Common use of Consolidated Interest Coverage Ratio Clause in Contracts

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as of the end of any fiscal quarter of the Borrower to be less than the ratio set forth below opposite such fiscal quarter: Closing Date through November 30, 2009 3.00:1.00 December 1, 2009 through November 30, 2010 3.50:1.00 December 1, 2010 and thereafter 4.00:1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio Maintain, as of the end of each Measurement Period ending during any fiscal quarter period set forth in the table below, a Consolidated Interest Coverage Ratio of the Borrower to be not less than the ratio set forth below opposite such fiscal quarterperiod in the table below: Closing Effective Date through November 30April 27, 2009 2007 3.00:1.00 December April 28, 2007 through May 2, 2008 3.25:1.00 May 3, 2008 through May 1, 2009 3.50:1.00 May 2, 2009 through November April 30, 2010 3.50:1.00 December 13.75:1.00 April 31, 2010 and thereafter 4.00:1.00

Consolidated Interest Coverage Ratio. Permit Except for any period of four consecutive fiscal quarters of the Borrower ending on March 31, 2016, June 30, 2016, September 30, 2016 or December 31, 2016, permit the Consolidated Interest Coverage Ratio as of at the end last day of any period of four consecutive fiscal quarter quarters of the Borrower to be less than 2.50:1.00; and for any period of four consecutive fiscal quarters of the ratio set forth below opposite such fiscal quarter: Closing Date through November Borrower ending on March 31, 2016, June 30, 2009 3.00:1.00 December 12016, 2009 through November September 30, 2010 3.50:1.00 2016 or December 131, 2010 and thereafter 4.00:1.002016, permit the Consolidated Interest Coverage Ratio as at the last day of any such period to be less than 2.25:1.00.

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as of the end of any fiscal quarter of the Borrower to be less than the ratio set forth indicated below opposite such fiscal quarterat any time during the period indicated: Closing Date through November 30, 2009 3.00:1.00 December 1, 2009 third fiscal quarter 1999 2.00 to 1.00 Fourth fiscal quarter 1999 through November 30, 2010 3.50:1.00 December 1, 2010 third fiscal quarter 2000 2.50 to 1.00 Fourth fiscal quarter 2000 and thereafter 4.00:1.003.00 to 1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as of the end of one accounting period, ended during any fiscal quarter of the Borrower period set forth below to be less than the ratio set forth below opposite such fiscal quarterperiod below: Closing Date through November Period Ratio ------ ----- July 1, 2003 to September 30, 2009 3.00:1.00 December 2003 2.50 to 1.0 October 1, 2009 through November 302003 to December 31, 2010 3.50:1.00 December 2003 3.00 to 1.0 January 1, 2010 2004 and thereafter 4.00:1.004.00 to 1.0

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as of the end of any fiscal quarter of the Borrower to be less than the ratio set forth below opposite such fiscal quarter: Closing Date through November March 31, 2005 2.00:1.00 June 30, 2009 3.00:1.00 December 1, 2009 through November 2005 2.00:1.00 September 30, 2010 3.50:1.00 2005 2.00:1.00 December 131, 2010 and 2005 2.00:1.00 March 31, 2006 2.25:1.00 June 30, 2006 2.25:1.00 September 30, 2006 2.25:1.00 December 31, 2006 2.25:1.00 Each fiscal quarter ended thereafter 4.00:1.002.50:1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as for any period of the end of any four consecutive fiscal quarter quarters of the Borrower ending during any period set forth below to be less than the ratio set forth below opposite for such fiscal quarterperiod: Closing Period Ratio Effective Date through November 30- March 31, 2009 3.00:1.00 December 2000 2.00 to 1.00 April 1, 2009 through November 302000 - March 31, 2010 3.50:1.00 December 2001 2.10 to 1.00 April 1, 2010 and thereafter 4.00:1.002001 - March 31, 2002 2.25 to 1.00 April 1, 2002 - March 31, 2003 2.35 to 1.00 April 1, 2003 - March 31, 2005 2.50 to 1.00 Thereafter 2.75 to 1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated ------------------------------------ Interest Coverage Ratio as for any period of four consecutive fiscal quarters of the end Borrower (or, if less, the number of full fiscal quarters in 1998) ending with any fiscal quarter of the Borrower set forth below to be less than the ratio set forth below opposite such fiscal quarter: Closing Date through November Consolidated Interest Fiscal Quarter Coverage Ratio -------------- --------------------- December 31, 1998 1.30 to 1.00 March 31, 1999 .90 to 1.00 June 30, 2009 3.00:1.00 December 1, 2009 through November 1999 1.00 to 1.00 September 30, 2010 3.50:1.00 1999 1.20 to 1.00 December 131, 2010 and thereafter 4.00:1.001999 1.50 to 1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as for any period of the end of any four consecutive fiscal quarter quarters of the Borrower ending during any period set forth below to be less than the ratio set forth below opposite such fiscal quarterperiod below: Closing Date through November Consolidated Period Interest Coverage Ratio ------ ----------------------- March 30, 2009 3.00:1.00 2003 - December 28, 2003 3.55 : 1.00 December 29, 2003 - January 2, 2005 3.70 : 1.00 January 3, 2005 - January 1, 2009 through November 302006 4.00 : 1.00 January 2, 2010 3.50:1.00 December 1, 2010 2006 and thereafter 4.00:1.004.25 : 1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as for any period of four consecutive fiscal quarters of the end of Company ending during any fiscal quarter of the Borrower period set forth below to be less than the ratio set forth below opposite such fiscal quarterperiod: Closing Date through November 30, 2009 3.00:1.00 December 1, 2009 through November 30, 2010 3.50:1.00 December 1, 2010 Consolidated Period Interest Coverage Ratio ------ ----------------------- FQ1 2002 2.25 FQ2 2002 2.50 FQ3 2002 2.50 FQ4 2002 2.50 FQ1 2003 2.75 FQ2 2003 2.75 FQ3 2003 and thereafter 4.00:1.003.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio determined as of the end last day of any fiscal quarter of the Borrower ending during any period set forth below to be less than the ratio set forth below opposite such fiscal quarterperiod: Closing Date Consolidated Period Interest Coverage Ratio ------ ----------------------- through November 30, 2009 3.00:1.00 December 1, 2009 through November 30, 2010 3.50:1.00 December 1, 2010 12/31/02 1.50 to 1.0 01/01/03 - 06/30/05 1.75 to 1.0 07/01/05 and thereafter 4.00:1.002.00 to 1.0

Consolidated Interest Coverage Ratio. Permit the The Consolidated Interest Coverage Ratio as of the end of shall not at any fiscal quarter of the Borrower to time during any period set forth below be less than the ratio set forth below opposite such fiscal quarterperiod below: Closing Period Ratio ---------------------------------------------------------- --------------- Effective Date through November and including June 29, 2004 1.50 to 1.00 June 30, 2009 3.00:1.00 2004 through and including December 1, 2009 through November 30, 2010 3.50:1.00 2006 1.75 to 1.00 December 131, 2010 2006 and thereafter 4.00:1.002.00 to 1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as for any period of the end four consecutive fiscal quarters of Holdings ending during any fiscal quarter of the Borrower period set forth below to be less than the ratio set forth below opposite such fiscal quarterperiod: Closing Date through November September 30, 2006 to September 30, 2007 1.50 to 1.00 December 31, 2007 to March 31, 2008 1.60 to 1.00 June 30, 2008 to December 31, 2008 1.70 to 1.00 March 31, 2009 1.80 to 1.00 June 30, 2009 3.00:1.00 December 1to September 30, 2009 through November 1.90 to 1.00 December 31, 2009 to September 30, 2010 3.50:1.00 December 1, 2010 and thereafter 4.00:1.002.00 to 1.00 Thereafter 2.25 to 1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as of the end of any fiscal quarter of Holdings ending during the Borrower period set forth below to be less than the ratio set forth below opposite such fiscal quarterperiod: Closing Date through November 30, 2009 3.00:1.00 December 1, 2009 through November 30, Q4 2010 3.50:1.00 December 1, 2010 - Q4 2011 1.50 to 1.00 Q1 2012 - Q4 2012 1.60 to 1.00 Q1 2013 and thereafter 4.00:1.001.75 to 1.00

Consolidated Interest Coverage Ratio. Permit At the end of each Fiscal Quarter of the Borrower Group, no Borrower shall permit the Consolidated Interest Coverage Ratio as of the end of any fiscal quarter of the Borrower to be less than the ratio ratios set forth below opposite such fiscal quarterbelow: Closing Date through November March 31, 2006 1.60:1.00 June 30, 2009 3.00:1.00 December 1, 2009 through November 2006 1.95:1.00 September 30, 2010 3.50:1.00 2006 2.25:1.00 December 131, 2010 and thereafter 4.00:1.002006 2.55:1.00 March 31, 2007 2.85:1.00 June 30, 2007 3.10:1.00 September 30, 2007 3.25:1.00 December 31, 2007 3.40:1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as for any period of the end four consecutive fiscal quarters of Holdings ending with any fiscal quarter of the Borrower set forth below to be less than the ratio set forth below opposite such fiscal quarter: Closing Date through November December 31, 2003 3.50 to 1.00 March 31, 2004 3.50 to 1.00 June 30, 2009 3.00:1.00 December 1, 2009 through November 2004 3.50 to 1.00 September 30, 2010 3.50:1.00 2004 3.50 to 1.00 December 131, 2010 2004 3.75 to 1.00 March 31, 2005 3.75 to 1.00 June 30, 2005 3.75 to 1.00 September 30, 2005 3.75 to 1.00 December 31, 2005 3.75 to 1.00 March 31, 2006 and thereafter 4.00:1.004.00 to 1.00

Consolidated Interest Coverage Ratio. Permit Permit, for any period of four consecutive fiscal quarters of Parent ending during any period set forth below, the Consolidated Interest Coverage Ratio as at the last day of the end of any such four fiscal quarter of the Borrower period to be less than the ratio set forth below opposite such fiscal quarterperiod: Period Ratio ------ ----- Closing Date through November - December 30, 2009 3.00:1.00 2005 2.25 to 1.00 December 131, 2009 through November 2005 - December 30, 2010 3.50:1.00 2006 2.50 to 1.00 December 131, 2010 and thereafter 4.00:1.002006 - December 30, 2007 2.75 to 1.00 December 31, 2007 - Thereafter 3.00 to 1.00

