Common use of Leverage Ratios Clause in Contracts

Leverage Ratios. (i) The Borrower and its Subsidiaries on a consolidated basis shall not permit the ratio (the "Total Leverage Ratio") of (i) Total Debt to (ii) EBITDA to be greater than the ratio set forth below at the end of the fiscal quarter ending on the corresponding date set forth below: Quarter Ending Total Leverage -------------- -------------- Ratio ----- December 31, 2001 6.50 to 1.00 March 31, 2002 6.50 to 1.00 June 30, 2002 5.50 to 1.00 September 30, 2002 5.00 to 1.00 December 31, 2002 4.00 to 1.00 March 31, 2003 3.25 to 1.00 June 30, 2003 2.75 to 1.00 September 30, 2003 and each 2.50 to 1.00 quarter thereafter (ii) The Borrower and its Subsidiaries on a consolidated basis shall not permit the ratio (the "Senior Leverage Ratio") of (i) Senior Debt to (ii) EBITDA to be greater than the ratio set forth below at the end of the fiscal quarter or date ending on the corresponding date set forth below: Quarter or Date Ending Senior Leverage Ratio ---------------------- --------------------- December 31, 2001 6.50 to 1.00 April 15, 2002 4.00 to 1.00 June 30, 2002 3.75 to 1.00 September 30, 2002 3.25 to 1.00 December 31, 2002 2.50 to 1.00 March 31, 2003 2.00 to 1.00 June 30, 2003 and each quarter 1.50 to 1.00 thereafter In each case, the Leverage Ratio shall be determined as of the last day of each fiscal quarter based upon (i) Total Debt as of the last day of such fiscal quarter and (ii) EBITDA for the four fiscal quarter period ending on such day.

Leverage Ratios. (ia) The Borrower and its Subsidiaries on a consolidated basis shall will not permit the ratio (Total Senior Secured Leverage Ratio on the "Total Leverage Ratio") last day of (i) Total Debt to (ii) EBITDA any Fiscal Quarter of the Borrower set forth below to be greater than the ratio set forth below at the end of the fiscal quarter ending on the corresponding date set forth opposite such Fiscal Quarter below: Quarter Ending Total Leverage -------------- -------------- Ratio ----- September 30, 2012 4.50:1.00 December 31, 2001 6.50 to 1.00 2012 4.50:1.00 March 31, 2002 6.50 to 1.00 2013 4.50:1.00 June 30, 2002 5.50 to 1.00 2013 4.50:1.00 September 30, 2002 5.00 to 1.00 2013 4.50:1.00 December 31, 2002 4.00 to 1.00 2013 4.50:1.00 March 31, 2003 3.25 to 1.00 2014 4.25:1.00 June 30, 2003 2.75 to 1.00 2014 4.25:1.00 September 30, 2003 2014 4.00:1.00 December 31, 2014 3.75:1.00 March 31, 2015 3.25:1.00 June 30, 2015 3.25:1.00 September 30, 2015 3.25:1.00 December 31, 2015 and the last day of each 2.50 to 1.00 quarter thereafterFiscal Quarter of the Borrower thereafter 2.75:1.00 (iib) The Borrower and its Subsidiaries on a consolidated basis shall will not permit the ratio (Total Leverage Ratio on the "Senior Leverage Ratio") last day of (i) Senior Debt to (ii) EBITDA any Fiscal Quarter of the Borrower set forth below to be greater than the ratio set forth below at the end of the fiscal quarter or date ending on the corresponding date set forth opposite such Fiscal Quarter below: Quarter or Date Ending Senior Leverage Ratio ---------------------- --------------------- September 30, 2012 8.50:1.00 December 31, 2001 6.50 to 1.00 April 152012 8.50:1.00 March 31, 2002 4.00 to 1.00 2013 8.50:1.00 June 30, 2002 3.75 to 1.00 2013 8.50:1.00 September 30, 2002 3.25 to 1.00 2013 8.50:1.00 December 31, 2002 2.50 to 1.00 2013 8.50:1.00 March 31, 2003 2.00 to 1.00 2014 8.25:1.00 June 30, 2003 2014 8.25:1.00 September 30, 2014 8.00:1.00 December 31, 2014 7.50:1.00 March 31, 2015 6.50:1.00 June 30, 2015 6.50:1.00 September 30, 2015 6.50:1.00 December 31, 2015 and each quarter 1.50 to 1.00 thereafter In each case, the Leverage Ratio shall be determined as of the last day of each fiscal quarter based upon (i) Total Debt as Fiscal Quarter of the last day of such fiscal quarter and (ii) EBITDA for the four fiscal quarter period ending on such day.Borrower thereafter 6.00:1.00"

Leverage Ratios. (i) The Borrower and its Subsidiaries on a consolidated basis shall not permit the ratio (the "Total Leverage Ratio") of (i) Total Debt to (ii) EBITDA to be greater than the ratio set forth below at the end of the fiscal quarter ending on the corresponding date set forth below: Quarter Ending Total Leverage Ratio -------------- -------------- Ratio ----- -------------------- December 31, 2001 6.50 to 1.00 March 31, 2002 6.50 5.50 to 1.00 June 30, 2002 5.50 to 1.00 September 30, 2002 5.00 4.75 to 1.00 December 31, 2002 4.00 3.25 to 1.00 March 31, 2003 3.25 to 1.00 June 30, 2003 2.75 to 1.00 September 30, 2003 and each 2.50 to 1.00 quarter thereafter (ii) The Borrower and its Subsidiaries on a consolidated basis shall not permit the ratio (the "Senior Leverage Ratio") of (i) Senior Debt to (ii) EBITDA to be greater than the ratio set forth below at the end of the fiscal quarter or date ending on the corresponding date set forth below or on such other corresponding date set forth below: Quarter or Date Ending Senior Leverage Ratio ---------------------- --------------------- December 31, 2001 6.50 to 1.00 April 1525, 2002 4.00 4.50 to 1.00 June 30, 2002 3.75 4.50 to 1.00 September 30, 2002 3.25 3.75 to 1.00 December 31, 2002 2.50 to 1.00 March 31, 2003 2.00 to 1.00 June 30, 2003 and each quarter 1.50 to 1.00 quarter thereafter In The Total Leverage Ratio and, in the case of each casefiscal quarter other than the fiscal quarter ending March 31, 2002, the Senior Leverage Ratio Ratio, shall be determined as of the last day of each fiscal quarter based upon (i) Total Debt or Senior Debt, as the case may be, as of the last day of such fiscal quarter and (ii) EBITDA for the four fiscal quarter period ending on such day. With respect to the fiscal quarter ending March 31, 2002, the Senior Leverage Ratio shall be determined as of April 25, 2002 based upon (i) Senior Debt as of April 25, 2002 and (ii) EBITDA for the four fiscal quarter period ending on the last day of the fiscal quarter ending March 31, 2002. (l) Section 7.4 of the Credit Agreement is hereby restated in its entirety as follows: