Common use of Maximum Total Leverage Ratio Clause in Contracts

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as at the end of any Test Period ending during any period set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio Closing Date through September 30, 2007 6.50 to 1.0 October 1, 2007 through June 30, 2008 6.25 to 1.0 July 1, 2008 through September 30, 2008 6.00 to 1.0 October 1, 2008 through December 31, 2008 5.50 to 1.0 January 1, 2009 through December 31, 2009 4.00 to 1.0 January 1, 2010 through December 31, 2010 3.25 to 1.0 January 1, 2011 through December 31, 2011 2.25 to 1.0 January 1, 2012 and thereafter 2.00 to 1.0

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as at the end of any Test Period ending date during any period set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio Closing Date through September 30, 2007 6.50 to 1.0 October 1, 2007 through June 30, 2008 6.25 to 1.0 July 1, 2008 through September 30, 2008 6.00 to 1.0 October 1, 2008 through - December 31, 2008 5.50 2007 7.00 to 1.0 January 1, 2008 - September 27, 2008 6.85 to 1.0 September 28, 2008 - July 4, 2009 through 6.70 to 1.0 July 5, 2009 - December 31, 2009 4.00 6.50 to 1.0 January 1, 2010 through December 31- October 2, 2010 3.25 6.00 to 1.0 January 1October 3, 2011 through December 31, 2011 2.25 to 1.0 January 1, 2012 2010 and thereafter 2.00 to 1.05.75

Maximum Total Leverage Ratio. Permit With regard to Atrium (on a consolidated basis) the Total Leverage RatioRatio shall not, as at the end of any Test Period ending Date during any period set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio Closing Date ------ ----- December 28, 2004 through September 30December 31, 2007 6.50 to 1.0 October 2005 4.25x January 1, 2006 through December 31, 2006 4.00x January 1, 2007 through June 30December 31, 2008 6.25 to 1.0 July 1, 2008 through September 30, 2008 6.00 to 1.0 October 2007 3.75x January 1, 2008 through December 31, 2008 5.50 to 1.0 3.50x January 1, 2009 through December 31, 2009 4.00 to 1.0 3.25x January 1, 2010 through December 31, 2010 3.25 to 1.0 3.00x January 1, 2011 through December 31, 2011 2.25 to 1.0 January 1, 2012 and thereafter 2.00 to 1.02.75x

Maximum Total Leverage Ratio. Permit the The Total Leverage RatioRatio shall not, as at the end of any Test Period ending Date during any period set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio ------ ----- Closing Date through September 30December 31, 2007 6.50 to 1.0 October 2005 4.25x January 1, 2006 through December 31, 2006 4.00x January 1, 2007 through June 30December 31, 2008 6.25 to 1.0 July 1, 2008 through September 30, 2008 6.00 to 1.0 October 2007 3.75x January 1, 2008 through December 31, 2008 5.50 to 1.0 3.50x January 1, 2009 through December 31, 2009 4.00 to 1.0 3.25x January 1, 2010 through December 31, 2010 3.25 to 1.0 3.00x January 1, 2011 through December 31, 2011 2.25 to 1.0 January 1, 2012 and thereafter 2.00 to 1.02.75x

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as at of the end last day of any Test Period ending during any period set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio Closing Date through - March 31, 2007 4.00 to 1.0 April 1, 2007 - June 30, 2007 3.75 to 1.0 July 1, 2007 - September 30, 2007 6.50 3.40 to 1.0 October 1, 2007 through June 30- March 31, 2008 6.25 3.00 to 1.0 July April 1, 2008 through - September 30, 2008 6.00 2.50 to 1.0 October 1, 2008 through December 31- June 30, 2008 5.50 2009 2.00 to 1.0 January July 1, 2009 through - December 31, 2009 4.00 1.25 to 1.0 January 1, 2010 through December 31, 2010 3.25 to 1.0 January 1, 2011 through December 31, 2011 2.25 to 1.0 January 1, 2012 and thereafter 2.00 1.00 to 1.0