Consolidated Interest Coverage Ratio. Permit As of the end of each fiscal ------------------------------------ quarter, the Consolidated Interest Coverage Ratio as of the end of any fiscal quarter of the Borrower to shall be not less than the ratio set forth below opposite such fiscal quarterthan: Closing Date through November Fiscal Quarter Ending --------------------- March 31, 2002 2.50:1.0 June 30, 2009 3.00:1.00 December 1, 2009 through November 2002 2.0:1.0 September 30, 2010 3.50:1.00 2002 2.0:1.0 December 131, 2010 and thereafter 4.00:1.002002 2.25:1.0

Consolidated Interest Coverage Ratio. Permit the Consolidated ------------------------------------ Interest Coverage Ratio as for any period of the end four consecutive fiscal quarters of Holdings ending with any fiscal quarter of the Borrower set forth below to be less than the ratio set forth below opposite such fiscal quarter: Closing Date through November 30, 2009 3.00:1.00 December 1, 2009 through November 30, 2010 3.50:1.00 December 1, 2010 and thereafter 4.00:1.00Fiscal Year Fiscal Quarter Ratio ----------- -------------- ----- 2000 Fourth 1.85 to 1.00 2001 First 1.65 to 1.00 Second 1.55 to 1.00 Third 1.50 to 1.00 Fourth 1.75 to 1.00 2002 First 1.95 to 1.00 Second 2.00 to 1.00 Third 2.00 to 1.00 Fourth 2.00 to 1.00 2003 First 2.00 to 1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as of the end of any fiscal quarter of the Borrower to be less than the ratio set forth below opposite such following amount for each of the following corresponding periods: From the fiscal quarter: Closing Date through November quarter ending September 30, 2009 3.00:1.00 December 12009, 2009 through November and including the fiscal quarter ending June 30, 2010 3.50:1.00 December 11.75 to 1.00 For the fiscal quarter ending September 30, 2010 and thereafter 4.00:1.002.00 to 1.00 For the fiscal quarter ending December 31, 2010 2.50 to 1.00 Thereafter 3.00 to 1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as of the end of one accounting period, ended during any fiscal quarter of the Borrower period set forth below to be less than the ratio set forth below opposite such fiscal quarterperiod below: Closing Date through November Period Ratio --------- ----------- July 1, 2003 to September 30, 2009 3.00:1.00 December 2003 2.50 to 1.0 October 1, 2009 through November 302003 to December 31, 2010 3.50:1.00 December 2003 3.00 to 1.0 January 1, 2010 2004 and thereafter 4.00:1.004.00 to 1.0

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as one accounting period, ended on the last day of the end of any a fiscal quarter of the Borrower described below to be less than the ratio amount set forth below opposite such fiscal quarterquarter below: Closing Date Fiscal Quarter Ended in, or Closest to Ratio August 1999 through November 30, 2009 3.00:1.00 December 1, 2009 1999 2.25:1.0 March 2000 through November 30, 2010 3.50:1.00 September 2000 2.35:1.0 December 1, 2010 2000 through September 2001 2.75:1.0 December 2001 through September 2002 3.00:1.0 December 2002 through September 2003 3.25:1.0 December 2003 and thereafter 4.00:1.003.50:1.0

Consolidated Interest Coverage Ratio. Permit the ------------------------------------ Consolidated Interest Coverage Ratio as for any period of four consecutive fiscal quarters of the end of Company ending during any fiscal quarter of the Borrower period set forth below to be less than the ratio set forth below opposite such fiscal quarterperiod: Closing Date through November 30, 2009 3.00:1.00 December 1, 2009 through November 30, 2010 3.50:1.00 December 1, 2010 Consolidated Period Interest Coverage Ratio ------ ----------------------- FQ2 2001 2.25 FQ3 2001 2.25 FQ4 2001 2.25 FQ1 2002 2.25 FQ2 2002 2.50 FQ3 2002 2.75 FQ4 2002 and thereafter 4.00:1.003.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as for any period of the end of any four consecutive fiscal quarter quarters of the Borrower (or, if less, the number of full fiscal quarters subsequent to the Closing Date) ending during any of the calendar years set forth below to be less than the ratio set forth below opposite such fiscal quarteryear: Closing Date through November 30, 2009 Consolidated Interest Fiscal Quarter Coverage Ratio -------------- --------------------- 1997 2.75:1.00 1998 3.00:1.00 December 1, 2009 through November 30, 2010 3.50:1.00 December 1, 2010 1999 3.25:1.00 2000 and thereafter 4.00:1.003.50:1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated ------------------------------------ Interest Coverage Ratio as for any period of four consecutive fiscal quarters of the end of Company ending during any fiscal quarter of the Borrower period set forth below to be less than the ratio set forth below opposite such fiscal quarterperiod: Closing Date through November 30, 2009 3.00:1.00 December 1, 2009 through November 30, 2010 3.50:1.00 December 1, 2010 Consolidated Period Interest Coverage Ratio ------ ----------------------- FQ1 2002 2.25 FQ2 2002 2.50 FQ3 2002 2.50 FQ4 2002 2.50 FQ1 2003 2.75 FQ2 2003 2.75 FQ3 2003 and thereafter 4.00:1.003.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as for any period of the end four consecutive fiscal quarters of Details ending during any fiscal quarter of the Borrower period set forth below to be less than the ratio set forth below opposite such fiscal quarterperiod: Consolidated Interest Period Coverage Ratio ------ --------------------- Closing Date through November September 29, 1999 1.75 to 1.0 September 30, 2009 3.00:1.00 December 11999 through September 29, 2009 through November 2000 1.85 to 1.0 September 30, 2010 3.50:1.00 December 12000 through September 29, 2010 and 2001 2.25 to 1.0 September 30, 2001 through September 29, 2002 2.50 to 1.0 September 30, 2002 through September 29, 2003 2.75 to 1.0 September 30, 2003 through thereafter 4.00:1.003.00 to 1.0

Consolidated Interest Coverage Ratio. Permit the Consolidated ------------------------------------ Interest Coverage Ratio as for any period of four consecutive fiscal quarters of Holdings (or, if less, the end number of full fiscal quarters subsequent to the Closing Date) ending with any fiscal quarter of the Borrower set forth below to be less than the ratio set forth below opposite such fiscal quarter: Closing Date Fiscal Quarter Ending Consolidated Interest During Period Below Coverage Ratio ------------------- -------------- March 31, 2002 through November 30Fiscal Quarter 3.85 to 1.00 ending on or about December 31, 2009 3.00:1.00 December 12002 March 31, 2009 through November 30, 2010 3.50:1.00 December 1, 2010 2003 and thereafter 4.00:1.004.00 to 1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as for any period of four consecutive fiscal quarters of the end Borrower (or, if less, the number of full fiscal quarters subsequent to the Closing Date) ending with any fiscal quarter of the Borrower set forth below to be less than the ratio set forth below opposite such fiscal quarter: Closing Date Consolidated Interest Fiscal Quarter Ending Coverage Ratio March 31, 2002 through November June 30, 2009 3.00:1.00 December 1, 2009 through November 2003 3.75x September 30, 2010 3.50:1.00 December 12003 through June 30, 2010 2004 4.00x September 30, 2004 and thereafter 4.00:1.004.25x

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as of the end of any fiscal quarter of the Borrower to be less than the ratio set forth below opposite such fiscal quarter: Four Fiscal Quarters Ending Minimum Consolidated Interest Coverage Ratio Closing Date through November 30December 31, 2009 3.00:1.00 2011 2.75 to 1.00 March 31, 2012 through December 131, 2009 2012 3.00 to 1.00 March 31, 2013 through November 30December 31, 2010 3.50:1.00 2013 3.25 to 1.00 March 31, 2014 through December 131, 2010 2014 3.50 to 1.00 March 31, 2015 and each fiscal quarter thereafter 4.00:1.003.75 to 1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as for any period of four consecutive fiscal quarters of the end Borrower ending with the last day of any fiscal quarter of the Borrower set forth below to be less than the ratio set forth below opposite such fiscal quarter: Closing Date through November 30, 2009 3.00:1.00 December 1, 2009 through November 30, 2010 3.50:1.00 December 1, 2010 Consolidated Fiscal Quarter Leverage Ratio -------------- -------------- FQ2 2006 2.50 : 1.00 FQ3 2006 2.50 : 1.00 FQ4 2006 3.00 : 1.00 FQ1 2007 3.00 : 1.00 FQ2 2007 3.00 : 1.00 FQ3 2007 3.00 : 1.00 FQ4 2007 and thereafter 4.00:1.003.50 : 1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as for any period of four consecutive fiscal quarters of the end of Borrower ending with any fiscal quarter of the Borrower set forth below to be less than the ratio set forth below opposite such fiscal quarter: Closing Date through November Fiscal Quarter Interest Coverage Ratio December 31, 2006 2.50 to 1.00 March 31, 2007 2.50 to 1.00 June 30, 2009 3.00:1.00 December 1, 2009 through November 2007 2.50 to 1.00 September 30, 2010 3.50:1.00 2007 2.50 to 1.00 December 131, 2010 2007 and thereafter 4.00:1.003.00 to 1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as for any period of four consecutive fiscal quarters of the end of Borrower ending with any fiscal quarter of the Borrower during any period set forth below to be less than the ratio set forth below opposite such fiscal quarterperiod: Closing Date through November 30, 2009 3.00:1.00 December 1, 2009 through November 30, Period Coverage Ratio First Quarter 2010 3.50:1.00 December 1, 2.00 to 1.00 Second Quarter 2010 2.25 to 1.00 Third Quarter 2010 2.30 to 1.00 Fourth Quarter 2010 2.35 to 1.00 First Quarter 2011 2.55 to 1.00 Period Coverage Ratio Second Quarter 2011 2.55 to 1.00 Third and Fourth Quarters 2011 2.55 to 1.00 Fiscal Year 2012 and thereafter 4.00:1.002.75 to 1.00

