Common use of Minimum EBITDA Clause in Contracts

Minimum EBITDA. As of the end of each of its fiscal quarters beginning with the quarter ended June 30, 2008, the Borrower shall maintain minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended June 30, 2008, (ii) $12,500,000 for the nine months ended September 30, 2008, and (iii) $16,500,000 for the twelve months ended December 31, 2008 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.”

Minimum EBITDA. As of the end of each of its fiscal quarters beginning with the quarter ended June 30, 2008, the Borrower shall maintain Maintain at all times a minimum EBITDA (the "EBITDA Requirements") of not less than the followingfollowing amounts at the following times: (i) Minimum EBITDA: Fiscal Quarter Ending: $7,500,000 for the six months ended 11,000,000 Closing Date through June 30, 2008, (ii) 1999; $12,500,000 for the nine months ended September 30, 2008, and (iii) 1999; $16,500,000 for the twelve months ended 13,000,000 December 31, 2008 1999; and for each trailing twelve month period thereafter to be tested $14,500,000 March 31, 2000 and at each fiscal quarter endall times thereafter.”

Minimum EBITDA. As The Borrower will, as of the end last day of each fiscal quarter of its the Borrower commencing with the fiscal quarter ending September 30, 2002, have EBITDA in an amount not less than (a) $0.01 for the fiscal quarter ending September 30, 2002, (b) $2,000,000 for the two fiscal quarters beginning with ending December 31, 2002, (c) $10,000,000 for the quarter ended three fiscal quarters ending March 31, 2003, and (d) $26,000,000 for the fiscal year ending June 30, 2008, the Borrower shall maintain minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended June 30, 2008, (ii) $12,500,000 for the nine months ended September 30, 2008, and (iii) $16,500,000 for the twelve months ended December 31, 2008 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end2003.”

Minimum EBITDA. As Borrowers shall achieve EBITDA of at least $8,000,000 as of the end last day of each of its fiscal quarters beginning with the quarter ended June 30, 2008, the Borrower shall maintain minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended June 30, 2008, (ii) $12,500,000 for the nine months ended September 30, 2008, and (iii) $16,500,000 for the twelve months ended December ending July 31, 2008 and each October 31, January 31, April 30 and July 31 thereafter for each trailing twelve month period thereafter to be tested at each the most recent four fiscal quarter endquarters then ended.”

Minimum EBITDA. As of Borrower shall not permit EBITDA at any time to be less than the corresponding amount set forth below, which shall be calculated and tested at the end of each of its fiscal quarters beginning with the quarter ended June Fiscal Quarter on a trailing 4 Fiscal Quarter basis. Closing Date through December 30, 2008, the Borrower shall maintain minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended June 30, 2008, (ii) $12,500,000 for the nine months ended September 30, 2008, and (iii) $16,500,000 for the twelve months ended 2013 $ 70,000,000 December 31, 2008 2013 through December 30, 2014 $ 80,000,000 December 31, 2014 through December 30, 2015 $ 90,000,000 December 31, 2015 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.”$ 100,000,000

Minimum EBITDA. As (a) The EBITDA of the end Borrower and its Subsidiaries on a consolidated basis for the three month period ending on the last day of each of its fiscal quarters beginning with quarter indicated below, shall equal or exceed the quarter ended amount set forth opposite such period: Three Month Period ------------------ Ending on the Following Quarter Ends Minimum EBITDA ------------------------------------ -------------- September 30, 2000 $300,000 December 31, 2000 $600,000 March 3l, 2001 $700,000 June 30, 2008, the Borrower shall maintain minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended June 30, 2008, (ii) $12,500,000 for the nine months ended 2001 September 30, 2008, 2001 and (iii) thereafter $16,500,000 for the twelve months ended December 31, 2008 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.”750,000