Maximum Total Leverage Ratio. Permit the The Total Leverage RatioRatio shall not, as at the end of any Test Period ending Date during any period set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio ------ ----- Closing Date through September 30, 2004 4.95x October 1, 2004 through September 30, 2005 4.75x October 1, 2005 through September 30, 2006 4.25x October 1, 2006 through September 30, 2007 6.50 to 1.0 3.75x October 1, 2007 through June 30, 2008 6.25 to 1.0 July 1, 2008 through September 30, 2008 6.00 to 1.0 3.25x October 1, 2008 through December 31, 2008 5.50 to 1.0 January 1, 2009 through December 31, 2009 4.00 to 1.0 January 1, 2010 through December 31, 2010 3.25 to 1.0 January 1, 2011 through December 31, 2011 2.25 to 1.0 January 1, 2012 and thereafter 2.00 to 1.03.00x

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as at the end last day of any Test Period ending during any period set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio Closing Date through September July 1, 2006—December 31, 2006 6.50 to 1.0 January 1, 2007—June 30, 2007 6.75 to 1.0 July 1, 2007—December 31, 2007 6.50 to 1.0 October January 1, 2007 through June 302008—December 31, 2008 6.25 to 1.0 July January 1, 2008 through September 30, 2008 6.00 to 1.0 October 1, 2008 through 2009—December 31, 2008 5.50 2009 6.00 to 1.0 January 1, 2009 through December 312010—June 30, 2009 4.00 2011 6.00 to 1.0 January July 1, 2010 through December 31, 2010 3.25 to 1.0 January 1, 2011 through 2011—December 31, 2011 2.25 5.75 to 1.0 January 1, 2012 and thereafter 2.00 5.50 to 1.0

Maximum Total Leverage Ratio. Permit the The Total Leverage RatioRatio shall ---------------------------- not, as at the end of any Test Period ending Date occurring during any period set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio ------ ----- Closing Date through September 30, 2007 6.50 to 1.0 October 1, 2007 through June 30, 2008 6.25 to 1.0 July 1, 2008 through September 30, 2008 6.00 to 1.0 October 1, 2008 through December 31, 2008 5.50 to 1.0 January 1, 2009 through December 31, 2009 4.00 to 1.0 January 1, 2010 through December 31, 2010 3.25 to 1.0 January 1, 2011 through December 31, 2011 2002 2.25 to 1.0 January 1, 2012 and thereafter 2003 to December 31, 2004 2.00 to 1.0 January 1, 2005 to Final Maturity Date 1.75 to 1.0

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as at of the end last day of any Test Period ending in effect during any period set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio Closing Date through September 30, 2007 6.50 to 1.0 October 1, 2007 through June 30, 2008 6.25 to 1.0 July 1, 2008 through - September 30, 2008 6.00 4.50 to 1.0 October 1, 2008 through December - March 31, 2008 5.50 2009 4.25 to 1.0 January April 1, 2009 through - June 30, 2009 3.75 to 1.0 July 1, 2009 - September 30, 2009 3.50 to 1.0 October 1, 2009 - December 31, 2009 4.00 3.25 to 1.0 January 1, 2010 through December - March 31, 2010 3.25 2.75 to 1.0 January April 1, 2011 through December 312010 - June 30, 2011 2010 2.50 to 1.0 July 1, 2010 and thereafter 2.25 to 1.0 January 1, 2012 and thereafter 2.00 to 1.0

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as at of the end last day of any Test Period ending during any period set forth in the table below, to exceed the ratio set forth opposite such period Test Period in the table below: Test Period Leverage Ratio Closing Date through September 30, 2007 6.50 to 1.0 October 1, 2007 through June 30, 2008 6.25 to 1.0 July 1, 2008 through September 30, 2008 6.00 to 1.0 October 1, 2008 through December 31, 2008 5.50 to 1.0 January 1, 2009 through December 31, 2009 2011 4.00 to 1.0 January 1, 2010 through December 31, 2010 3.25 to 1.0 January 1, 2011 through December 31, 2011 2.25 3.50 to 1.0 January 1March 31, 2012 and thereafter 3.00 to 1.0 June 30, 2012 2.50 to 1.0 September 30, 2012 2.35 to 1.0 December 31, 2012 2.15 to 1.0 March 31, 2013 2.05 to 1.0 June 30, 2013 2.00 to 1.0 September 30, 2013 1.90 to 1.0 December 31, 2013 1.60 to 1.0 March 31, 2014 1.60 to 1.0 June 30, 2014 1.50 to 1.0 September 30, 2014 1.50 to 1.0