Consolidated Interest Coverage Ratio. Permit the The Consolidated Interest Coverage Ratio as of the end of shall not at any fiscal quarter of the Borrower to time during any period set forth below be less than the ratio set forth below opposite such fiscal quarterperiod below: Closing Period Ratio --------------------------------------------- ------------ Effective Date through November and including March 30, 2009 3.00:1.00 December 12003 1.50 to 1.00 March 31, 2009 2003 through November and including June 29, 2004 1.75 to 1.00 June 30, 2010 3.50:1.00 2004 through and including December 130, 2010 2004 2.00 to 1.00 December 31, 2004 and thereafter 4.00:1.002.25 to 1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as for any period of the end of any four consecutive fiscal quarter quarters of the Borrower ending on or about any date occurring during the periods set forth below to be less than the ratio set forth below opposite such fiscal quarterperiod: Closing Date through November Consolidated Interest Period Coverage Ratio June 30, 2009 3.00:1.00 December 1, 2009 through November 1998 - June 30, 2010 3.50:1.00 December 11999 1.75 to 1.00 September 30, 2010 and thereafter 4.00:1.001999 - June 30, 2001 2.00 to 1.00 September 30, 2001 - June 30, 2002 2.25 to 1.00 September 30, 2002 - September 30, 2004 2.50 to 1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio (i) as of the end of any fiscal quarter Fiscal Quarter of the Borrower ending after the Release Date to be less than 2:75:1 and (ii) as of the end of any Fiscal Quarter of the Borrower ending prior to the Release Date to be less than the ratio set forth below opposite such fiscal quarterFiscal Quarter: Minimum Consolidated Four Fiscal Quarters Ending Interest Coverage Ratio ---------------------------------------------------------------------------- Closing Date through November September 30, 2009 3.00:1.00 2007 1.8:1.0 December 131, 2009 through November 30, 2010 3.50:1.00 December 1, 2010 2007 and thereafter 4.00:1.00each Fiscal Quarter 2.0:1.0 thereafter

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as for any period of four consecutive fiscal quarters of the end of Company ending with any fiscal quarter of the Borrower set forth below to be less than the ratio set forth below opposite such fiscal quarter: Closing Date through November March 31, 2020 2.75 to 1.00 June 30, 2009 3.00:1.00 December 1, 2009 through November 2020 2.00 to 1.00 September 30, 2010 3.50:1.00 2020 1.50 to 1.00 December 131, 2010 2020 1.50 to 1.00 March 31, 2021 1.50 to 1.00 June 30, 2021 and each fiscal quarter ending thereafter 4.00:1.002.75 to 1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as one accounting period, ended on the last day of the end of any a fiscal quarter of the Borrower described below to be less than the ratio amount set forth below opposite such fiscal quarterquarter below: Closing Date Fiscal Quarter Ended in, or Closest to Ratio -------------------- ----- June 2000 through November 30, 2009 December 2000 3.00:1.00 March 2001 through December 1, 2009 2001 3.25:1.00 March 2002 through November 30, 2010 December 2002 3.50:1.00 March 2003 through December 1, 2010 2003 3.75:1.00 March 2004 and thereafter 4.00:1.003.75:1.00

Consolidated Interest Coverage Ratio. Permit as of the end of each Four-Quarter Period set forth below the Consolidated Interest Coverage Ratio as of the end of any fiscal quarter of the Borrower to be less than the ratio that set forth below opposite each such fiscal quarterperiod: Closing Date through November 30Consolidated Interest "Four-Quarter Period Ending Coverage Ratio Must Exceed --------------------------- -------------------------- June 29, 2009 3.00:1.00 2003 2.30 to 1.00 September 28, 2003 2.00 to 1.00 December 128, 2009 through November 30, 2010 3.50:1.00 December 1, 2010 and thereafter 4.00:1.002003 1.95 to 1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio determined as of the end last day of any fiscal quarter of the Borrower ending during any period set forth below to be less than the ratio set forth below opposite such fiscal quarterperiod: Closing Date Consolidated Period Interest Coverage Ratio ------ ----------------------- through November 30, 2009 3.00:1.00 December 1, 2009 through November 30, 2010 3.50:1.00 December 1, 2010 12/31/02 1.50 to 1.0 01/01/03 - 12/31/03 1.75 to 1.0 01/01/04 and thereafter 4.00:1.002.00 to 1.0

Consolidated Interest Coverage Ratio. Permit the The Consolidated ------------------------------------ Interest Coverage Ratio as of the end of shall not at any fiscal quarter of the Borrower to time during any period set forth below be less than the ratio set forth below opposite such fiscal quarterperiod below: Closing Period Ratio ------------------------------------- ------------ Effective Date through November and including March 30, 2009 3.00:1.00 December 12003 1.50 to 1.00 March 31, 2009 2003 through November and including June 29, 2004 1.75 to 1.00 June 30, 2010 3.50:1.00 2004 through and including December 130, 2010 2004 2.00 to 1.00 December 31, 2004 and thereafter 4.00:1.002.25 to 1.00

Consolidated Interest Coverage Ratio. Permit the The Consolidated Interest Coverage Ratio Ratio, as of the end of any each fiscal quarter of the Borrower to be less than the ratio set forth below opposite for the twelve month period ending on such fiscal quarter: Closing Date through November date, shall be greater than or equal to: (i) On June 30, 2009 3.00:1.00 December 12001, 2009 through November 2.00 to 1.0; (ii) On September 30, 2010 3.50:1.00 2001, 2.25 to 1.0; (iii) On December 131, 2010 2001, 2.50 to 1.0; (iv) On March 31, 2002, 2.75 to 1.0; and (v) On June 30, 2002 and thereafter 4.00:1.00on the last day of each fiscal quarter of the Borrower thereafter, 3.00 to

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as for any period of four consecutive fiscal quarters of the end of Borrower ending with any fiscal quarter of the Borrower during any period set forth below to be less than the ratio set forth below opposite such fiscal quarterperiod: Closing Date through November 30, 2009 3.00:1.00 December 1, 2009 through November 30, 2010 3.50:1.00 December 1, 2010 Consolidated Interest Period Coverage Ratio ------ -------------- Fiscal year 2000 2.15 to 1.00 Fiscal year 2001 2.50 to 1.00 Fiscal year 2002 3.00 to 1.00 Fiscal year 2003 3.50 to 1.00 Fiscal year 2004 and thereafter 4.00:1.004.00 to 1.00.

