Common use of Fixed Charge Coverage Ratio Clause in Contracts

Fixed Charge Coverage Ratio. Permit or suffer the Fixed Charge Coverage Ratio determined as of the end of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Permit or suffer Commencing with the Fixed Charge Coverage Ratio determined fiscal quarter ending March 31, 2018, maintain as of the end of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period Company a Fixed Charge Coverage Ratio of four fiscal quarters then ended, to be not less than (i) 1.45 1.25 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter1.0. 11.

Fixed Charge Coverage Ratio. Permit or suffer the Fixed Charge Coverage Ratio determined for any period of four consecutive fiscal quarters, in each case taken as of the end of each fiscal quarter of the Company, one accounting period (commencing with the fiscal quarter ending September 30as of December 31, 1997, for the period of four fiscal quarters then ended2003), to be less than (i) 1.45 1.85 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter1.0.

Fixed Charge Coverage Ratio. Permit or suffer Beginning with the quarter ended September 30, 2008, the Fixed Charge Coverage Ratio determined Ratio, for the four consecutive fiscal quarter period ending as of the end of each fiscal quarter of the Companyend, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, shall be greater than or equal to be less than (i) 1.45 1.15 to 1.0 as of the end of any for each fiscal quarter of during the Company ending on or before March 31, 1998 or fiscal year 2009 and (ii) 1.60 1.20 to 1.0 as of the end of any for each fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Permit or suffer Maintain as of the end of each fiscal quarter, commencing with the fiscal quarter ending December 31, 2018, a Fixed Charge Coverage Ratio determined of not less than (i) 1.10 to 1.00 for the fiscal quarters ending December 31, 2018 and ▇▇▇▇▇ ▇▇, ▇▇▇▇, (▇▇) 1.15 to 1.00 for the fiscal quarters ending July 14, 2019 and October 6, 2019, and (iii) 1.20 to 1.00 for the fiscal quarter ending December 29, 2019 and as of the end of each fiscal quarter of the Companythereafter, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, to be less than in each case on a trailing twelve (i12) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereaftermonth basis.

Fixed Charge Coverage Ratio. Permit or suffer the The Fixed Charge Coverage Ratio determined Ratio, as of the end of each fiscal quarter of the Companyquarter, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, to shall be less greater than or equal to: (i) 1.45 From the Effective Date to 1.0 as of the end of any fiscal quarter of the Company ending on or before March and including August 31, 1998 or 1998, 1.10 to 1.0; and (ii) 1.60 From September 1, 1998 and thereafter, 1.20 to 1.0 as of the end of any fiscal quarter thereafter1.0.

Fixed Charge Coverage Ratio. Permit or suffer Permit, for the four consecutive fiscal quarters ending June 30, 1997 and for each period of four consecutive fiscal quarters ending thereafter, the Consolidated Fixed Charge Coverage Ratio determined as of the Borrower and its Subsidiaries, calculated at the end of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then endedBorrower, to be less than (i) 1.45 1.25 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter1.00.

Fixed Charge Coverage Ratio. Permit or suffer the The Fixed Charge Coverage Ratio determined Ratio, as of the end last day of each fiscal quarter of the CompanyConsolidated Parties, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, to shall be less than (i) 1.45 to 1.0 as of the end of any for fiscal quarter of the Company quarters ending on or before March 31September 30, 1998 2005, greater than or equal to 1.40 to 1.0; and (ii) 1.60 for fiscal quarters ending thereafter, greater than or equal to 1.0 as of the end of any fiscal quarter thereafter1.50 to 1.0.

Fixed Charge Coverage Ratio. Permit or suffer the The Fixed Charge Coverage Ratio determined as of Borrower and the Included Subsidiaries on a consolidated basis for the twelve Fiscal Month period ending at the end of each fiscal quarter of the Company, Fiscal Quarter commencing with the fiscal quarter Fiscal Quarter ending September 30December 31, 1997, for the period of four fiscal quarters then ended, to 2021 shall not be less than (i) 1.45 1.25 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter1.00.

Fixed Charge Coverage Ratio. Permit or suffer the Fixed Charge Coverage Ratio determined as of the end of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, to be less than (ia) 1.45 1.50 to 1.0 as of 1.00 at the end of any fiscal quarter-end occurring during the period from and including the Effective Date through and including the fourth fiscal quarter of fiscal year 2009, (b) 1.75 to 1.00 at the Company ending on or before March 31end of any fiscal quarter-end occurring during the period from and including the first day of the first fiscal quarter of fiscal year 2010 through and including the second fiscal quarter of fiscal year 2010, 1998 or and (iic) 1.60 2.25 to 1.0 as of 1.00 at the end of any fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Permit or suffer Commencing as of the Fiscal Quarter ended December 31, 2008 and continuing as of each Fiscal Quarter end through Bank Facility Termination, the Borrower shall maintain a minimum Fixed Charge Coverage Ratio determined as of the end of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, no less than 1.25 to 1.00 to be less than calculated on a cumulative basis with respect to each Fiscal Quarter and the most recently ended three (i3) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending preceding Fiscal Quarters on or before March 31, 1998 or a rolling four (ii4) 1.60 to 1.0 as of the end of any fiscal quarter thereafterFiscal Quarter basis.

