Common use of Minimum Fixed Charge Coverage Ratio Clause in Contracts

Minimum Fixed Charge Coverage Ratio. Beginning with the Fiscal Quarter ending January 30, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at the end of each such Fiscal Quarter, a Fixed Charge Coverage Ratio for the trailing 12-month period then ended of not less than 1.10 to 1.00.

Minimum Fixed Charge Coverage Ratio. Beginning with The Loan Parties shall not permit the Fiscal Quarter ending January 30Fixed Charge Coverage Ratio, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at calculated as of the end of each such Fiscal Quarterfiscal quarter, a Fixed Charge Coverage Ratio commencing with the fiscal quarter ending June 30, 2012, in each case for the trailing 12-month period four (4) fiscal quarters then ended of not ended, to be less than 1.10 1.25 to 1.001.0; provided, however, the ratio required to be maintained for any three (3) fiscal quarters, following the execution of the DOJ/EPA Agreements (which Borrower and Administrative Agent expect to occur by December 31, 2012), may be not be less than 1.15 to 1.0.

Minimum Fixed Charge Coverage Ratio. Beginning Commencing with the Fiscal Quarter fiscal quarter ending January 30March 31, 2010 and for each and every Fiscal Quarter ending thereafter2025, permit the Credit Parties on a consolidated basis shall have, at the end of each such Fiscal Quarter, a Fixed Charge Coverage Ratio for Ratio, as of the trailing 12-month four Fiscal Quarter period then ended of not the Borrower ending on the last day of any Fiscal Quarter set forth below, to be less than 1.10 to 1.00.the correlative amount indicated below:

Minimum Fixed Charge Coverage Ratio. Beginning with The Borrower and its Subsidiaries will not permit the Fiscal Quarter ending January 30, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at Fixed Charge Coverage Ratio calculated as of the end of each such Fiscal Quarter, a Fixed Charge Coverage Ratio fiscal quarter of the Borrower during the periods set forth below for the trailing 12-month period four fiscal quarters then ended of not to be less than 1.10 the ratio of (a) 1.35 to 1.00, from and including October 31, 2008 through and including April 30, 2009 and (b) 1.50 to 1.00 from and including July 31, 2009 and thereafter. (r) Sections 11.1(l), (m) and (n) of the Credit Agreement are hereby amended to read as follows:

Minimum Fixed Charge Coverage Ratio. Beginning Commencing with the Fiscal Quarter ending January 30first fiscal quarter following the Fifth Loan Modification Effective Date, 2010 and for each and every Fiscal Quarter ending thereafterachieve, the Credit Parties on a consolidated basis shall havetrailing twelve (12) month basis, at measured on the end last day of each such Fiscal Quarterquarterly period, a Fixed Charge Coverage Ratio for the trailing 12-month period then ended of not less than 1.10 to 1.001.25:1.00.” 3 The Loan Agreement shall be amended by deleting the following definition appearing in Section 13.1 thereof:

Minimum Fixed Charge Coverage Ratio. Beginning with The Loan Parties shall not permit the Fiscal Quarter ending January 30Fixed Charge Coverage Ratio to be less than (i) 1.75 to 1.00, 2010 calculated as of October 28, 2017 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at as of the end of each such Fiscal Quarterfiscal quarter thereafter through and including February 1, a Fixed Charge Coverage Ratio 2020, and (ii) 2.00 to 1.00, calculated as of May 2, 2020 and as of the end of each fiscal quarter thereafter, in each case for the trailing 12-month period four (4) fiscal quarters then ended of not less than 1.10 to 1.00ended.

Minimum Fixed Charge Coverage Ratio. Beginning Commencing with the Fiscal Quarter ending January 30first full fiscal quarter following the Fourth Loan Modification Effective Date, 2010 and for each and every Fiscal Quarter ending thereafterachieve, the Credit Parties on a consolidated basis shall havetrailing three month basis, at measured on the end last day of each such Fiscal Quartermonthly period, a Fixed Charge Coverage Ratio for the trailing 12-month period then ended of not less than 1.10 to 1.00.1.25:1.00. 4 The Loan Agreement shall be amended by deleting the following text appearing as Section 7.7 thereof:

Minimum Fixed Charge Coverage Ratio. Beginning with Permit the Fiscal Quarter ending January 30, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at the end of each such Fiscal Quarter, a Fixed Charge Coverage Ratio to be less than the following ratios for the trailing 12-month period then ended of not less than 1.10 following fiscal quarters: Each fiscal quarter ending on or prior to March 31, 2008 3.00 to 1.00 Each fiscal quarter ending after March 31, 2008 but on or prior to December 31, 2008 3.25 to 1.00 Each fiscal quarter ending after December 31, 2008 3.50 to 1.00.

Minimum Fixed Charge Coverage Ratio. Beginning with the Fiscal Quarter ending January 30, 2010 Borrower and for each and every Fiscal Quarter ending thereafter, the Credit Parties its Subsidiaries shall have on a consolidated basis shall have, at the end of each such Fiscal QuarterQuarter set forth below, a Fixed Charge Coverage Ratio for the trailing 12-month period then ended ending on the last day of such Fiscal Quarter of not less than 1.10 to 1.00.the following: three-month period ending March 31, 2007 1.2:1.0 six-month period ending June 30, 2007 1.2:1.0 nine-month period ending September 30, 2007 1.2:1.0 twelve-month period ending December 31, 2007 1.2:1.0 Each twelve-month period ending each Fiscal Quarter thereafter 1.2:1.0

Minimum Fixed Charge Coverage Ratio. Beginning with the Fiscal Quarter ending January 30, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis The Borrower shall have, at the end of each such Fiscal Quarter, maintain a Fixed Charge Coverage Ratio Ratio, determined on the last day of each Fiscal Quarter set forth below for the trailing 12-month period then ended four Fiscal Quarters ending on such date, of not less than 1.10 at least the minimum ratio set forth below opposite such Fiscal Quarter: Minimum Fixed Fiscal Quarter Charge Ratio -------------- ------------ March 31, 2008 1.15 to 1.00.1 June 30, 2008 1.15 to 1 September 30, 2008 1.20 to 1 December 31, 2008 1.20 to 1 March 31, 2009 1.20 to 1 June 30, 2009 1.20 to 1 September 30, 2009 1.25 to 1

Minimum Fixed Charge Coverage Ratio. Beginning with the Fiscal Quarter ending January 30, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at the end of each such Fiscal Quarter, a Borrower's Fixed Charge Coverage Ratio for the trailing 12-month each period then ended of shown below shall be not less than 1.10 to 1.00.the ratio shown below for such period: Fiscal quarter ending June 30, 1997 - 0.85:1.0 Fiscal quarter ending September 30, 1997 - 1.05:1.0 Fiscal quarter ending December 31, 1997 - 1.20:1.0 Fiscal quarter ending March 31, 1998 - 1.45:1.0

Minimum Fixed Charge Coverage Ratio. Beginning with Commencing on the Fiscal Quarter ending January 30ended March 31, 2010 and for each and every Fiscal Quarter ending thereafter2025, the Credit Parties on a consolidated basis shall have, at the end of each such Fiscal Quarter, maintain a Fixed Charge Coverage Ratio for the trailing 12Ratio, measured on a Fiscal Quarter-month period then ended end basis, of not less than 1.10 to 1.00.the applicable ratio set forth in the following table for the applicable date set forth opposite thereto: March 31, 2025 1.15:1.00 June 30, 2025 and each Fiscal Quarter thereafter 1.25:1.00

Minimum Fixed Charge Coverage Ratio. Beginning with The Borrower and its consolidated Subsidiaries will not permit the Fiscal Quarter ending January 30Fixed Charge Coverage Ratio, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at calculated as of the end of each such Fiscal Quarterfiscal quarter of the Borrower commencing with the fiscal quarter ended April 30, a Fixed Charge Coverage Ratio 1997, and in accordance with Section 1.4, for the trailing 12-month period four fiscal quarters of the Borrower then ended of not to be less than 1.10 to 1.00.the ratio set forth below for the applicable fiscal quarter end:

Minimum Fixed Charge Coverage Ratio. Beginning with The Loan Parties shall not permit the Fiscal Quarter ending January 30Fixed Charge Coverage Ratio, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at calculated as of the end of each such Fiscal Quarter, a Fixed Charge Coverage Ratio for the trailing 12-month period then ended of not fiscal quarter to be less than 1.10 to 1.00.the ratios set forth below. Quarter Ratio ------- ----- 1st fiscal quarter of each fiscal year 1.35-to-1.0 2nd fiscal quarter of each fiscal year 1.35-to-1.0 3rd fiscal quarter of each fiscal year 1.20-to-1.0 4th quarter of fiscal year 1998 1.50-to-1.0 4th quarter of fiscal years 1999 and thereafter 1.40-to-1.0

