Common use of Minimum Adjusted EBITDA Clause in Contracts

Minimum Adjusted EBITDA. As of the last day of each fiscal quarter of the Borrower set forth below, the Borrower shall have earned Adjusted EBITDA for the most recent four fiscal quarters of the Borrower then ended in an amount not less than the following: MINIMUM ADJUSTED EBITDA FISCAL QUARTER ENDING: SHALL NOT BE LESS THAN June 30, 2004 $30,000,000 September 30, 2004 $35,000,000 each fiscal quarter ending thereafter $40,000,000

Minimum Adjusted EBITDA. As of the last day of At each fiscal quarter of the Borrower quarter-end set forth below, the Borrower shall have earned an Adjusted EBITDA for the most recent four fiscal quarters in excess of the Borrower then ended in an amount not less than the followingMinimum Adjusted EB1TDA set forth adjacent to such fiscal quarter-end: MINIMUM ADJUSTED Fiscal Quarter-End Minimum Adjusted EBITDA FISCAL QUARTER ENDING: SHALL NOT BE LESS THAN ------------------ ----------------------- June 30, 2004 2000 $30,000,000 1,760,000 September 30, 2004 2000 $35,000,000 each fiscal quarter ending thereafter 1,501,000 December 31, 2000 $40,000,0001,494,000 From and after March 31, 2001 $1,791,000

Minimum Adjusted EBITDA. As Maintain as of the last day end of each the fiscal quarter of the Borrower set forth below, the Borrower shall have earned minimum Consolidated Adjusted EBITDA for the most recent four fiscal quarters of the Borrower then ended in an amount not less than the followingdollar amount set forth below for such fiscal quarter: MINIMUM ADJUSTED EBITDA FISCAL QUARTER ENDING: SHALL NOT BE LESS THAN June 30ENDING AMOUNT --------------------------------------- February 18, 2004 2001 $30,000,000 September 3034,000,000 May 13, 2004 2001 $35,000,000 each fiscal quarter ending thereafter 34,000,000 August 5, 2001 $40,000,00034,000,000 October 28, 2001 $35,000,000

Minimum Adjusted EBITDA. As of The Borrowers shall not permit, with respect to the last day of fiscal quarter ending June 30, 2001 and for each fiscal quarter of the Borrower set forth belowthereafter, the Borrower shall have earned Adjusted EBITDA for the most recent immediately preceding four (4) fiscal quarters of the Borrower then ended in an amount not quarter period to be less than the followingamount specified below for such period: MINIMUM ADJUSTED Quarters Endings Minimum Adjusted EBITDA FISCAL QUARTER ENDING: SHALL NOT BE LESS THAN ---------------- ----------------------- June 30, 2004 2001 $30,000,000 4,500,000 September 30, 2004 2001 $35,000,000 each fiscal quarter ending thereafter 4,800,000 December 31, 2001 $40,000,0004,400,000 March 31, 2002 $7,000,000

Minimum Adjusted EBITDA. As Maintain as of the last day end of each the fiscal quarter of the Borrower set forth below, the Borrower shall have earned minimum Consolidated Adjusted EBITDA for the most recent four fiscal quarters of the Borrower then ended in an amount not less than the followingdollar amount set forth below for such fiscal quarter: MINIMUM ADJUSTED EBITDA FISCAL QUARTER ENDING: SHALL NOT BE LESS THAN June 30ENDING AMOUNT February 18, 2004 2001 $30,000,000 September 3034,000,000 May 13, 2004 2001 $35,000,000 each fiscal quarter ending thereafter 34,000,000 August 5, 2001 $40,000,00034,000,000 October 28, 2001 $32,500,000 February 17, 2002 $32,500,000 (n) Section 5.04(c) is hereby amended in full to read as follows: