Common use of Cumulative EBITDA Clause in Contracts

Cumulative EBITDA. The Company will not, determined as of the last day of each fiscal month of the Company, permit the Consolidated EBITDA for the period of 12 consecutive months then ending (provided, however, that with respect to each month ended on or before December 31, 2003, such trailing period will be limited to year-to-date 2003) to be less than the amount specified opposite such month below: For Fiscal Month: Minimum EBITDA ----------------- -------------- March 2003 $ 20,000 April 2003 $ 215,000 May 2003 $ 550,000 June 2003 $1,115,000 July 2003 $1,575,000 August 2003 $2,235,000 September 2003 $2,955,000 October 2003 $3,570,000 November 2003 $4,120,000 December 2003 $4,345,000 January 2004 $4,350,000 February 2004 $4,420,000 March 2004 $4,580,000 April 2004 $4,750,000 May 2004 $4,940,000 June 2004 $5,185,000 July 2004 $5,430,000 August 2004 $5,715,000 September 2004 $6,050,000 October 2004 $6,345,000 November 2004 $6,625,000 December 2004 $6,850,000 For all fiscal months thereafter $6,850,000"

Cumulative EBITDA. The Company will not, determined as of the last day of each fiscal month of the Company, permit the Consolidated EBITDA for the period of 12 consecutive months then ending (providedPROVIDED, howeverHOWEVER, that with respect to each month ended on or before December 31, 20032002, such trailing period will be limited to year-to-date 20032002) to be less than the amount specified opposite such month below: For Fiscal MonthFOR FISCAL MONTH: Minimum MINIMUM EBITDA ----------------- -------------- March 2002 $50,000 April 2002 $170,000 May 2002 $385,000 June 2002 $960,000 July 2002 $1,350,000 August 2002 $1,955,000 September 2002 $2,785,000 October 2002 $3,445,000 November 2002 $3,840,000 December 2002 $4,345,000 January 2003 $4,540,000 February 2003 $4,875,000 March 2003 $ 20,000 $5,450,000 April 2003 $ 215,000 $5,800,000 May 2003 $ 550,000 $6,150,000 June 2003 $1,115,000 6,635,000 July 2003 $1,575,000 6,995,000 August 2003 $2,235,000 7,375,000 September 2003 $2,955,000 7,805,000 October 2003 $3,570,000 8,165,000 November 2003 $4,120,000 8,450,000 December 2003 $4,345,000 January 2004 $4,350,000 February 2004 $4,420,000 March 2004 $4,580,000 April 2004 $4,750,000 May 2004 $4,940,000 June 2004 $5,185,000 July 2004 $5,430,000 August 2004 $5,715,000 September 2004 $6,050,000 October 2004 $6,345,000 November 2004 $6,625,000 December 2004 $6,850,000 8,750,000 For all fiscal months thereafter $6,850,0008,750,000"