Common use of EBITDA Clause in Contracts

EBITDA. As of the last day of each of Borrower’s fiscal quarters, Borrower shall have EBITDA for the six-month period ending on the last day of such quarter of at least (i) Fifteen Million Dollars ($15,000,000.00) for the quarter ending April 30, 2009, (ii) Seven Million Five Hundred Thousand Dollars ($7,500,000.00) for the quarter ending July 31, 2009, and (iii) Fifteen Million Dollars ($15,000,000.00) for the quarter ending October 31, 2009 and as of the last day of each quarter thereafter.” 4 The Loan Agreement shall be amended by deleting the following, appearing as Section 7.7 thereof:

EBITDA. As of the last day of each of Borrower’s fiscal quarters, Borrower shall have EBITDA for the six-month period ending on the last day of such quarter of at least (i) Fifteen Million Dollars ($15,000,000.00) for the quarter ending April 30, 2009, (ii) Seven Million Five Hundred Thousand Dollars ($7,500,000.00) for the quarter ending July 31, 2009, and (iii) Fifteen Million Dollars ($15,000,000.00) for the quarter ending October 31, 2009 2009, and (iv) Twenty Million Dollars ($20,000,000.00) for the quarter ending on January 31, 2010 and as of the last day of each quarter thereafter.” 4 The Loan Agreement shall be amended by deleting and inserting in lieu thereof the following, appearing as Section 7.7 thereof:

EBITDA. As of the last day of each of Borrower’s fiscal quarters, Borrower shall have EBITDA for the six-month period ending on the last day of such quarter of at least (i) Fifteen Million Dollars ($15,000,000.00) for the quarter ending April 30, 2009, (ii) Seven Million Five Hundred Thousand Dollars ($7,500,000.00) for the quarter ending July 31, 2009, and (iii) Fifteen Million Dollars ($15,000,000.00) for the quarter ending October 31, 2009 2009, and (iv) Twenty Million Dollars ($20,000,000.00) for the quarter ending on January 31, 2010 and as of the last day of each quarter thereafter.” 4 10 The Loan Agreement shall be amended by deleting inserting the followingfollowing new Section 6.12, appearing as immediately after Section 7.7 6.11 thereof:

EBITDA. As of the last day of each of Borrower’s fiscal quarters, commencing with the fiscal quarter ended October 31, 2007, Borrower shall have EBITDA for the six-month period ending on the last day of such quarter of at least (i) Fifteen Five Million Dollars ($15,000,000.005,000,000.00) for the quarter ending quarters ended October 31, 2007, January 31, 2008, April 30, 20092008 and July 31, 2008, (ii) Seven Twenty Million Five Hundred Thousand Dollars ($7,500,000.0020,000,000.00) for the quarter quarters ending July October 31, 2008, January 31, 2009 and April 30, 2009, and (iii) Fifteen Twenty-Five Million Dollars ($15,000,000.0025,000,000.00) for the quarter ending October on July 31, 2009 and as of the last day of each quarter thereafter.” 4 The Loan Agreement shall be amended by deleting and inserting in lieu thereof the following, appearing as Section 7.7 thereof:

EBITDA. As of the last day of each of Borrower’s fiscal quarters, commencing with the fiscal quarter ended October 31, 2007, Borrower shall have EBITDA for the six-month period ending on the last day of such quarter of at least (i) Fifteen Five Million Dollars ($15,000,000.005,000,000.00) for the quarter ending quarters ended October 31, 2007, January 31, 2008, April 30, 20092008 and July 31, 2008, (ii) Seven Twenty Million Five Hundred Thousand Dollars ($7,500,000.0020,000,000.00) for the quarter quarters ending July October 31, 2008, January 31, 2009 and April 30, 2009, and (iii) Fifteen Twenty-Five Million Dollars ($15,000,000.0025,000,000.00) for the quarter ending October on July 31, 2009 and as of the last day of each quarter thereafter.” 4 5 The Loan Agreement shall be amended by deleting inserting the following, following new definition appearing as alphabetically in Section 7.7 13.1 thereof: