Common use of Minimum Adjusted EBITDA Clause in Contracts

Minimum Adjusted EBITDA. At each fiscal quarter-end set forth below, an Adjusted EBITDA in excess of the Minimum Adjusted EB1TDA set forth adjacent to such fiscal quarter-end: Fiscal Quarter-End Minimum Adjusted EBITDA ------------------ ----------------------- June 30, 2000 $1,760,000 September 30, 2000 $1,501,000 December 31, 2000 $1,494,000 From and after March 31, 2001 $1,791,000

Minimum Adjusted EBITDA. At each Maintain as of the end of the fiscal quarter-end quarter of the Borrower minimum Consolidated Adjusted EBITDA of not less than the dollar amount set forth below, an Adjusted EBITDA in excess of the Minimum Adjusted EB1TDA set forth adjacent to below for such fiscal quarter-end: Fiscal Quarter-End Minimum Adjusted EBITDA ------------------ ----------------------- June 30, 2000 $1,760,000 September 30, 2000 $1,501,000 December 31, 2000 $1,494,000 From and after March 31FISCAL QUARTER ENDING AMOUNT --------------------------------------- February 18, 2001 $1,791,00034,000,000 May 13, 2001 $34,000,000 August 5, 2001 $34,000,000 October 28, 2001 $35,000,000

Minimum Adjusted EBITDA. At each Maintain as of the end of the fiscal quarter-end quarter of the Borrower minimum Consolidated Adjusted EBITDA of not less than the dollar amount set forth below, an Adjusted EBITDA in excess of the Minimum Adjusted EB1TDA set forth adjacent to below for such fiscal quarter-end: Fiscal Quarter-End Minimum Adjusted EBITDA ------------------ ----------------------- June 30, 2000 $1,760,000 September 30, 2000 $1,501,000 December 31, 2000 $1,494,000 From and after March 31FISCAL QUARTER ENDING AMOUNT February 18, 2001 $1,791,00034,000,000 May 13, 2001 $34,000,000 August 5, 2001 $34,000,000 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:

Minimum Adjusted EBITDA. At each Permit Adjusted EBITDA as of the end of any fiscal quarter-end quarter to be less than the amount set forth below, an Adjusted EBITDA in excess of the Minimum Adjusted EB1TDA set forth adjacent to below opposite such fiscal quarter-end: Fiscal Quarter-End Minimum quarter calculated quarterly on a trailing four (4) quarter basis (except as otherwise provided in the definition of Adjusted EBITDA ------------------ ----------------------- June EBITDA): Four Quarters Ending Amount January 31, 2012 and each April 30, 2000 $1,760,000 September 30, 2000 $1,501,000 December July 31, 2000 $1,494,000 From and after March October 31, 2001 $1,791,000and January 31 thereafter $ 3,500,000