Fixed Charge Coverage Ratio. Permit or suffer the Fixed Charge Coverage Ratio determined Except as of the end of each fiscal quarter of the Companyotherwise set forth in this Section 6.15(b), commencing with the fiscal quarter ending September 30on or about December 28, 19972002 and at the end of each fiscal quarter thereafter, for the period of four fiscal quarters then ended, to Fixed Charge Coverage Ratio shall not be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter1.75:1.

Fixed Charge Coverage Ratio. Permit or suffer the Fixed Charge Coverage Ratio determined Maintain as of the end of each fiscal quarter of the Company, (commencing with the fiscal quarter ending September 30, 19972025), a Fixed Charge Coverage Ratio for Quantum and its Subsidiaries, on a consolidated basis, of not less than 1.00: 1.00 for the four (4) consecutive fiscal quarter period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Permit or suffer the The Fixed Charge Coverage Ratio determined Ratio, as of the end of each fiscal quarter of the Companyquarter, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, to shall be less greater than or equal to: (i) 1.45 From the Effective Date to 1.0 as of the end of any fiscal quarter of the Company ending on or before March and including August 31, 1998 or 1998, 1.10 to 1.0; and (ii) 1.60 From September 1, 1998 and thereafter, 1.20 to 1.0 as of the end of any fiscal quarter thereafter1.0.

Fixed Charge Coverage Ratio. Permit or suffer the The Fixed Charge Coverage Ratio determined Ratio, as of the end of each fiscal quarter of the CompanyBorrower for the twelve month period ending on such date, commencing with shall be greater than or equal to: (i) On the last day of each fiscal quarter ending of the Borrower from the Closing Date to and including September 30, 1997, for 2.0 to 1.0; and (ii) On December 31, 1997 and on the period last day of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any each fiscal quarter of the Company ending on or before March 31Borrower thereafter, 1998 or (ii) 1.60 2.25 to 1.0 as of the end of any fiscal quarter thereafter1.0.

Fixed Charge Coverage Ratio. Permit or suffer the Fixed Charge Coverage Ratio determined as of At the end of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 2014, a Fixed Charge Coverage Ratio of at least 1.50 to 1.0 as of the end of any fiscal quarter thereafter.1.0; and

Fixed Charge Coverage Ratio. Permit or suffer the Fixed Charge Coverage Ratio determined as of the end of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as As of the end of any fiscal quarter quarter, permit the Fixed Charge Coverage Ratio for the period of the Company four (4) consecutive fiscal quarters ending on such date, to be less than or before March 31, 1998 or (ii) 1.60 equal to 1.0 as of the end of any fiscal quarter thereafter2.50 to 1.0.

Fixed Charge Coverage Ratio. Permit or suffer the Maintain a Fixed Charge Coverage Ratio determined as (for the Loan Parties on a consolidated basis) of the end of each fiscal quarter of the Company, commencing with not less than 1.20 to 1.00 (i) for the fiscal quarter months ending on September 30, 19972023, for the period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March October 31, 1998 or 2023, and November 30, 2023, as calculated on a fiscal year-to-date basis, and (ii) 1.60 to 1.0 for the fiscal month ending on December 31, 2023 and each fiscal month thereafter, as of calculated for the end of any twelve consecutive fiscal quarter thereaftermonths then ended.

Fixed Charge Coverage Ratio. Permit or suffer on a consolidated basis the Fixed Charge Coverage Ratio determined as of the end of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, to be less than (i) 1.45 for the fiscal quarter ending on or about September 30, 2021, 1.75 to 1.0 as of 1.00, and (ii) for the fiscal quarter ending on or about December 31, 2021 and for each fiscal quarter thereafter, 2.00 to 1.00. This ratio will be calculated at the end of any fiscal quarter each reporting period, using the results of the Company twelve-month period ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafterwith that reporting period.

Fixed Charge Coverage Ratio. Permit or suffer the Maintain a Fixed Charge Coverage Ratio determined as of the end of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, Fiscal Quarter for the period of four fiscal quarters Test Period then ended, to be beginning with the Fiscal Quarter ending March 31, 2015 of not less than (i) 1.45 1.25 to 1.0 as of 1 prior to the end payment of any fiscal quarter of the Company ending on or before March 31, 1998 or dividend and (ii) 1.60 1.0 to 1.0 as of the end of 1 after giving effect to any fiscal quarter thereafterdividends.

Fixed Charge Coverage Ratio. Permit or suffer the Maintain a Fixed Charge Coverage Ratio determined as of not less than (a) 1.00 to 1.00 for the end of each fiscal quarter of the Companyfour (4) month period ending December 31, commencing with the fiscal quarter ending September 30, 19972000, for the seven (7) month period ending March 31, 2001 and for the twelve (12) month period ending June 30, 2001 and (b) thereafter, 1.10 to 1.00 for each rolling period of four (4) consecutive fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafterquarters.

Fixed Charge Coverage Ratio. Permit or suffer Commencing with the Fixed Charge Coverage Ratio determined fiscal quarter ending September 30, 2018, maintain as of the end of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period Company a Fixed Charge Coverage Ratio of four fiscal quarters then ended, to be not less than (i) 1.45 1.25 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter1.0. 11.

