:1.00 March 31, 2008 1.1 to 1.0 1.10:1.00 June 30, 2008 1.1 to 1.0 3008 1.20:1.00 September 30, 2008 1.1 to 1.0 December 31, 2008 (and thereafter) 1.15 to 1.0each fiscal quarter thereafter 1.25:1.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any four fiscal-quarter period (or such lesser number of four consecutive fiscal quarters (oras shall have elapsed since December 31, if less1997), beginning with the number of full fiscal quarters subsequent to the Effective Date) of the Borrowerperiod ending on June 30, Holdings or the IPO Company1998, as applicable, ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such fiscal quarter: September 30, 2007 1.0 1.10 to 1.0 December 31, 2007 1.0 to 1.0 March 31, 2008 1.1 to 1.0 June 30, 2008 1.1 to 1.0 September 30, 2008 1.1 to 1.0 December 31, 2008 (and thereafter) 1.15 to 1.01.00.

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters (orquarters, if lessin each case taken as one accounting period, ended on the number last day of full fiscal quarters subsequent to the Effective Date) of the Borrower, Holdings or the IPO Company, as applicable, ending with any fiscal quarter set forth below to be less than the ratio amount set forth below opposite such fiscal quarterquarter below: September 3066 Fiscal Quarter Ended in, 2007 1.0 or Closest to 1.0 Ratio -------------------- ----- June 2000 through December 31, 2007 1.0 to 1.0 2000 1.00:1.00 March 31, 2008 1.1 to 1.0 June 30, 2008 1.1 to 1.0 September 30, 2008 1.1 to 1.0 2001 through December 31, 2008 (2001 1.15:1.00 March 2002 through December 2002 1.20:1.00 March 2003 through December 2003 1.20:1.00 March 2004 and thereafter) 1.15 to 1.0thereafter 1.20:1.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters (or, if less, the number of full fiscal quarters subsequent to the Effective Date) of the Borrower, Holdings ending on or the IPO Company, as applicable, ending with about any fiscal quarter date set forth below to be less than the ratio set forth below opposite such fiscal quarterdate: Date Ratio ---- ----- March 31, 2003 1.25 to 1.00 June 30, 2003 1.20 to 1.00 [[NYCORP:2303151v20:4272D:09/26/03--12:23 p]] 76 September 30, 2007 1.0 2003 1.15 to 1.0 1.00 December 31, 2007 1.0 2003 1.15 to 1.0 1.00 March 31, 2008 1.1 2004 1.15 to 1.0 1.00 June 30, 2008 1.1 2004 1.20 to 1.0 1.00 September 30, 2008 1.1 2004 1.20 to 1.0 December 31, 2008 (and thereafter) 1.15 to 1.01.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters (or, if less, the number of full fiscal quarters subsequent to the Effective Date) of the Borrower, Holdings or the IPO Company, as applicable, Borrower ending with during any fiscal quarter period set forth below to be less than the ratio set forth below opposite such fiscal quarterperiod below: September Consolidated Period Fixed Charge Coverage Ratio ------ --------------------------- March 30, 2007 1.0 to 1.0 2003 - January 2, 2005 1.125 : 1.00 January 3, 2005 - December 31, 2006 1.25 : 1.00 January 1, 2007 1.0 to 1.0 March 31, 2008 1.1 to 1.0 June 30, 2008 1.1 to 1.0 September 30, 2008 1.1 to 1.0 December 31, 2008 (and thereafter) 1.15 to 1.0thereafter 1.50 : 1.00

Consolidated Fixed Charge Coverage Ratio. Permit the The Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters (or, if less, the number of full fiscal quarters subsequent to the Effective Date) of the Borrower, Holdings or the IPO Company, as applicable, ending with any fiscal quarter set forth below to at each Calculation Date shall be no less than the ratio set forth below opposite such following proportions: Period Ratio ------ ----- For the period occurring 1.50 to 1.00 from the Closing Date through the next to last day of the fourth fiscal quarter: September 30, 2007 1.0 quarter of fiscal year 1998 of the Borrower and its Subsidiaries For the period occurring 1.75 to 1.0 December 31, 2007 1.0 to 1.0 March 31, 2008 1.1 to 1.0 June 30, 2008 1.1 to 1.0 September 30, 2008 1.1 to 1.0 December 31, 2008 (1.00 from the last day of the fourth fiscal quarter of fiscal year 1998 of the Borrower and its Subsidiaries and thereafter) 1.15 to 1.0

