Common use of Maximum Consolidated Total Leverage Ratio Clause in Contracts

Maximum Consolidated Total Leverage Ratio. The Loan Parties shall not permit the Consolidated Total Leverage Ratio as of the last day of any Fiscal Quarter ending during any of the periods set forth below to exceed the correlative ratio indicated: Period Maximum Consolidated Total Leverage Ratio ------ ----------------------------------------- July 1, 2004 to June 30, 2005 6.0 to 1.0 July 1, 2005 to June 30, 2006 5.5 to 1.0 July 1, 2006 to June 30, 2007 5.0 to 1.0 July 1, 2007 to June 30, 2008 4.0 to 1.0 July 1, 2008 and thereafter 3.5 to 1.0

Maximum Consolidated Total Leverage Ratio. The Loan Parties Borrower shall not permit the Consolidated Total Leverage Ratio as of the last day of any Fiscal Quarter ending during any of the periods set forth below to exceed the correlative ratio indicated: Period Maximum Consolidated Total Leverage Ratio ------ ----------------------------------------- July May 1, 2004 to June 2011 – January 31, 2013 7.35:1.00 February 1, 2013 – April 30, 2005 6.0 to 1.0 July 2013 7.00:1.00 May 1, 2005 to June 302013 – July 31, 2006 5.5 to 1.0 July 2013 6.50:1.00 August 1, 2006 to June 302013 – October 31, 2007 5.0 to 1.0 July 2013 6.00:1.00 November 1, 2007 to June 302013 – January 31, 2008 4.0 to 1.0 July 2014 5.75:1.00 February 1, 2008 2014 – April 30. 2014 5.50:1.00 May 1, 2014 – July 31, 2014 5.25:1.00 August 1, 2014 – January 31, 2015 5.00:1.00 February 1, 2015 and thereafter 3.5 to 1.04.75:1:00

Maximum Consolidated Total Leverage Ratio. The Loan Parties Borrower shall not permit the Consolidated Total Leverage Ratio as of the last day of any Fiscal Quarter ending during any of the periods set forth below to exceed the correlative ratio indicated: Period Maximum Consolidated Total Leverage Ratio ------ ----------------------------------------- July May 1, 2004 to June 2011 – October 31, 2012 7.35:1.00 November 1, 2012 – April 30, 2005 6.0 to 1.0 July 2013 7.00:1.00 May 1, 2005 to June 2013 – October 31, 2013 6.50:1.00 November 1, 2013 – April 30, 2006 5.5 to 1.0 July 2014 6.25:1.00 May 1, 2006 to June 2014 – January 31, 2015 5.75:1.00 February 1, 2015 – April 30, 2007 5.0 to 1.0 July 2015 5.50:1.00 May 1, 2007 to June 30, 2008 4.0 to 1.0 July 1, 2008 2015 and thereafter 3.5 to 1.05.25:1.00”

Maximum Consolidated Total Leverage Ratio. The Loan Parties Borrower shall not permit the Consolidated Total Leverage Ratio as of the last day of any Fiscal Quarter ending during any of the periods set forth below to exceed the correlative ratio indicated: Period Maximum Consolidated Total Leverage Ratio ------ ----------------------------------------- July November 1, 2004 to June 2012 — April 30, 2005 6.0 to 1.0 July 2013 7.00:1.00 NovemberMay 1, 2005 to June 2013 — April 30, 2006 5.5 to 1.0 July 2014 6.256.50:1.00 May 1, 2006 to June 2014 — January 31April 30, 2007 5.0 to 1.0 July 2015 5.756.25:1.00 FebruaryMay 1, 2007 to June 2015 — April 30, 2008 4.0 to 1.0 July 20152016 5.506.00:1.00 May 1, 2008 20152016 and thereafter 3.5 to 1.05.255.50:1.00