Fixed Charge Coverage Ratio. Permit or suffer the Fixed Charge Coverage Ratio determined Maintain as of the end of each fiscal quarter, a Fixed Charge Coverage Ratio for Quantum and its Subsidiaries, on a consolidated basis, of not less than the ratio set forth below for each four (4) consecutive fiscal quarter of the Companyperiod then ended set forth below: Fiscal Quarter Ending Minimum Fixed Charge Coverage Ratio December 31, commencing with 2016 and each fiscal quarter ending thereafter through and including the fiscal quarter ending September 30, 19972017 1.50 to 1.00 December 31, for the period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any 2017 and each fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 thereafter 1.25 to 1.0 as of the end of any fiscal quarter thereafter.1.00

Fixed Charge Coverage Ratio. Permit or suffer the Fixed Charge Coverage Ratio determined as of the end of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, to be less than (ia) 1.45 1.50 to 1.0 as of 1.00 at the end of any fiscal quarter-end occurring during the period from and including the Third Amendment Closing Date through and including the fourth fiscal quarter of fiscal year 2009, (b) 1.75 to 1.00 at the Company ending on or before March 31end of any fiscal quarter-end occurring during the period from and including the first day of the first fiscal quarter of fiscal year 2010 through and including the second fiscal quarter of fiscal year 2010, 1998 or and (iic) 1.60 2.25 to 1.0 as of 1.00 at the end of any fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Permit or suffer the Fixed Charge Coverage Ratio determined as As of the end of each fiscal quarter quarter, there shall be maintained a Fixed Charge Coverage Ratio of the Companyat least: For fiscal quarters ending prior to May 31, commencing with 1996 1.5:1.0 From the fiscal quarter ending September 30May 31, 19971996 through the fiscal quarter ending February 28, for the period of four 1998 1.25:1.0 For fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31after February 28, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter.1.5:1.0

Fixed Charge Coverage Ratio. Permit or suffer the The Fixed Charge Coverage Ratio determined Ratio, calculated as of the end last day of each fiscal quarter of the Companyquarter, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, shall be greater than or equal to be less than (i) 1.45 1.20 to 1.0 as 1.00 from the Closing Date through and including the Second Quarter of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or 2013 and (ii) 1.60 1.30 to 1.0 as 1.00 from the Third Quarter of the end of any fiscal quarter 2013 and thereafter.

Fixed Charge Coverage Ratio. Permit or suffer Permit, for the four consecutive fiscal quarters ending March 31, 1998 and for each four consecutive fiscal quarters ending thereafter, the Consolidated Fixed Charge Coverage Ratio determined as of the Borrower and its Subsidiaries, calculated at the end of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then endedBorrower, to be less than (i) 1.45 for each such period, 4.75 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter1.00.

Fixed Charge Coverage Ratio. Permit or suffer Commencing with the fiscal --------------------------- quarter ending June 30, 2005, maintain a Fixed Charge Coverage Ratio determined as of at the end of each fiscal quarter of quarter, with respect to the Company, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, to be of not less than (i) 1.45 1.20 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter1.00.

Fixed Charge Coverage Ratio. Permit or suffer the Fixed Charge Coverage Ratio determined to be less than 1.10 to 1.00, measured as of (a) November 30, 2010, for the fiscal quarter then most recently ended; (b) February 28, 2011, for the two fiscal quarter period then most recently ended; (c) May 31, 2011, for the three fiscal quarter period then most recently ended; (d) August 31, 2011 and as of the end last day of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997thereafter, for the period of four fiscal quarters quarter period then most recently ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Permit or suffer Commencing with the Fixed Charge Coverage Ratio determined fiscal quarter ending July 31, 2012, cause to be maintained as of the end of each fiscal quarter quarter, a Fixed Charge Coverage Ratio of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, to be not less than (i) 1.45 .70 to 1.0 as of 1.00 for the end of any fiscal quarter of the Company ending on or before March July 31, 1998 or 2012 and (ii) 1.60 1.10 to 1.0 as of the for each quarter end of any fiscal thereafter, in each case measured on a rolling four (4) quarter thereafterbasis.

Fixed Charge Coverage Ratio. Permit or suffer the Maintain its Fixed Charge Coverage Ratio determined at not less than (a) 1.10 to 1.00 as of the end March 31, 2004 and June 30, 2004, and (b) 1.20 to 1.00 as of September 30, 2004 and at each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Permit or suffer the Fixed Charge Coverage Ratio determined Maintain as of the end of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, a Fixed Charge Coverage Ratio for the 12-month period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of ending at the end of any fiscal that quarter of the Company ending on or before not less than 1.10 to 1 at March 31, 1998 or (ii) 1.60 2006 and of not less than 1.20 to 1.0 as of the end of any fiscal quarter 1 at all times thereafter.

Fixed Charge Coverage Ratio. Permit or suffer the Maintain quarterly a Fixed Charge Coverage Ratio determined of not less than 1.25 to 1.00, measured as of the end of each fiscal quarter of the Company, follows: commencing with the fiscal quarter ending September June 30, 19972005, for the period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any each fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal a trailing four quarter thereafterbasis.