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period at the end of four consecutive each fiscal quarters (or, if less, the number of full fiscal quarters subsequent to the Effective Date) quarter of the Borrower, Holdings or the IPO Company, as applicable, ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such fiscal quarterthe relevant period: March 31, 2006 1.00:1.00 June 30, 2006 1.00:1.00 September 30, 2007 1.0 to 1.0 2006 1.05:1.00 December 31, 2007 1.0 to 1.0 March 31, 2008 1.1 to 1.0 June 30, 2008 1.1 to 1.0 September 30, 2008 1.1 to 1.0 December 31, 2008 (2006 and thereafter) 1.15 to 1.0thereafter 1.15:1.00”

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters (or, if less, the number of full fiscal quarters subsequent to the Effective Date) of the Borrower, Holdings or the IPO Company, as applicable, Borrower ending with any fiscal quarter during any fiscal year set forth below below, commencing with the fiscal quarter ending on or about December 31, 2000, to be less than the ratio set forth below opposite such fiscal quarteryear: September 30, Consolidated Fixed Fiscal Year Charge Coverage Ratio ----------- --------------------- 2000 1.00 2001 1.00 2002 1.25 2003 1.50 2004 1.75 2005 1.75 2006 1.75 2007 1.0 to 1.0 December 31, 2007 1.0 to 1.0 March 31, 1.75 2008 1.1 to 1.0 June 30, 2008 1.1 to 1.0 September 30, 2008 1.1 to 1.0 December 31, 2008 (and thereafter) 1.15 to 1.01.75

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any four fiscal-quarter period (or such lesser number of four consecutive fiscal quarters (oras shall have elapsed since December 31, if less1998), beginning with the number of full fiscal quarters subsequent to the Effective Date) of the Borrowerperiod ending on March 30, Holdings or the IPO Company1999, as applicable, ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such fiscal quarter: September 30, 2007 1.0 1.10 to 1.0 December 31, 2007 1.0 to 1.0 March 31, 2008 1.1 to 1.0 June 30, 2008 1.1 to 1.0 September 30, 2008 1.1 to 1.0 December 31, 2008 (and thereafter) 1.15 to 1.01.00.