Minimum EBITDA. As At any time during the periods ending on the dates set forth below the minimum EBITDA of the end of each of Borrower and its Subsidiaries for the four (4) fiscal quarters beginning with then ending shall not be less than the quarter ended amount set forth below: September 30, 2010, December 31, 2010, March 31, 2011, June 30, 20082011 and September 30, the Borrower shall maintain minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended 2011 $ 7,000,000 December 31, 2011, March 31, 2012, June 30, 2008, (ii) $12,500,000 for the nine months ended 2012 and September 30, 2008, and (iii) $16,500,000 for the twelve months ended 2012 $ 7,250,000 December 31, 2008 2012 and for each trailing twelve month period thereafter to be tested at the last day of each fiscal quarter end.”thereafter $ 7,500,000

Minimum EBITDA. As The Borrower and its consolidated Subsidiaries shall maintain minimum EBITDA, measured as of the end of each fiscal quarter period of its the Borrower, as measured on a rolling four quarter basis, in an amount for such fiscal quarters beginning with the quarter ended set forth below: June 30 and September 30, 2004 $ 11,750,000 December 31, 2004 $ 12,000,000 March 31, 2005 $ 14,500,000 June 30, 2008, the Borrower shall maintain minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended June 30, 2008, (ii) $12,500,000 for the nine months ended September 30, 2008, 2005 and (iii) $16,500,000 for the twelve months ended December 31, 2008 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.”$ 15,000,000

Minimum EBITDA. As of the end of each of its fiscal quarters beginning with the quarter ended June 30, 2008, the Borrower shall maintain minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended June 30, 2008, (ii) $12,500,000 15,000,000 for the nine months ended September 30, 2008, and (iii) $16,500,000 22,500,000 for the twelve months ended December 31, 2008 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.”

Minimum EBITDA. As The Borrowers will maintain, on a consolidated basis and tested as of the end last day of each of its the Borrowers' fiscal quarters beginning with commencing July 31, 2006, minimum EBITDA equal to or exceeding the following levels on a rolling four (4) quarter basis: For the quarter ended June 30ending: July 31, 20082006 $1,200,000 October 31, the Borrower shall maintain minimum EBITDA of not less than the following: (i) 2006 $7,500,000 for the six months ended June 301,300,000 January 31, 2008, (ii) $12,500,000 for the nine months ended September 30, 20082007, and (iii) each quarter thereafter $16,500,000 for the twelve months ended December 31, 2008 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.”1,800,000

Minimum EBITDA. As of the end of each of its fiscal quarters beginning with the quarter ended June 30, 2008, the Borrower shall maintain minimum EBITDA have EBITDA, measured on a fiscal quarter end basis, of not less than then the followingrequired amount set forth in the following table: (i) $7,500,000 for the six months ended June 12 Month Period Ending Applicable Amount on or About ----------------- ----------------------- $ 11,000,000 April 30, 2008, (ii) $12,500,000 for the nine months ended September 30, 2008, 2001 and (iii) $16,500,000 for the twelve months ended December July 31, 2008 2001 $ 12,000,000 October 31, 2001 $ 12,500,000 January 31, 2002 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.”all subsequent quarters

Minimum EBITDA. As The Borrower and each of its Subsidiaries shall not at any time permit EBITDA of the Borrower and each of its Subsidiaries, calculated as of the end of each of its fiscal quarter for the four fiscal quarters beginning with the quarter ended June 30then ended, 2008, the Borrower shall maintain minimum EBITDA of not to be less than the following: (i) $7,500,000 applicable amount set for the six months ended June 30applicable fiscal quarter below: July 1, 20082007 through March 31, (ii) 2008 $12,500,000 for the nine months ended 15,000,000 April 1, 2008 through September 30, 20082008 $17,500,000 October 1, and (iii) $16,500,000 for the twelve months ended December 2008 through March 31, 2008 2009 $20,000,000 April 1, 2009 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.”thereafter $22,500,000

Minimum EBITDA. As of Borrower shall not permit EBITDA at any time to be less than the corresponding amount set forth below, which shall be calculated and tested at the end of each of its fiscal quarters beginning with the quarter ended June Fiscal Quarter on a trailing 4 Fiscal Quarter basis. Closing Date through December 30, 2008, the Borrower shall maintain minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended June 30, 2008, (ii) $12,500,000 for the nine months ended September 30, 2008, and (iii) $16,500,000 for the twelve months ended 2015 $ 90,000,000 December 31, 2008 2015 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.”$ 100,000,000

Minimum EBITDA. As EBITDA, as of the end of each fiscal quarter of its fiscal quarters beginning with the quarter ended June 30Borrower, 2008, the Borrower shall maintain minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended June 30twelve month period ending on such date, 2008during the periods set forth below, (ii) shall be greater than or equal to: PERIOD MINIMUM EBITDA From the Effective Date to December 31, 2001 $12,500,000 for the nine months ended 100,000,000 From January 1, 2002 to September 29, 2002 $105,000,000 From September 30, 20082002 to July 4, 2004 $110,000,000 From July 5, 2004 and (iii) thereafter $16,500,000 for the twelve months ended December 31, 2008 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.”115,000,000

Minimum EBITDA. As of Borrower and its Subsidiaries on a consolidated basis shall have, at the end of each of its fiscal quarters beginning with Fiscal Quarter set forth below, EBITDA for the quarter 12-month period then ended June 30, 2008, the Borrower shall maintain minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended September 30, 2003 $ 37,125,000 December 31, 2003 $ 35,628,000 March 31, 2004 $ 35,445,000 June 30, 2008, (ii) $12,500,000 for the nine months ended 2004 $ 30,000,000 September 30, 2008, and (iii) $16,500,000 for the twelve months ended 2004 $ 28,500,000 December 31, 2008 2004 $ 48,293,000 March 31, 2005 $ 52,445,000 June 30, 2005 $ 58,139,000 September 30, 2005 and for each trailing twelve month period Fiscal Quarter ending thereafter to be tested at each fiscal quarter end.”$ 62,000,000

Minimum EBITDA. As of Borrower shall achieve the following minimum quarterly EBITDA levels, in each case calculated at the end of each of its fiscal quarters beginning with the quarter ended June 30, 2008, the Borrower shall maintain minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended June 30, 2008, (ii) $12,500,000 for the nine months ended September 30, 2008, and (iii) $16,500,000 for the twelve months ended December 31, 2008 and for each trailing twelve month period thereafter to be tested at each referenced fiscal quarter end.”for such quarter then ended: Fiscal Quarter Ending in: Maximum Quarterly EBITDA: October 2009 $ 800,000 January 2010 $ 10,500,000 May 2010 $ 1,500,000 August 2010 $ 2,500,000 October 2010 $ 1,000,000 January 2011 $ 12,500,000 May 2011 $ 2,000,000 July 2011 $ 3,000,000

Minimum EBITDA. As of The Borrower and the end of each of its fiscal quarters beginning with the quarter ended June 30, 2008, the Borrower Guarantors shall maintain have minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended June Period Minimum EBITDA ------ -------------- Semi-annual fiscal period ending May 30, 20081999 $ 4,000,000.00 Nine month fiscal period ending August 29, (ii) 1999 $ 5,500,000.00 Fiscal year ending November 28, 1999 $ 8,000,000.00 Fiscal year ending December 3, 2000 $ 9,000,000.00 Each fiscal year thereafter $12,500,000 for the nine months ended September 30, 2008, and (iii) $16,500,000 for the twelve months ended December 31, 2008 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.”10,000,000.00"

Minimum EBITDA. As of Borrower and its Subsidiaries on a consolidated basis shall have, at the end of each of its fiscal quarters beginning with Fiscal Month set forth below, EBITDA for the quarter 12-month period then ended June 30, 2008, the Borrower shall maintain minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended December 31, 2004 $ 21,303,000 January 31, 2005 $ 18,928,000 February 28, 2005 $ 18,264,000 March 31, 2005 $ 18,228,000 April 30, 2005 $ 18,451,000 May 31, 2005 $ 19,185,000 June 30, 20082005 $ 19,586,000 July 31, (ii) $12,500,000 for the nine months ended 2005 $ 20,244,000 August 31, 2005 $ 21,221,000 September 30, 2008, and (iii) $16,500,000 for the twelve months ended December 31, 2008 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.”2005 $ 23,426,000

Minimum EBITDA. As of the end of each of its fiscal quarters beginning with the quarter ended June 30, 2008, the Borrower shall maintain Maintain at all times a minimum EBITDA of not less than the followingfollowing amounts at the following times: (i) Minimum EBITDA: Fiscal Quarter Ending: $7,500,000 for the six months ended 11,000,000 Closing Date through June 30, 2008, (ii) 1999; $12,500,000 for the nine months ended September 30, 2008, and (iii) 1999; $16,500,000 for the twelve months ended 13,000,000 December 31, 2008 1999; and for each trailing twelve month period thereafter to be tested $14,500,000 March 31, 2000 and at each fiscal quarter endall times thereafter.”

Minimum EBITDA. As of Borrower, on a consolidated basis, will not allow its EBITDA calculated at the end of each of its fiscal quarters beginning with the quarter ended June 30quarter, 2008, the Borrower shall maintain minimum EBITDA of not to be less than the following: than: (i) $7,500,000 850,000 for the six months ended June 30three-month period ending March 31, 2008, 2002; (ii) $12,500,000 1,400,000 for the nine months ended September three-month period ending June 30, 2008, and 2002; (iii) $16,500,000 1,600,000 for the twelve months ended three-month period ending September 30, 2002; and (iv) $1,900,000 for the three-month period ending December 31, 2008 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end2002.”

Minimum EBITDA. As The Borrower and its Subsidiaries, on a Consolidated basis, shall have EBITDA for each period of four consecutive fiscal quarters measured on the end last day of each of its fiscal quarters quarter beginning with the quarter ended June 30, 20082004, the Borrower shall maintain minimum EBITDA of not no less than the following: (i) $7,500,000 amount specified below for the six months ended June 30, 2008, (ii) periods specified below: $12,500,000 for 33,000,000 Closing through 9/30/06 $36,000,000 12/31/06 through the nine months ended September 30, 2008, and (iii) $16,500,000 for the twelve months ended December 31, 2008 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.”Maturity Date

Minimum EBITDA. As The EBITDA of Borrowers shall, as of the end of each of its fiscal quarters beginning with the quarter ended June 30set forth below, 2008, the Borrower shall maintain minimum EBITDA of be not less than the following: (i) $7,500,000 amount set forth below opposite each such fiscal quarter determined based on the EBITDA for the six months ended immediately preceding twelve (12) months: Minimum EBITDA Fiscal Quarter ending September 30, 2002 $13,000,000 Fiscal Quarter ending December 31, 2002 $17,400,000 Fiscal Quarter ending March 31, 2003 $23,000,000 Fiscal Quarter ending June 30, 2008, (ii) 2003 $12,500,000 for the nine months ended September 30, 2008, and (iii) 32,000,000 Each Fiscal Quarter thereafter $16,500,000 for the twelve months ended December 31, 2008 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.36,000,000”

Minimum EBITDA. As of the end of each of its fiscal quarters beginning with the quarter ended June 30, 2008, the Borrower shall maintain minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended at June 30, 2008, (ii) $12,500,000 for the nine months ended 15,000,000 at September 30, 2008, and (iii) $16,500,000 for the twelve months ended 22,500,000 at December 31, 2008 and for each trailing twelve month period thereafter to thereafter. This covenant will be tested at each quarterly beginning with the fiscal quarter endended June 30, 2008.”