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as of the end of any fiscal quarter of the Borrower to be less than the ratio set forth indicated below opposite such fiscal quarterat any time during the period indicated: Closing Date through November 30, 2009 3.00:1.00 December 1, 2009 first fiscal quarter 1999 1.75 to 1.00 Second fiscal quarter 1999 through November 30, 2010 3.50:1.00 December 1, 2010 and thereafter 4.00:1.00third fiscal quarter 1999 1.50 to 1.00 Fourth fiscal quarter 1999 through third fiscal quarter 2000 1.75 to 1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as at any time during the most recent four fiscal quarters ending on the last day of the end of any a fiscal quarter of the Borrower set forth below to be less than the ratio set forth below opposite such fiscal quarterperiod below: Closing Date through November Period Ratio ------ ----- December 31, 2002 2.50 to 1.0 March 31, 2003 3.00 to 1.0 June 30, 2009 3.00:1.00 December 1, 2009 through November 2003 3.00 to 1.0 September 30, 2010 3.50:1.00 2003 3.00 to 1.0 December 131, 2010 2003 3.00 to 1.0 March 31, 2004 and thereafter 4.00:1.003.25 to 1.0

Consolidated Interest Coverage Ratio. Permit as of the end of ------------------------------------ each Four-Quarter Period set forth below the Consolidated Interest Coverage Ratio as of the end of any fiscal quarter of the Borrower to be less than the ratio that set forth below opposite each such fiscal quarterperiod: Closing Date through November Consolidated Interest Four-Quarter Period Ending Coverage Ratio Must Exceed -------------------------- -------------------------- September 30, 2009 3.00:1.00 2001 0.96 to 1.00 December 1, 2009 through November 30, 2010 3.50:1.00 2001 0.73 to 1.00 March 31, 2002 0.71 to 1.00 June 30, 2002 1.15 to 1.00 September 29, 2002 1.34 to 1.00 December 129, 2010 and thereafter 4.00:1.002002 1.74 to 1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as for any period of four consecutive fiscal quarters of the end of Borrower ending with any fiscal quarter of the Borrower set forth below to be less than the ratio set forth below opposite such fiscal quarter: Closing Date through November June 30, 2009 3.00:1.00 December 1, 2009 2003 through November and including the fiscal quarter ended June 30, 2010 3.50:1.00 2004 2.00 to 1.0 September 30, 2004 1.75 to 1.0 December 131, 2010 and thereafter 4.00:1.002004 1.75 to 1.0 March 31, 2005 1.50 to 1.0 June 30, 2005 1.50 to 1.0 September 30, 2005 1.50 to 1.0 December 31, 2005 1.50 to 1.0 March 31, 2006 1.50 to 1.0 June 30, 2006 1.50 to 1.0

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio determined as of the end last day of any fiscal quarter of the Borrower ending during any period set forth below to be less than the ratio set forth below opposite such fiscal quarterperiod: Closing Date Period Consolidated Interest Coverage Ratio ------ ------------------------------------ through November 30, 2009 3.00:1.00 December 1, 2009 through November 30, 2010 3.50:1.00 December 1, 2010 06/30/01 1.50 to 1.0 07/01/01 - 12/31/02 1.75 to 1.0 01/01/03 and thereafter 4.00:1.002.00 to 1.0

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as for any period of four consecutive fiscal quarters of the end of Borrower ending with any fiscal quarter of the Borrower set forth below to be less than the ratio set forth below opposite such fiscal quarter: Closing Date through November 30, 2009 3.00:1.00 December 1, 2009 through November 30, 2010 3.50:1.00 December 1, 2010 Consolidated Fiscal Quarter Leverage Ratio -------------- -------------- FQ4 2003 1.75:1.00 FQ1 2004 1.75:1.00 FQ2 2004 1.75:1.00 FQ3 2004 2.00:1.00 FQ4 2004 2.00:1.00 FQ1 2005 2.00:1.00 FQ2 2005 and thereafter 4.00:1.002.25:1.00 thereafter