Consolidated Fixed Charge Coverage Ratio. Permit the The Consolidated Fixed Charge Coverage Ratio for as of the end of any Fiscal Quarter occurring during any period of four consecutive fiscal quarters (or, if less, the number of full fiscal quarters subsequent to the Effective Date) of the Borrower, Holdings or the IPO Company, as applicable, ending with any fiscal quarter set forth below to shall not be less than the ratio set forth below opposite such fiscal quarterFiscal Quarter: March 26, 2023 1.15 to 1.00 March 27, 2023 through and including June 25, 2023 1.50 to 1.00 June 26, 2023 through and including September 3024, 2007 1.0 2023 1.50 to 1.0 1.00 September 25, 2023 through and including December 31, 2007 1.0 2023 1.75 to 1.0 1.00 January 1, 2024 through and including March 31, 2008 1.1 2024 0.75 to 1.0 June 301.00 April 1, 2008 1.1 2024 and for each Fiscal Quarter thereafter 1.50 to 1.0 September 30, 2008 1.1 to 1.0 December 31, 2008 (and thereafter) 1.15 to 1.01.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters (or, if less, the number of full fiscal quarters subsequent to the Effective Date) of the Borrower, Holdings ending on or the IPO Company, as applicable, ending with about any fiscal quarter date set forth below to be less than the ratio set forth below opposite such fiscal quarterdate: Date Ratio March 31, 2003 1.25 to 1.00 June 30, 2003 1.25 to 1.00 September 30, 2007 1.0 2003 1.25 to 1.0 1.00 December 31, 2007 1.0 2003 1.25 to 1.0 1.00 March 31, 2008 1.1 2004 1.30 to 1.0 1.00 June 30, 2008 1.1 2004 1.30 to 1.0 1.00 September 30, 2008 1.1 2004 1.35 to 1.0 December 31, 2008 (and thereafter) 1.15 to 1.01.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters (or, if less, the number of full fiscal quarters subsequent to the Effective Date) of the Borrower, Holdings or the IPO Company, as applicable, ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such following amounts at any time during each of the following corresponding periods: For the fiscal quarter: quarters ending June 30, 2013 and September 30, 2007 1.0 2013 1.05 to 1.0 1.00 For the fiscal quarter ending December 31, 2007 1.0 2013, and thereafter 1.25 to 1.0 March 31, 2008 1.1 to 1.0 June 30, 2008 1.1 to 1.0 September 30, 2008 1.1 to 1.0 December 31, 2008 (and thereafter) 1.15 to 1.01.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for as of the end of any period of four consecutive fiscal quarters (or, if less, the number of full fiscal quarters subsequent to the Effective Date) of the Borrower, Holdings or the IPO Company, as applicable, ending with any fiscal quarter set forth below Borrower to be less than the ratio set forth below opposite such fiscal quarter: September 3024, 2007 1.0 2010 through April 1, 2011 1.20 to 1.0 December 311.00 July 1, 2007 1.0 2011 and thereafter 1.50 to 1.0 March 31, 2008 1.1 to 1.0 June 30, 2008 1.1 to 1.0 September 30, 2008 1.1 to 1.0 December 31, 2008 (and thereafter) 1.15 to 1.01.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio Ratio, for any period of four consecutive fiscal quarters (orquarters, if less, the number of full fiscal quarters subsequent to the Effective Date) of the Borrower, Holdings or the IPO Company, as applicable, ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such (i) for each four fiscal quarter: quarter period ending on or prior to September 30, 2007 1.0 2010, 1.10 to 1.0 December 31, 2007 1.0 to 1.0 March 31, 2008 1.1 to 1.0 June 30, 2008 1.1 to 1.0 1.00 and (ii) for each four fiscal quarter period ending after September 30, 2008 1.1 2010, 1.20 to 1.0 December 311.00. (t) Section 7.11(c) of the Credit Agreement is hereby amended so that, 2008 (and thereafter) 1.15 to 1.0as amended, such section shall read as follows:

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters (orquarters, if lessin each case taken as one accounting period, the number of full fiscal quarters subsequent to the Effective Date) of the Borrower, Holdings or the IPO Company, as applicable, ending with ended during any fiscal quarter period set forth below to be less than the ratio amount set forth below opposite such fiscal quarterperiod below: September 30, 2007 1.0 to 1.0 Period Ratio ------ ----- December 31, 2007 1.0 1999 to 1.0 March 31June 29, 2008 1.1 to 1.0 2001 1.00:1.00 June 30, 2008 1.1 2001 to 1.0 September 30June 28, 2008 1.1 2002 1.05:1.00 June 29, 2002 to 1.0 December 31June 27, 2008 (2003 1.05:1.00 June 28, 2003 and thereafter) 1.15 to 1.0thereafter 1.10:1.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters (or, if less, the number of full fiscal quarters subsequent to the Effective Date) as of the Borrower, Holdings or the IPO Company, as applicable, ending with end of any fiscal quarter set forth below of the US Borrower for which the US Borrower has delivered financial statements pursuant to Section 6.01(a) or 6.01(b) to be less than the ratio set forth below opposite such fiscal quarterquarter end: September Four Fiscal Quarters Ending Minimum Consolidated Fixed Charge Coverage Ratio May 31, 2015 1.50 to 1.00 August 31, 2015 1.25 to 1.00 November 30, 2007 1.0 2015 1.25 to 1.0 December 311.00 February 29, 2007 1.0 2016 1.25 to 1.0 March 31, 2008 1.1 to 1.0 June 30, 2008 1.1 to 1.0 September 30, 2008 1.1 to 1.0 December 31, 2008 (and thereafter) 1.15 to 1.01.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters (orquarters, if lessin each case taken as one accounting period, ended on the number last day of full fiscal quarters subsequent to the Effective Date) of the Borrower, Holdings or the IPO Company, as applicable, ending with any fiscal quarter set forth below to be less than the ratio amount set forth below opposite such fiscal quarterquarter below: Fiscal Quarter Ended in, or Closest to Ratio August 1999 through September 30, 2007 1.0 to 1.0 2000 1.0:1.0 December 31, 2007 1.0 to 1.0 March 31, 2008 1.1 to 1.0 June 30, 2008 1.1 to 1.0 2000 through September 30, 2008 1.1 to 1.0 2001 1.1:1.0 December 31, 2008 (2001 through September 2002 1.15:1.0 December 2002 and thereafter) 1.15 to 1.0thereafter 1.2:1.0

