Common use of Debt to Adjusted EBITDA Ratio Clause in Contracts

Debt to Adjusted EBITDA Ratio. The Company will not permit the Debt to Adjusted EBITDA Ratio, as of the end of any fiscal quarter, to be greater than 3.50 to 1.00; provided that, upon notice by the Obligors to the holders of Notes, as of the last day of the fiscal quarter in which a Qualified Acquisition is consummated and the last day of each of the four consecutive fiscal quarters ending immediately after such initial fiscal quarter in which such Qualified Acquisition was consummated, such ratio may be greater than 3.50 to 1.00, but in no event greater than 4.00 to 1.00 (any such period, a “Temporary Increase Period”); provided further, that no Temporary Increase Period shall be available during the two (2) consecutive fiscal quarters occurring immediately after any Temporary Increase Period shall have concluded. If the Debt to Adjusted EBITDA Ratio exceeds 3.50 to 1.00 as permitted pursuant to the first proviso in the foregoing sentence, the Company shall pay the additional interest provided for in Section 1.2.

Debt to Adjusted EBITDA Ratio. The Company will not permit the Debt to Adjusted EBITDA Ratio, as of the end of any fiscal quarter, to be greater than 3.50 to 1.00; provided that, upon notice by the Obligors 12660262v2 to the holders of Notes, as of the last day of the fiscal quarter in which a Qualified Acquisition is consummated and the last day of each of the four consecutive fiscal quarters ending immediately after such initial fiscal quarter in which such Qualified Acquisition was consummated, such ratio may be greater than 3.50 to 1.00, but in no event greater than 4.00 to 1.00 (any such period, a “Temporary Increase Period”); provided further, that no Temporary Increase Period shall be available during the two (2) consecutive fiscal quarters occurring immediately after any Temporary Increase Period shall have concluded. If the Debt to Adjusted EBITDA Ratio exceeds 3.50 to 1.00 as permitted pursuant to the first proviso in the foregoing sentence, the Company shall pay the additional interest provided for in Section 1.2.