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as at the end last day of any Test Period ending during any period set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio Closing Date through September July 1, 2006 - December 31, 2006 6.50 to 1.0 January 1, 2007 - June 30, 2007 6.75 to 1.0 July 1, 2007 - December 31, 2007 6.50 to 1.0 October January 1, 2007 through June 302008 - December 31, 2008 6.25 to 1.0 July January 1, 2008 through September 302009 - December 31, 2008 2009 6.00 to 1.0 October January 1, 2008 through 2010 – December 31, 2008 2010 5.50 to 1.0 January 1, 2009 through December 31, 2009 4.00 to 1.0 January 1, 2010 through December 31, 2010 3.25 to 1.0 January 1, 2011 through December 31, 2011 2.25 to 1.0 January 1, 2012 and thereafter 2.00 5.00 to 1.0

Maximum Total Leverage Ratio. Permit the The Total Leverage Ratio, as at the end of Ratio shall not on any Test Period ending during any period set forth in the table below, to Date exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio Closing Date through September 30February 1, 2004 – July 31, 2004 4.75 x August 1, 2004 – October 31, 2005 4.50 x November 1, 2005 – January 31, 2006 4.25 x February 1, 2006 – July 31, 2006 4.00 x August 1, 2006 – January 31, 2007 6.50 to 1.0 October 3.75 x February 1, 2007 through June 30– January 31, 2008 6.25 to 1.0 July 3.50 x February 1, 2008 through September 30, 2008 6.00 to 1.0 October 1, 2008 through December – January 31, 2008 5.50 to 1.0 January 2009 3.25 x February 1, 2009 through December 31, 2009 4.00 to 1.0 – January 1, 2010 through December 31, 2010 3.25 to 1.0 January 1, 2011 through December 31, 2011 2.25 to 1.0 January 1, 2012 and thereafter 2.00 to 1.03.00 x

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as at the end last day of any Test Period ending during any period set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio Closing Date through September July 1, 2006 - December 31, 2006 6.50 to 1.0 January 1, 2007 - June 30, 2007 6.75 to 1.0 July 1, 2007 - December 31, 2007 6.50 to 1.0 October 1, 2007 through June 30, 2008 6.25 to 1.0 July January 1, 2008 through September 30, 2008 6.00 to 1.0 October 1, 2008 through - December 31, 2008 5.50 6.25 to 1.0 January 1, 2009 through - December 31, 2009 4.00 6.00 to 1.0 January 1, 2010 through December 31- June 30, 2010 3.25 2011 6.00 to 1.0 January July 1, 2011 through - December 31, 2011 2.25 5.75 to 1.0 January 1, 2012 and thereafter 2.00 5.50 to 1.0

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as at of the end last day of any Test Period ending during any period on or about the dates set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio Closing Date through in such table: June 30, 2012 6.25 to 1.0 September 30, 2007 6.50 2012 6.25 to 1.0 October 1December 31, 2007 through 2012 6.25 to 1.0 March 31, 2013 5.75 to 1.0 June 30, 2008 6.25 2013 5.75 to 1.0 July 1, 2008 through September 30, 2008 6.00 2013 5.75 to 1.0 October 1, 2008 through December 31, 2008 5.50 2013 5.75 to 1.0 January 1March 31, 2009 through 2014 5.25 to 1.0 June 30, 2014 5.25 to 1.0 September 30, 2014 5.25 to 1.0 December 31, 2009 2014 5.25 to 1.0 March 31, 2015 and thereafter 4.00 to 1.0 January 1, 2010 through December 31, 2010 3.25 to 1.0 January 1, 2011 through December 31, 2011 2.25 to 1.0 January 1, 2012 and thereafter 2.00 to 1.0

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as at of the end of any Test Period ending during any period set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio Closing Date through September 30— December 31, 2007 6.50 2004 0.55 to 1.0 October January 1, 2007 through 2005 — March 31, 2005 0.40 to 1.0 April 1, 2005 — June 30, 2008 6.25 2005 0.25 to 1.0 July 1, 2008 through September 30, 2008 6.00 to 1.0 October 1, 2008 through December 31, 2008 5.50 to 1.0 January 1, 2009 through December 31, 2009 4.00 to 1.0 January 1, 2010 through December 31, 2010 3.25 to 1.0 January 1, 2011 through December 31, 2011 2.25 to 1.0 January 1, 2012 2005 and thereafter 2.00 0.10 to 1.0