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as one accounting period, ended on the last day of the end of any a fiscal quarter of the Borrower described below to be less than the ratio amount set forth below opposite such fiscal quarterquarter below: Closing Date Fiscal Quarter Ended in, or Closest to Ratio ------------------------- ----- September 2001 2.85:1.00 December 2001 2.35:1.00 March 2002 through November 30, 2009 3.00:1.00 December 1, 2009 through November 30, 2010 3.50:1.00 December 1, 2010 and thereafter 4.00:1.00June 2002 2.00:1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as of the end of any fiscal quarter of the Borrower ending during any period set forth below to be less than the ratio set forth below opposite such fiscal quarterperiod: Closing Date through November 30February 28, 2009 3.00:1.00 December 2011 4.50:1.00 March 1, 2009 through November 30, 2010 3.50:1.00 December 1, 2010 2011 and thereafter 4.00:1.005.00:1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio for any period of four consecutive fiscal quarters, in each case taken as of the end of one accounting period, ended during any fiscal quarter of the Borrower period set forth below to be less than the ratio amount set forth below opposite such fiscal quarterperiod below: Closing Date through November Period Ratio ------ ----- December 31, 1999 to June 29, 2001 1.75:1.00 June 30, 2009 3.00:1.00 December 12001 to June 28, 2009 through November 302002 2.25:1.00 June 29, 2010 3.50:1.00 December 12002 to June 27, 2010 2003 2.75:1.00 June 28, 2003 and thereafter 4.00:1.003.00:1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as for any period of the end of four consecutive fiscal quarters ending in any fiscal quarter of the Borrower period set forth below to be less than the ratio set forth below opposite for such fiscal period, tested at the end of such quarter: Closing Date July 1, 2002 through November September 30, 2009 3.00:1.00 December 2002 2.25 to 1.00 October 1, 2009 2002 through November 30December 31, 2010 3.50:1.00 December 2002 1.70 to 1.00 January 1, 2010 2003 through March 31, 2006 2.25 to 1.00 Thereafter 2.50 to 1.00” (j) Section 6.15 of the Credit Agreement is hereby amended and thereafter 4.00:1.00restated in its entirety to read as follows:

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as for any period of the end of any four consecutive fiscal quarter quarters of the Borrower ending with the last day of any period set forth below to be less than the ratio set forth below opposite such fiscal quarterperiod: Closing Date through November 30, 2009 3.00:1.00 December 1, 2009 through November 30, 2010 3.50:1.00 December 1, 2010 1/1/07 - 3/31/07 1.45x 4/1/07 - 6/30/07 1.45x 7/1/07 - 9/30/07 1.45x 10/1/07 - 12/31/07 1.45x 1/1/08 - 3/31/08 1.45x 4/1/08 and thereafter 4.00:1.001.45x

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as for any period of four consecutive fiscal quarters of the end of Borrower ending with any fiscal quarter of the Borrower during any period set forth below to be less than the ratio set forth below opposite such period: Consolidated Interest Period Coverage Ratio ------ -------------- Fiscal quarter ending 12/31/98 to fiscal quarter: Closing Date through November 30, 2009 3.00:1.00 December 1, 2009 through November 30, 2010 3.50:1.00 December 1, 2010 quarter ending 12/31/99 2.00 to 1.00 Fiscal year 2000 2.15 to 1.00 Fiscal year 2001 2.50 to 1.00 Fiscal year 2002 3.00 to 1.00 Fiscal year 2003 3.50 to 1.00 Fiscal year 2004 and thereafter 4.00:1.004.00 to 1.00.

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as of the end of any fiscal quarter of the Borrower Company to be less than the ratio set forth below opposite such fiscal quarter: Minimum Consolidated Interest Four Fiscal Quarters Ending Coverage Ratio --------------------------- -------------- Closing Date through November September 30, 2007 2.00 to 1.00 October 1, 2007 through September 30, 2008 2.25 to 1.00 October 1, 2008 through September 30, 2009 3.00:1.00 December 2.50 to 1.00 October 1, 2009 through November 30, 2010 3.50:1.00 December 1, 2010 and thereafter 4.00:1.00until the Term B Maturity Date 3.00 to 1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as for any period of the end of any four consecutive fiscal quarter quarters of the Borrower ending during any period set forth below to be less than the ratio set forth below opposite for such fiscal quarterperiod: Closing Date through November 30, 2009 3.00:1.00 December Period Ratio April 1, 2009 through November 302000 - March 31, 2010 3.50:1.00 December 2001 2.10 to 1.00 April 1, 2010 and thereafter 4.00:1.002001 - March 31, 2002 2.25 to 1.00 April 1, 2002 - March 31, 2003 2.35 to 1.00 April 1, 2003 - March 31, 2005 2.50 to 1.00 Thereafter 2.75 to 1.00