Fixed Charge Coverage Ratio. Permit or suffer Commencing with the Fixed Charge Coverage Ratio determined fiscal quarter ending July 31, 2010, cause to be maintained as of the end of each fiscal quarter, a Fixed Charge Coverage Ratio of not less than 1.10 to 1.0, measured on a rolling four (4) quarter basis, provided however that for the first 3 fiscal quarters following the Closing Date the Fixed Charge Coverage Ratio shall be measured from the first day of the Companyfiscal year commencing May 1, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, 2010 to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereaftersuch quarter.

Fixed Charge Coverage Ratio. Permit or suffer the The Fixed Charge Coverage Ratio determined Ratio, as of the end last day of each fiscal quarter of the CompanyBorrower, commencing with the shall be greater than or equal to: (i) for any fiscal quarter ending September 30, 1997, for in the period of four fiscal quarters then endedfrom the Closing Date to and including December 31, 2000, 1.00 to be less than 1.00; (iii) 1.45 to 1.0 as of the end of for any fiscal quarter of ending in the Company ending on or before March period from January 1, 2001 to and including December 31, 1998 or 2001, 1.10 to 1.00; and (iiiii) 1.60 to 1.0 as of the end of for any fiscal quarter ending in the period from January 1, 2002 and at all times thereafter, 1.20 to 1.00.

Fixed Charge Coverage Ratio. Permit or suffer the The Company and its Subsidiaries shall maintain at all times a Fixed Charge Coverage Ratio determined as Ratio, calculated on a trailing four quarters basis, of the end of each fiscal quarter of the Company, commencing with not less than: .935 to 1.0 for the fiscal quarter ending September 30, 19972001, 1.02 to 1.0 for the period of four fiscal quarter ending December 31, 2001 and 1.0625 to 1.0 for all fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Permit or suffer the The Fixed Charge Coverage Ratio determined Ratio, as of the end last day of each fiscal quarter of the CompanyBorrower occurring during the periods indicated below, commencing with shall be greater than or equal to the fiscal quarter ending following: Fiscal Quarter Ending Required Ratio September 30, 1997, for the period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 2005 through December 31, 1998 or (ii) 1.60 2007 1.10 to 1.0 as of the end of any fiscal quarter thereafter.1.00 Thereafter 1.25 to 1.00

Fixed Charge Coverage Ratio. Permit or suffer the Fixed Charge Coverage Ratio determined Maintain as of the end of each fiscal quarter of the Company, (commencing with the fiscal quarter ending September 30March 31September 30 , 19972025), a Fixed Charge Coverage Ratio for Quantum and its Subsidiaries, on a consolidated basis, of not less than 1.00: 1.00 for the four (4) consecutive fiscal quarter period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Permit or suffer As of the end of each Fiscal Quarter, commencing with the Fiscal Quarter ending September 30, 2020, the Fixed Charge Coverage Ratio determined as of the end of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, to shall not be less than (i) 1.45 1.20 to 1.0 as of the end of any fiscal 1.00. The Fixed Charge Coverage Ratio shall be measured quarterly on a rolling four quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafterbasis.

Fixed Charge Coverage Ratio. Permit or suffer the Fixed Charge Coverage Ratio determined as of the end of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, at any time to be less than (i) 1.45 to 1.0 as of 1.10:1.00 for the end of any four consecutive fiscal quarter of the Company quarters ending on or before March January 31, 1998 or (ii) 1.60 to 1.0 as April 30, July 31 and October 31 of the end of any fiscal quarter thereaftereach year commencing with January 31, 1996.

Fixed Charge Coverage Ratio. Permit or suffer the Maintain a Fixed Charge Coverage Ratio determined as of the end of at each fiscal quarter end of not less than 1.05:1.00 for (i) the Companytwo fiscal quarters ending June 30, commencing with 2003, (ii) the three fiscal quarter quarters ending September 30, 19972003, for and (iii) thereafter, the period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Permit or suffer Commencing with the Fixed Charge Coverage Ratio determined fiscal quarter ending June 30, 2006 and as of the end of each fiscal quarter of the Companythereafter, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, cause to be maintained, a Fixed Charge Coverage Ratio of not less than (i) 1.45 1.1 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter1.0.

Fixed Charge Coverage Ratio. Permit or suffer the The Fixed Charge Coverage Ratio determined Ratio, calculated as of the end last day of each fiscal quarter of the Companyquarter, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, shall be greater than or equal to be less than (i) 1.45 1.25 to 1.0 as 1.00 from the Second Amendment Effective Date through and including the Fourth Quarter of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or 2015 and (ii) 1.60 1.30 to 1.0 as 1.00 from the First Quarter of the end of any fiscal quarter 2016 and thereafter.

Fixed Charge Coverage Ratio. Permit or suffer Commencing with the fiscal quarter ending January 31, 2012, have a Fixed Charge Coverage Ratio determined Ratio, measured on a quarter-end basis, of at least 1.33:1.00 for each 12 month period ending as of the end of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafterquarter.

Fixed Charge Coverage Ratio. Permit or suffer the Fixed Charge Coverage Ratio determined as of the end of each fiscal quarter of the Company, commencing Beginning with the fiscal quarter ending September 30, 19972012, for and at all times thereafter, the period of four fiscal quarters then ended, to Fixed Charge Coverage Ratio may not at any time be less than (i) 1.45 1.25 to 1.0 1.00. The Fixed Charge Coverage Ratio shall be calculated and tested quarterly for the four fiscal-quarter period ending as of the end last day of any each fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafterBorrower.

Fixed Charge Coverage Ratio. Permit or suffer the Guarantor and its Subsidiaries will maintain a Fixed Charge Coverage Ratio determined as of the end of each fiscal quarter of the Company, commencing with not less than (a) 1.50 to 1.00 for the fiscal quarter ending as of September 30, 1997, 2004 and (b) 1.40 to 1.00 for the period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 quarter ending as of the end of any fiscal quarter of the Company ending on or before March December 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter2004.

Fixed Charge Coverage Ratio. Permit or suffer With respect to the fiscal quarters ending on the dates set forth below, maintain a Fixed Charge Charged Coverage Ratio determined as of the end of in a proportion not less than that set forth below opposite each such fiscal quarter: Fiscal Quarter Ratio June 30, 2000 > 1.15 to 1.00 - September 30, 2000 > 1.40 to 1.00 - December 31, 2000 > 1.65 to 1.00 - March 31, 2001 and each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, thereafter > 1.75 to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter.1.00 -

Fixed Charge Coverage Ratio. Permit or suffer the The Fixed Charge Coverage Ratio determined as of the end of each fiscal quarter of the CompanyRatio, commencing with the fiscal quarter ending September 30, 1997, calculated for the period of four fiscal quarters then endedFiscal Quarter (or Fiscal Month) just ended and the immediately preceding three Fiscal Quarters (or 11 Fiscal Months), will be equal to be less or greater than (i) 1.45 1.4 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter1.0.

Fixed Charge Coverage Ratio. Permit Have a Fixed Charge Coverage Ratio, measured on a quarter-end basis (commencing with the quarter ending December 31, 2010), of at least 1.50:1.00 for the 12 month period ending on such quarter-end; provided, for any quarter-end ending on or suffer prior to September 30, 2011, the Fixed Charge Coverage Ratio determined as of shall be measured from October 1, 2010 through the end of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereaftersuch quarter.

Fixed Charge Coverage Ratio. Permit or suffer At all times during the term hereof the Fixed Charge Coverage Ratio determined as of shall not be less than the end of each fiscal quarter of following: 1.0:1. 0 for the Company, commencing period beginning with the fiscal quarter ending on September 30, 19972003 and the fiscal quarter ending December 31, 2004; 0.8:1. 0 for the period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of 2005, June 30, 2005 and September 30, 2005; 0.9:1 0 for the end of any fiscal quarter ending December 31, 2005; and 1.0:1. 0 for each fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Permit or suffer As of December 31, 2001, and as of the last day of each Fiscal Quarter thereafter, for the period equal to the four (4) consecutive Fiscal Quarters then ending, the Borrower and its Subsidiaries shall maintain a Fixed Charge Coverage Ratio determined as of the end of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, greater than or equal to be less than (i) 1.45 1.25 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter1.00.

Fixed Charge Coverage Ratio. Permit or suffer Have at the end of each of the fiscal quarters ending April 4, 1998, July 4, 1998 and October 3, 1998 a year-to-date Fixed Charge Coverage Ratio determined as of the end of each the applicable fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, equal to be less or greater than (i) 1.45 1.25 to 1.0 as of 1. Have at the end of any each other fiscal quarter of within the Company ending on Original Term, a Fixed Charge Coverage Ratio for the twelve consecutive months then ended equal to or before March 31, 1998 or (ii) 1.60 greater than 1.25 to 1.0 as of the end of any fiscal quarter thereafter1.

Fixed Charge Coverage Ratio. Permit or suffer The Borrowers and their Subsidiaries will not permit the Fixed Charge Coverage Ratio determined Ratio, as of the end last day of each any fiscal quarter of for the Companyfour consecutive fiscal quarters ending on the dates indicated, commencing with to be less than (a) 1.20 to 1.00 for the fiscal quarter ending September 30, 19972012 through the fiscal quarter ending September 30, 2013, (b) 1.25 to 1.00 for the period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March December 31, 1998 or 2013 through the fiscal quarter ending September 30, 2014 and (iic) 1.60 1.30 to 1.0 as of the end of any 1.00 for each fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Permit or suffer the Fixed Charge Coverage Ratio determined Maintain as of the end of each fiscal quarter quarter, for the twelve month period ending on the last day of the Companysuch fiscal quarter, commencing with a Fixed Charge Coverage Ratio in an amount not less than 1.10 to 1.00, provided that for the fiscal quarter ending September 30December 31, 19972006, the Fixed Charge Coverage Ratio shall be calculated for the nine-month period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as the last day of the end of any such fiscal quarter thereafterquarter.

Fixed Charge Coverage Ratio. Permit or suffer the The Fixed Charge Coverage Ratio determined Ratio, as of --------------------------- the end of each fiscal quarter of the Companyquarter, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, to shall be less greater than or equal to: (i) 1.45 From the Effective Date to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31and including November 29, 1998 or 1999, 1.10 to 1.0; and (ii) 1.60 From November 30, 1999 and thereafter, 1.25 to 1.0 as of the end of any fiscal quarter thereafter1.0.

