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 to exceed the following ratios at any time during the following respective periods: Period Ratio ------ ----- From the Restatement Date through December 30, 2002 5.00 to 1 From December 31, 2002 up to the Applicable Date 5.00 to 1 From the Applicable Date through June 29, 2003 4.00 to 1 From June 30, 2003 through September 29, 2003 5.00 to 1 Amendment No. 3 --------------- From September 30, 2003 through December 30, 2003 3.75 to 1 From December 31, 2003 through March 30, 2004 3.50 to 1 From March 31, 2004 and at all times thereafter 3.25 to 1

Debt to Adjusted EBITDA Ratio. The Company will not ----------------------------- permit the Debt to Adjusted EBITDA Ratio to exceed the following ratios at any time during the following respective periods: Period Ratio ------ ----- From the Restatement Date through December 30, 2002 5.00 to 1 From December 31, 2002 up to the Applicable Date 5.00 to 1 From the Applicable Date through June 29, 2003 4.00 to 1 From June 30, 2003 through September 29October 8, 2003 5.00 to 1 Amendment No. 3 4 --------------- From September 30October 9, 2003 through December 30, 2003 3.75 to 1 From December 31, 2003 through March 30, 2004 3.50 to 1 From March 31, 2004 and at all times thereafter 3.25 to 1

Debt to Adjusted EBITDA Ratio. The Company will not ----------------------------- permit the Debt to Adjusted EBITDA Ratio to exceed the following respective ratios at any time during the following respective periods: Period Ratio ------ ----- From the Restatement Date through December 30, 2002 5.00 to 1 From December 31, 2002 up to the Applicable Date 5.00 through March 30, 2003 4.50 to 1 From the Applicable Date March 31, 2003 through June 29, 2003 4.00 4.25 to 1 From June 30, 2003 through September 29, 2003 5.00 4.00 to 1 Amendment No. 3 --------------- From September 30, 2003 through December 30, 2003 3.75 to 1 From December 31, 2003 through March 30, 2004 3.50 to 1 From March 31, 2004 and at all times thereafter 3.25 to 1