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters (or, if less, the number of full fiscal quarters subsequent to the Effective Date) of the Borrower, Holdings or the IPO Company, as applicable, ending with any fiscal quarter set forth below to be less than 1.0 to 1.0: (i) for the ratio set forth below opposite such period of one fiscal quarter: quarter for the fiscal quarter ending on June 30, 2002, (ii) for the period of two fiscal quarters ending on September 30, 2007 1.0 to 1.0 2002, (iii) for the period of three fiscal quarters ending on December 31, 2007 1.0 to 1.0 2002, and (iv) for each Four-Quarter Period beginning with the Four-Quarter Period ending March 31, 2008 1.1 to 1.0 June 30, 2008 1.1 to 1.0 September 30, 2008 1.1 to 1.0 December 31, 2008 (and thereafter) 1.15 to 1.02003.

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters (or, if less, the number of full fiscal quarters subsequent to the Effective Date) as of the Borrower, Holdings or the IPO Company, as applicable, ending with end of (i) any fiscal quarter set forth below ending prior to February 1, 2014 to be less than 1.50:1.00, (ii) the ratio set forth below opposite such fiscal quarter: September 30quarters ending February 1, 2007 1.0 2014, May 3, 2014, August 2, 2014, and November 1, 2014 to 1.0 December be less than 1.75:1.00, (iii) the fiscal quarter ending January 31, 2007 1.0 2015 to 1.0 March 31, 2008 1.1 be less than 1.90:1.00 and (iv) any other fiscal quarter to 1.0 June 30, 2008 1.1 to 1.0 September 30, 2008 1.1 to 1.0 December 31, 2008 (and thereafter) 1.15 to 1.0be less than 2.00:1.00.”

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters (or, if less, the number of full fiscal quarters subsequent to the Effective Date) of the Borrower, Holdings or the IPO Company, as applicable, ending with any fiscal quarter set forth below Borrower to be less than (i) 1.10:1.00 for any such period ending in 2011, (ii) 1.20:1.00 for any such period ending in 2012 through the day prior to the Second Amendment Effective Date and (iii) for any such period ending on and after the Second Amendment Effective Date the ratio set forth below opposite such fiscal quarter: September 30, 2007 1.0 to 1.0 December 31, 2007 1.0 to 1.0 March 31, 2008 1.1 to 1.0 June 30, 2008 1.1 to 1.0 September 30, 2008 1.1 to 1.0 December 31, 2008 (and thereafter) 1.15 to 1.0:

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters (orof Holdings beginning March 31, if less, the number of full fiscal quarters subsequent to the Effective Date) of the Borrower, Holdings or the IPO Company, as applicable, ending with any fiscal quarter set forth below 2009 to be less than the ratio set forth below opposite (i) for any such fiscal quarter: September 30, 2007 1.0 period ending on or prior to 1.0 December 31, 2007 1.0 2010, 1.00 to 1.0 March 31, 2008 1.1 to 1.0 June 30, 2008 1.1 to 1.0 September 30, 2008 1.1 to 1.0 1.00 and (ii) for any such period ending after December 31, 2008 (and thereafter) 1.15 2010, 1.05 to 1.01.00.