Fixed Charge Coverage Ratio. Permit or suffer the Maintain a Fixed Charge Coverage Ratio determined of at least (i) 0.85:1.00 for the six (6) months ending as of June 30, 2022, (ii) 1.10:1.00 for the nine (9) months ending as of September 30, 2022, and (iii) 1.10:1.00 for the four (4) fiscal quarter period ending as of the end fiscal quarter ending December 31, 2022 and for each four (4) fiscal quarter period ending as of the last day of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter.”

Fixed Charge Coverage Ratio. Permit With respect to any period of four consecutive fiscal quarters ending on or suffer prior to March 31, 2007, permit the Fixed Charge Coverage Ratio determined as of the end of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, for the any such period of four fiscal quarters then ended, to be less than (i) 1.45 1.30 to 1.0 as 1.00 and with respect to each period of four consecutive quarters, the end last day of any fiscal quarter of the Company ending on or before which occurs after March 31, 1998 or (ii) 1.60 2007, permit the Fixed Charge Coverage Ratio for any such period to 1.0 as of the end of any fiscal quarter thereafterbe less than 1.40 to 1.00.

Fixed Charge Coverage Ratio. Permit or suffer the Fixed Charge Coverage Ratio determined Cause to be maintained as of the end of each fiscal quarter of the Companyquarter, commencing with the fiscal quarter ending September June 30, 19972000, for the period of four fiscal quarters then endedon a rolling twelve (12) month basis, a Fixed Charge Ratio equal to be less or greater than (i) 1.45 1.05 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter1.0.

Fixed Charge Coverage Ratio. Permit or suffer the Fixed Charge Coverage Ratio determined Cause to be maintained as of the end of each fiscal quarter of the Companyquarter, commencing with the fiscal quarter ending beginning on September 30, 19972010, a Fixed Charge Coverage Ratio of not less than 1.15 to 1.0. The Fixed Charge Coverage Ratio is calculated as of the last day of each fiscal quarter for the period of equal to the four consecutive fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafterending.

Fixed Charge Coverage Ratio. Permit or suffer the Borrowers shall maintain a Fixed Charge Coverage Ratio determined of not less than (i) 1.0 to 1.0 as of Borrowers’ fiscal quarter ending June 30, 2008, (ii) 1.0 to 1.0 as of the end of Borrowers’ fiscal quarter ending September 30, 2008 measured on a year-to-date basis and (iii) 1.2 to 1.0 as of the end of Borrowers’ fiscal quarter ending December 31, 2008 and as of the end of each fiscal quarter of the CompanyBorrowers thereafter, commencing with the fiscal measured on a rolling four quarter ending September 30, 1997, for the period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafterbasis.

Fixed Charge Coverage Ratio. Permit or suffer the Fixed Charge Coverage Ratio determined Maintain as of the end of each of Borrower's fiscal quarter quarters, a Fixed Charge Coverage Ratio equal to or greater than 1.75 to 1 for each of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period of four Borrower's fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 2001 through December 31, 2001 and 1.5 to 1.0 as 1 for each of the end of any Borrower's fiscal quarter quarters ending March 31, 2002 and thereafter.

Fixed Charge Coverage Ratio. Permit or suffer the Have a Fixed Charge Coverage Ratio determined Ratio, measured on a quarter-end basis, of at least (i) 1.20:1.00 for the 12 month period ending as of the end of each fiscal quarter of the Company, commencing with the if Borrowers’ Average Availability during such fiscal quarter ending September 30was greater than $15,000,000, 1997, or (ii) 1.05:1.00 for the 12 month period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 ending as of the end of any each fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any if Borrowers’ Average Availability during such fiscal quarter thereafterwas less than or equal to $15,000,000.

Fixed Charge Coverage Ratio. Permit or suffer the Have a Fixed Charge Coverage Ratio determined as of the Ratio, measured on a quarter-end of each fiscal quarter of the Company, commencing basis (beginning with the fiscal quarter ending September 30, 19972018), of at least 1.50 to 1.00 for the period of four fiscal quarters quarter period then ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafterending.

Fixed Charge Coverage Ratio. Permit or suffer the The Fixed Charge Coverage Ratio shall be greater than or equal to 1.0 to 1, determined as of the end of each fiscal quarter of any Fiscal Quarter for the Companyfour most recently ended Fiscal Quarters, commencing beginning with the fiscal quarter ending September 30Fiscal Quarter beginning on January 1, 1997, for the period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter2021.

Fixed Charge Coverage Ratio. Permit or suffer the Fixed Charge Coverage Ratio determined as As of the end of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, to the Fixed Charge Coverage Ratio shall not be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter1.50:1.00.

Fixed Charge Coverage Ratio. Permit or suffer As of the end of each Fiscal Quarter ending after the Closing Date, commencing with the Fiscal Quarter ending December 31, 2013, the Fixed Charge Coverage Ratio determined as of the end of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period of trailing four fiscal quarters Fiscal Quarters then ended, ending shall equal or exceed 1.25 to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter1.00.