Consolidated Interest Coverage Ratio. Permit Permit, for any period of four consecutive fiscal quarters of Parent ending during any period set forth below, the Consolidated Interest Coverage Ratio as at the last day of the end of any such four fiscal quarter of the Borrower period to be less than the ratio set forth below opposite such fiscal quarterperiod: Period Ratio ------ ----- Closing Date through November - September 30, 2009 3.00:1.00 December 2004 2.15 to 1.00 October 1, 2009 through November 2004 - September 30, 2010 3.50:1.00 December 2005 2.25 to 1.00 October 1, 2010 and thereafter 4.00:1.002005 - September 30, 2006 2.50 to 1.00 October 1, 2006 - September 30, 2007 2.75 to 1.00 October 1, 2007 - Thereafter 3.00 to 1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as of the end of any fiscal quarter of the Borrower to be less than the ratio set forth below opposite such fiscal quarterperiod: Closing Date December 31, 2015 3.00 to 1.00 March 31, 2016 through November and including September 30, 2009 3.00:1.00 2016 2.50 to 1.00 December 131, 2009 2016 through November and including March 31, 2017 2.75 to 1.00 June 30, 2010 3.50:1.00 December 1, 2010 2017 and each fiscal quarter thereafter 4.00:1.003.00 to 1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as for any period of four consecutive fiscal quarters of the end Borrower (or, if less, the number of full fiscal quarters subsequent to the Closing Date) ending with any fiscal quarter of the Borrower set forth below to be less than the ratio set forth below opposite such fiscal quarter: Closing Date through November 30, 2009 3.00:1.00 Through December 1, 2009 through November 3031, 2010 3.50:1.00 1.75 to 1.00 March 31, 2011 through December 131, 2010 2011 1.80 to 1.00 March 31, 2012 through December 31, 2012 1.85 to 1.00 March 31, 2013 and thereafter 4.00:1.002.00 to 1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as at the last day of any period of four consecutive fiscal quarters of the end of Borrower ending with any fiscal quarter of the Borrower set forth below to be less than the ratio set forth below opposite such fiscal quarter: Closing Date through November Consolidated Interest Fiscal Quarter Coverage Ratio September 30, 2009 3.00:1.00 2001 0.54 to 1.00 December 131, 2009 through November 2001 0.67 to 1.00 March 31, 2002 1.02 to 1.00 June 30, 2010 3.50:1.00 2002 1.68 to 1.00 September 30, 2002 2.29 to 1.00 December 131, 2010 and 2002 2.64 to 1.00 Each quarter thereafter 4.00:1.003.00 to 1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as for any period of the end of any four consecutive fiscal quarter quarters of the Borrower ending during any period set forth below to be less than the ratio set forth below opposite such fiscal quarterperiod: Closing Date through November 30, 2009 3.00:1.00 December 1, 2009 through November 30, 2010 3.50:1.00 December 1, 2010 Fiscal Quarter Consolidated -------------- ------------ Interest Coverage Ratio ----------------------- 12/31/04 - 12/31/07 3.00 to 1.00 01/01/08 - 12/31/09 3.25 to 1.00 01/01/10 and thereafter 4.00:1.003.50 to 1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as of at the end of any fiscal quarter of the Borrower ending during any period listed below to be less than the ratio set forth below opposite such fiscal quarterperiod: Closing Consolidated Interest --------------------- Period Coverage Ratio ------ -------------- Effective Date through November to December 31, 1997 1.50 to 1 January 1, 1998 to December 30, 2009 3.00:1.00 1998 1.75 to 1 December 131, 2009 through November 1998 to June 29, 1999 2.00 to 1 June 30, 2010 3.50:1.00 1999 to December 130, 2010 1999 2.25 to 1 December 31, 1999 to December 30, 2000 2.50 to 1 December 31, 2000 and thereafter 4.00:1.002.75 to 1

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as for any period of the end of four consecutive fiscal quarters ending in any fiscal quarter of the Borrower period set forth below to be less than the ratio set forth below opposite for such fiscal period, tested at the end of such quarter: Closing Date through November 30, 2009 3.00:1.00 December Period Ratio ------ ----- April 1, 2009 2002 through November 30March 31, 2010 3.50:1.00 December 1, 2010 and thereafter 4.00:1.002006 2.25 to 1.00 Thereafter 2.50 to 1.00

Consolidated Interest Coverage Ratio. Permit the Consolidated ------------------------------------ Interest Coverage Ratio as for any period of the end four consecutive fiscal quarters of Details ending during any fiscal quarter of the Borrower period set forth below to be less than the ratio set forth below opposite such fiscal quarterperiod: Consolidated Interest Period Coverage Ratio ------ ---------------------- Closing Date through November September 29, 1999 1.75 to 1.0 September 30, 2009 3.00:1.00 December 11999 through September 29, 2009 through November 2000 1.85 to 1.0 September 30, 2010 3.50:1.00 December 12000 through September 29, 2010 and 2001 2.25 to 1.0 September 30, 2001 through September 29, 2002 2.50 to 1.0 September 30, 2002 through September 29, 2003 2.75 to 1.0 September 30, 2003 through thereafter 4.00:1.003.00 to 1.0

Consolidated Interest Coverage Ratio. Permit The Borrower will not permit the Consolidated Interest Coverage Ratio as of the end of for any fiscal four-fiscal-quarter of the Borrower period ending during any period set forth below to be less than the ratio set forth below opposite such fiscal quarterperiod: Closing Date Period Ratio ------ ----- December 31, 2001 through November December 30, 2009 3.00:1.00 2002 1.80 December 131, 2009 2002 through November March 28, 2003 1.70 March 29, 2003 through December 30, 2010 3.50:1.00 2003 2.10 December 131, 2010 2003 and thereafter 4.00:1.002.50"

Consolidated Interest Coverage Ratio. Permit the Consolidated Interest Coverage Ratio as for any period of four consecutive fiscal quarters of the end of Borrower ending with any fiscal quarter of the Borrower during any period set forth below to be less than the ratio set forth below opposite such fiscal quarterperiod: Closing Date through November 30, Consolidated Period Interest Ratio ------ -------------- Fourth Quarter 2003 1.95 to 1.00 Fiscal Year 2004 2.00 to 1.00 Fiscal Year 2005 2.00 to 1.00 Fiscal Year 2006 2.10 to 1.00 Fiscal Year 2007 2.20 to 1.00 Fiscal Year 2008 2.35 to 1.00 Fiscal Year 2009 3.00:1.00 December 1, 2009 through November 30, 2.50 to 1.00 Fiscal Year 2010 3.50:1.00 December 1, 2010 and thereafter 4.00:1.002.75 to 1.00 Consolidated Period Interest Ratio