Maximum Consolidated Total Leverage Ratio. The Loan Parties Borrower shall not permit the Consolidated Total Leverage Ratio as of the last day of any Fiscal Quarter ending during any of the periods set forth below to exceed the correlative ratio indicated: Period Maximum Consolidated Total Leverage Ratio ------ ----------------------------------------- July May 1, 2004 to June 2013 – April 30, 2005 6.0 to 1.0 July 2014 7.25:1.00 May 1, 2005 to June 2014 – April 30, 2006 5.5 to 1.0 July 2015 7.00:1.00 May 1, 2006 to June 302015 – January 31, 2007 5.0 to 1.0 July 2016 6.75:1.00 February 1, 2007 to June 302016 – October 31, 2008 4.0 to 1.0 July 2016 6.50:1.00 November 1, 2008 2016 and thereafter 3.5 to 1.06.25:1.00”

Maximum Consolidated Total Leverage Ratio. The Loan Parties Borrower shall not permit the Consolidated Total Leverage Ratio as of the last day of any Fiscal Quarter ending during any of the periods set forth below to exceed the correlative ratio indicated: Period Maximum Consolidated Total Leverage Ratio ------ ----------------------------------------- July 1, 2004 MAXIMUM CONSOLIDATED PERIOD TOTAL LEVERAGE RATIO ----------------------------- -------------------- Closing Date to June 30, 2005 6.0 5.5 to 1.0 July 1, 2005 to June 30, 2006 5.5 5.0 to 1.0 July 1, 2006 to June 30, 2007 5.0 4.5 to 1.0 July 1, 2007 to June 30, 2008 4.0 3.5 to 1.0 July 1, 2008 and thereafter 3.5 3.0 to 1.0

Maximum Consolidated Total Leverage Ratio. The Loan Parties shall not permit the Consolidated Total Leverage Ratio as of the last day of any Fiscal Quarter ending during any of the periods set forth below to exceed the correlative ratio indicated: Period Maximum Consolidated Total Leverage Ratio ------ ----------------------------------------- July 1, 2004 to June 30, 2005 6.0 to 1.0 July 1, 2005 to June MAXIMUM CONSOLIDATED TOTAL PERIOD LEVERAGE RATIO ----------------------------------- ------------------ September 30, 2006 5.5 to 1.0 July 1, 2006 to June 30- March 31, 2007 5.0 to 1.0 July 4.5:1.0 April 1, 2007 to June 30- March 31, 2008 4.0 to 1.0 July 4.25:1.0 April 1, 2008 - March 31, 2009 3.75:1.0 April 1, 2009 - March 31, 2010 3.5:1.0 April 1, 2010 - March 31, 2011 3.25:1.0 April 1, 2011 and thereafter 3.5 to 1.03.0:1.0

Maximum Consolidated Total Leverage Ratio. The Loan Parties Borrower shall not permit the Consolidated Total Leverage Ratio as of at the last day of any Fiscal the Most Recent Four Quarter ending during any of Period to exceed the periods ratio set forth below opposite such period below: October 28, 2012 3.75 to exceed the correlative ratio indicated: 1.00 January 27, 2013 3.75 to 1.00 April 28, 2013 3.75 to 1.00 July 28, 2013 3.75 to 1.00 November 3, 2013 3.25 to 1.00 February 2, 2014 3.25 to 1.00 May 4, 2014 3.25 to 1.00 August 3, 2014 3.25 to 1.00 November 2, 2014 2.75 to 1.00 Each Four Quarter Period Maximum Consolidated Total Leverage Ratio ------ ----------------------------------------- July 1, 2004 Ending Thereafter 2.75 to June 30, 2005 6.0 to 1.0 July 1, 2005 to June 30, 2006 5.5 to 1.0 July 1, 2006 to June 30, 2007 5.0 to 1.0 July 1, 2007 to June 30, 2008 4.0 to 1.0 July 1, 2008 and thereafter 3.5 to 1.01.00