Fixed Charge Coverage Ratio. Permit or suffer the Cause to be maintained a Fixed Charge Coverage Ratio determined as of the end of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, to be not less than 1.10 to 1.00 (i) 1.45 to 1.0 as for the two consecutive fiscal quarter period of the end of any fiscal quarter of the Company Borrowers ending on or before March 31July 30, 1998 or 2012, (ii) 1.60 to 1.0 as for the three consecutive fiscal quarter period of the end of any Borrowers ending October 31, 2012, and (iii) for each consecutive four fiscal quarter period of the Borrowers ending thereafter.

Fixed Charge Coverage Ratio. Permit or suffer Beginning with Computation Period relating to the Fiscal Quarter ending on March 31, 2008 and thereafter for each Computation Period relating to each Fiscal Quarter ending thereafter, not permit the Fixed Charge Coverage Ratio determined (calculated as of the end last day of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, Fiscal Quarter) to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter1.00:1.00.

Fixed Charge Coverage Ratio. Permit or suffer the The Fixed Charge Coverage Ratio determined Ratio, as of the end last day of each fiscal quarter of the CompanyBorrower, commencing with shall be greater than or equal to: (i) for the fiscal quarter ending March 31, 2001, .80 to 1.00; (ii) for the fiscal quarters ending June 30, 2001 and September 30, 1997, for the period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter.2001,

Fixed Charge Coverage Ratio. Permit or suffer the Fixed Charge Coverage Ratio determined as of at the end of each any fiscal quarter of the Companyquarter, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended2010, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter1.25:1.00.

Fixed Charge Coverage Ratio. Permit or suffer the Have a Fixed Charge Coverage Ratio determined Ratio, measured on a quarter-end basis, of at least (i) 1.20:1.00 for the 12 month period ending as of the end of each fiscal quarter if Borrowers’ Average Availability during such fiscal quarter was greater than 12% of the CompanyMaximum Revolver Amount, commencing with the fiscal quarter ending September 30, 1997, or (ii) 1.05:1.00 for the 12 month period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 ending as of the end of any each fiscal quarter if Borrowers’ Average Availability during such fiscal quarter was less than or equal to 12% of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafterMaximum Revolver Amount.”

Fixed Charge Coverage Ratio. Permit or suffer the Fixed Charge Coverage Ratio determined as of the end of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, Fiscal Quarter for the period of four fiscal quarters (4) Fiscal Quarters then ended, commencing with the first Fiscal Quarter ending on December 31, 2018 and for each Fiscal Quarter thereafter, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter1.20:1.00.

Fixed Charge Coverage Ratio. Permit or suffer the Maintain a Fixed Charge Coverage Ratio determined as of not less than 1.0 to 1.0, calculated on a quarterly basis at the end of each fiscal quarter of Fiscal Quarter for the Companyimmediately preceding 4 Fiscal Quarters, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company Fiscal Quarter ending on or before March 31September 8, 1998 or (ii) 1.60 2001. f. By adding the following new Section 10.1.13 to 1.0 as of the end of any fiscal quarter thereafter.Loan Agreement immediately following Section 10.1.12:

Fixed Charge Coverage Ratio. Permit or suffer the Maintain at all such times a Fixed Charge Coverage Ratio determined as of not less than (i) .75 to 1.00 for the end of each fiscal quarter of ending ▇▇▇▇▇ ▇▇, ▇▇▇▇ (▇▇) 1.00 to 1.00 for the Companylast two fiscal quarters ending June 30, 2001, (iii) 1.00 to 1.00 for the last three fiscal quarters ending September 30, 2001 and (iv) commencing with the fiscal quarter ending September 30December 31, 19972001, for the period of four fiscal quarters then ended1.00 to 1.00, to be less than (i) 1.45 to 1.0 as of tested on a rolling four quarter basis at the end of any each fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafterquarter.

Fixed Charge Coverage Ratio. Permit or suffer the The Fixed Charge Coverage Ratio determined Ratio, as of the end last day of each fiscal quarter of the CompanyCredit Parties, commencing beginning with the fiscal quarter ending September 30December 31, 19972008, for the period of four fiscal quarters then ended, shall be greater than or equal to be less than (i) 1.45 1.00 to 1.0 as of 1.00 for the end of any fiscal quarter of ending December 31, 2008, and (ii) 1.25 to 1.00 for the Company fiscal quarter ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any 2009, and each fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Permit or suffer the Maintain a Fixed Charge Coverage Ratio determined as of at least 1.15 to 1.00 at the end of each fiscal quarter of the Company, Fiscal Quarter commencing with the fiscal quarter Fiscal Quarter ending September 30, 1997, for the period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter2010.

Fixed Charge Coverage Ratio. Permit or suffer the The Fixed Charge Coverage Ratio determined Ratio, as of the --------------------------- end of each fiscal quarter of the Companyquarter, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, to shall be less greater than or equal to: (i) 1.45 From the Effective Date to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31and including November 29, 1998 or 1999, 1.10 to 1.0; and (ii) 1.60 From November 30, 1999 and thereafter, 1.25 to 1.0 as of the end of any fiscal quarter thereafter1.0.