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters (or, if less, the number of full fiscal quarters subsequent to the Effective Date) of the Borrower, Holdings or the IPO Company, as applicable, ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such fiscal quarter: Fiscal Quarter Ending Consolidated Fixed Charge Coverage Ratio June 30, 2013 1.40 to 1.00 September 30, 2007 1.0 2013 1.40 to 1.0 1.00 December 31, 2007 1.0 2013 1.40 to 1.0 1.00 March 31, 2008 1.1 2014 1.40 to 1.0 1.00 June 30, 2008 1.1 2014 1.50 to 1.0 1.00 September 30, 2008 1.1 2014, and thereafter 1.75 to 1.0 December 311.00 ; and provided that for purposes of this Section 7.1(b), 2008 (and thereafter) 1.15 to 1.0the covenant set forth above shall be determined on a Pro Forma Basis.

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters (or, if less, the number of full fiscal quarters subsequent to the Effective Date) of the Borrower, Holdings or the IPO Company, as applicable, Borrower ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such fiscal quarterperiod: September 30, 2007 1.0 Consolidated Period Fixed Charge Coverage Ratio ------ --------------------------- On or prior to 1.0 December 31, 2007 1.0 to 1.0 March 31, 2008 1.1 to 1.0 June 30, 2008 1.1 1.50 to 1.0 1.00 September 30, 2008 1.1 1.25 to 1.0 1.00 December 31, 2008 (and thereafter) 1.15 thereafter 1.00 to 1.01.00

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters of the Borrower (or, if less, the number of full fiscal quarters subsequent to the Effective Closing Date) of the Borrower, Holdings or the IPO Company, as applicable, ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such fiscal quarter: Consolidated Fixed Fiscal Quarter Ending Charge Coverage Ratio March 31, 2002 through June 30, 2004 1.10x September 30, 2007 1.0 to 1.0 December 31, 2007 1.0 to 1.0 March 31, 2008 1.1 to 1.0 June 30, 2008 1.1 to 1.0 September 30, 2008 1.1 to 1.0 December 31, 2008 (2004 and thereafter) 1.15 to 1.0thereafter 1.20x

Consolidated Fixed Charge Coverage Ratio. Permit the Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters (or, if less, the number of full fiscal quarters subsequent to the Effective Date) of the Borrower, Holdings or the IPO Company, as applicable, ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such following amounts at any time during each of the following corresponding periods: For the fiscal quarter: September 30, 2007 1.0 to 1.0 quarter ending December 31, 2007 1.0 2013 1.10 to 1.0 1.00 For the fiscal quarter ending March 31, 2008 1.1 2014, and thereafter 1.25 to 1.0 June 30, 2008 1.1 to 1.0 September 30, 2008 1.1 to 1.0 December 31, 2008 (and thereafter) 1.15 to 1.01.00

Consolidated Fixed Charge Coverage Ratio. Permit Maintain as of the end of each fiscal quarter of Company ending during the periods specified below, for the four fiscal quarters then ending, a Consolidated Fixed Charge Coverage Ratio for any period of four consecutive fiscal quarters (or, if less, the number of full fiscal quarters subsequent to the Effective Date) of the Borrower, Holdings or the IPO Company, as applicable, ending with any fiscal quarter set forth below to be not less than the ratio set forth below opposite such fiscal quarterfollowing amounts during the periods specified below: September 30, 2007 1.0 Effective Date through 6/30/03 1.00 to 1.0 December 31, 2007 1.0 1 7/01/03 through 12/31/03 ..90 to 1.0 March 31, 2008 1.1 1 1/01/04 through 12/31/04 1.00 to 1.0 June 30, 2008 1.1 1 1/01/05 and thereafter 1.25 to 1.0 September 30, 2008 1.1 to 1.0 December 31, 2008 (and thereafter) 1.15 to 1.01