Common use of Minimum Cumulative EBITDA Clause in Contracts

Minimum Cumulative EBITDA. Permit as of the last day of each month, the Consolidated EBITDA for the Applicable Measurement Period ended on the last day of such month to be less than the amount specified below for such month: December 2009 $ 4,500,000 January 2010 $ 11,500,000 February 2010 $ 19,000,000 March 2010 $ 23,000,000 April 2010 $ 30,000,000 May 2010 $ 37,000,000 June 2010 $ 43,000,000 ; provided that each of the financial covenants set forth in this Section 8.1 will be calculated applying the Fresh Start Accounting Adjustment and eliminating the effects of all Disregarded Items.

Minimum Cumulative EBITDA. Permit as of the last day of each monthmonth specified below, the Consolidated EBITDA for the Applicable Measurement Period ended on the last day of such month to be less than the amount specified below for such month: December 2009 $ 4,500,000 January 2010 $ 11,500,000 February 2010 $ 19,000,000 March 2010 $ 23,000,000 April 2010 $ 30,000,000 May 2010 $ 37,000,000 June 2010 $ 43,000,000 ; provided that each of the financial covenants set forth in this Section 8.1 will be calculated applying the Fresh Start Accounting Adjustment and eliminating the effects of all Disregarded Items.