Fixed Charge Coverage Ratio. Permit or suffer the Fixed Charge Coverage Ratio determined as of the end of each fiscal quarter of the Company, commencing Commencing with the fiscal quarter ending September 30, 19972008, have a Fixed Charge Coverage Ratio, measured on a fiscal quarter-end basis for the period of four fiscal quarters then endedending, to be of less than (i) 1.45 to 1.0 as of the end of required amount set forth in the following table for any fiscal quarter of ending during the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter.applicable period set forth opposite thereto:

Fixed Charge Coverage Ratio. Permit or suffer (1) For the fiscal quarters ending August 31, 2003, and November 30, 2003, a Fixed Charge Coverage Ratio determined as of the not less than 1.10:1.0, measured on a fiscal quarter-end of each fiscal quarter of the Companybasis, commencing with (2) for the fiscal quarter ending September 30February 29, 19972004, a Fixed Charge Coverage Ratio of not less than 1.20:1.0, measured on a fiscal quarter-end basis, and (3) for the period fiscal quarter ending May 31, 2004, and for each fiscal quarter ending thereafter, a Fixed Charge Coverage Ratio of four fiscal quarters then ended, to be not less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter.1.25:1.0;

Fixed Charge Coverage Ratio. Permit or suffer the Have a Fixed Charge Coverage Ratio determined Ratio, measured on a trailing four fiscal quarter basis, as of the end of the fiscal quarter ended immediately preceding the Commencement Date and as of the end of each fiscal quarter ended during such Financial Covenant Period, of at least the Company, commencing with required ratio set forth in the fiscal quarter ending September 30, 1997, following table for the applicable period of four fiscal quarters then endedset forth opposite thereto: 1.1 1.0 For the 12 month period ending April 4, to be less than (i) 1.45 to 1.0 2011 and for each 12 month period ended as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any each fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Permit or suffer the A Fixed Charge Coverage Ratio determined as of the Ratio, measured on a fiscal year-end of each fiscal quarter of the Company, basis commencing with the fiscal quarter year ending September 30December 31, 19972002, of not less than 1.00:1.00. (2) Make Capital Expenditures, measured on a fiscal quarter-end basis, in excess of $11,118,000 for the 12-month period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any ending each fiscal quarter of after the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafterdate hereof.

Fixed Charge Coverage Ratio. Permit or suffer Maintain, on a Consolidated basis, (i) as of the end of its fiscal quarter ending June 28, 2003, for the twelve-month period ending on such date, a Fixed Charge Coverage Ratio determined of not less than 0.75 to 1.00, and (ii) as of the end of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997thereafter, for the twelve-month period ending on such date, a Fixed Charge Coverage Ratio of four fiscal quarters then ended, to be not less than (i) 1.45 1.10 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter1.00.

Fixed Charge Coverage Ratio. Permit or suffer the The Fixed Charge Coverage Ratio determined Ratio, as of the end of each fiscal quarter of the Companyquarter, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March May 31, 1998 2007, shall be greater than or (ii) 1.60 equal to 1.0 as of the end of any fiscal quarter thereafter2.0 to 1.0.

Fixed Charge Coverage Ratio. Permit or suffer the Maintain a Fixed Charge Coverage Ratio determined as of not less than: (i) 90 to 1.0 for the end of each four consecutive fiscal quarter of the Company, commencing with the fiscal quarter periods ending on September 30, 1997, ; (ii) 1.0 to 1.0 for the period of four consecutive fiscal quarters then endedquarter periods ending on December 31, to be less than 1997; (iiii) 1.45 1.0 to 1.0 as of for the end of any four consecutive fiscal quarter of the Company periods ending on or before March 31, 1998 or 1998; and (iiiv) 1.60 1.50 to 1.0 as of the end of any for each four consecutive fiscal quarter periods ending thereafter.

Fixed Charge Coverage Ratio. Permit or suffer Commencing with Company’s fiscal quarter ended September 2015 and for each fiscal quarter thereafter, permit the Fixed Charge Coverage Ratio determined as of the end last day of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, to be less than (i) 1.45 1.25 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter1.0.

Fixed Charge Coverage Ratio. Permit or suffer At the end of each Fiscal Quarter, commencing with the Fiscal Quarter ending April 30, 2001, the Fixed Charge Coverage Ratio determined as of the end of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, for the period of four fiscal quarters then ended, Fiscal Quarter just ended and the immediately preceding 3 Fiscal Quarters shall be greater than 1.85 to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter1.0.

Fixed Charge Coverage Ratio. Permit or suffer Commencing with the Fiscal Quarter ending September 30, 2017, maintain a Fixed Charge Coverage Ratio of at least 1.0:1.0, determined as of the end last day of each fiscal quarter of the Company, commencing with the fiscal quarter ending September 30, 1997, Fiscal Quarter for the trailing four quarter period of four fiscal quarters then ended, to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter.

Fixed Charge Coverage Ratio. Permit or suffer the Fixed Charge Coverage Ratio determined as of the end of At each fiscal quarter of the Company, commencing with the fiscal quarter ending end occurring on and after September 30, 1997, for the period of four fiscal quarters then ended, have a Fixed Charge Coverage Ratio greater than or equal to be less than (i) 1.45 to 1.0 as of the end of any fiscal quarter of the Company ending on or before March 31, 1998 or (ii) 1.60 to 1.0 as of the end of any fiscal quarter thereafter1.00:1.00.