Minimum Fixed Charge Coverage Ratio. Beginning with The Borrower shall not permit the Fiscal Quarter ending January 30Fixed Charge Coverage Ratio, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, as determined at the end of each such Fiscal Quarter, a Fixed Charge Coverage Ratio any fiscal quarter for the trailing 12-month period then ended preceding four fiscal quarters (or, if less, the number of not full fiscal quarters elapsed since the Initial Funding Date) to be less than the ratio set forth opposite the month in which such fiscal quarter ends: Quarter Ended Minimum Ratio January 1996 0.75 to 1.00 April 1996 1.00 to 1.00 July 1996 1.10 to 1.00 October 1996 1.15 to 1.00 January 1997 and thereafter 1.25 to 1.00.

Minimum Fixed Charge Coverage Ratio. Beginning Commencing with the Fiscal Quarter fiscal quarter ending January 30March 31, 2010 2007 and for continuing each and every Fiscal Quarter ending fiscal quarter thereafter, the Credit Loan Parties on a consolidated basis shall havenot permit the Fixed Charge Coverage Ratio, at calculated as of the end of each such Fiscal Quarter, a Fixed Charge Coverage Ratio said fiscal quarter for the trailing 12-month period four (4) fiscal quarters then ended of not ended, to be less than 1.10 the minimum ratio specified below during the period specified below: Period Minimum Ratio March 31, 2007 1.25 to 1.00.1.0 June 30, 2007 and thereafter 1.40 to 1.0"

Minimum Fixed Charge Coverage Ratio. Beginning with The Loan Parties shall not permit the Fiscal Quarter ending January 30Fixed Charge Coverage Ratio to be less than (i) 1.75 to 1.00, 2010 calculated as of October 28, 2017 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at as of the end of each such Fiscal Quarterfiscal quarter thereafter through and including February 1, a Fixed Charge Coverage Ratio 2020, and (ii) 1.501.25 to 1.00, calculated as of May 2, 2020 for the trailing 12-month period four (4) fiscal quarters then ended of not less than 1.10 and (ii) 1.05 to 1.00, calculated as of August 1, 2020 and as of the end of each fiscal quarter thereafter, in each case for the four (4) fiscal quarters then ended.

Minimum Fixed Charge Coverage Ratio. Beginning Borrower and its Subsidiaries shall have, on a consolidated basis at the end of each Fiscal Quarter, commencing with the Fiscal Quarter ending January 30March 31, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at the end of each such Fiscal Quarter2006, a Fixed Charge Coverage Ratio for the trailing 12-month period then ended of not less than 1.10 to 1.001.50:1.0; provided, however, that for the purpose of calculating the Fixed Charge Coverage Ratio for the Fiscal Quarters ending March 31, 2006, June 30, 2006 and September 30, 2006, EBITDA and Fixed Charges shall be measured for the period commencing on January 1, 2006 and ending on the last day of such Fiscal Quarter.

Minimum Fixed Charge Coverage Ratio. Beginning with the Fiscal Quarter ending January 30, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at the end of each such Fiscal Quarter, a The Fixed Charge Coverage Ratio Ratio, as determined as of the last day of each fiscal quarter of the Borrower set forth below for the trailing 12-twelve month period then ended of not ending on such date (or if the period from January 1, 1997 to such date is less than 1.10 to 1.00.twelve months, such shorter period), shall not be less than the minimum ratio set forth opposite such fiscal quarter: Fiscal Quarter Minimum Ratio

Minimum Fixed Charge Coverage Ratio. Beginning with the Fiscal Quarter ending January 30, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at the end of each such Fiscal Quarter, a A minimum Fixed Charge Coverage Ratio as at the last day of each period of four consecutive fiscal quarters of 1.25 to 1.0, except such ratio shall not be tested for the trailing 12-month period then ended of not less than 1.10 fiscal quarter ending on December 31, 2012.” 3.4 Section 6.13 (Minimum Equity Infusion). A new Section 6.13 is hereby added to 1.00.the Loan Agreement following Section 6.12, as follows:

Minimum Fixed Charge Coverage Ratio. Beginning with the Fiscal Quarter ending January 30, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis Borrower shall have, have at the end of each such Fiscal QuarterQuarter set forth below, a Fixed Charge Coverage Ratio for the trailing 12-month period then ended of not less than 1.10 to 1.00.the following: Fiscal Quarter Ending Fixed Charge Coverage Ratio September 30, 2000 1.1:1 December 31, 2000 1.1:1 March 31, 2001 1.1:1 June 30, 2001 1.1:1 September 30, 2001 1.1:1 December 31, 2001 1.1:1 March 31, 2002 1.1:1 June 30, 2002 1.1:1 September 30, 2002 1.1:1

Minimum Fixed Charge Coverage Ratio. Beginning with the Fiscal Quarter ending January 30, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at At the end of each such Fiscal Quarterfiscal quarter occurring during the periods indicated below, a the Borrower shall not permit the Fixed Charge Coverage Ratio for (as calculated on the trailing 12-month period then ended last Business Day of not each such fiscal quarter) to be less than 1.10 the ratio set forth below opposite the period in which such fiscal quarter occurs: From and including the Agreement Date to 1.00.and including October 31, 1999 1.50 to 1 From and including November 1, 1999 and thereafter 1.25 to 1

Minimum Fixed Charge Coverage Ratio. Beginning with The Borrower shall not permit, as of the last day of any Fiscal Quarter of the Borrower, the Fixed Charge Coverage Ratio of the Loan Parties, on a consolidated basis, for the most recent ended four (4) consecutive Fiscal Quarters to be less than: (i) 1.85 to 1.00 beginning February 3, 2007, and as of the last day of each Fiscal Quarter thereafter, through and including the Fiscal Quarter ending January 30October 31, 2010 2009; and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at the end of each such Fiscal Quarter, a Fixed Charge Coverage Ratio for the trailing 12-month period then ended of not less than 1.10 to 1.00.(ii)

Minimum Fixed Charge Coverage Ratio. Beginning with Borrower shall not permit the Fiscal Quarter ending January 30, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at the end of each such Fiscal Quarter, a Fixed Charge Coverage Ratio calculated as of the last day of each fiscal quarter, to be less than 1.10 to 1.00 for the trailing following periods: (i) the 6-month period ending June 30, 2022, (ii) the 9-month period ending September 30, 2022, (iii) the 12-month period then ended of not less than 1.10 to 1.00ending December 31, 2022 and continuing thereafter for each subsequent fiscal quarter.”

Minimum Fixed Charge Coverage Ratio. Beginning with The Loan Parties shall not permit the Fiscal Quarter ending January 30Fixed Charge Coverage Ratio, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at calculated as of the end of each such Fiscal Quarter, a Fixed Charge Coverage Ratio fiscal quarter for the trailing 12-month period four fiscal quarters then ended of not less than ended, to exceed the ratio set forth below for the periods specified below: Period Ratio ------ ----- Closing Date to 6/29/02 1.25 to 1.0 6/30/02 to 6/29/03 1.10 to 1.00.1.0

Minimum Fixed Charge Coverage Ratio. Beginning with The Borrower shall not permit, for the Fiscal Quarter fiscal quarter ending January March 31, 2001, the two consecutive fiscal quarters ending June 30, 2010 2001, the three consecutive fiscal quarters ending September 30, 2001 and for each and every Fiscal Quarter period of four consecutive fiscal quarters ending thereafter, the Credit Parties on a consolidated basis shall have, at the end of each such Fiscal Quarter, a Fixed Charge Coverage Ratio for the trailing 12-month period then ended of not to be less than 1.10 to 1.001.10:1.00.

Minimum Fixed Charge Coverage Ratio. Beginning with The Loan Parties shall not permit the Fiscal Quarter ending January 30ratio of Consolidated Earnings Available for Fixed Charges to Consolidated Fixed Charges, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at calculated as of the end of each such Fiscal Quarter, a Fixed Charge Coverage Ratio fiscal quarter for the trailing 12-month period four fiscal quarters then ended of not ended, to be less than 1.10 1.30 to 1.001.0 for the fiscal quarter ending September 30, 1998, 1.20 to 1.0 for the fiscal quarter ending December 31, 1998 or 1.30 for any fiscal quarter ending after January 1, 1999."

Minimum Fixed Charge Coverage Ratio. Beginning with The Domestic Borrower and its Subsidiaries shall not permit the Fiscal Quarter ending January 30, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at the end of each such Fiscal Quarter, a Fixed Charge Coverage Ratio to be less than 1.25 to 1.0 for each fiscal quarter ending on or before December 31, 2008, and 1.50 to 1.0 for the trailing 12-month period then ended of not less than 1.10 fiscal quarter ending March 31, 2009 and thereafter.” (l) Amendment to 1.00.Section 6.15. Section 6.15 is hereby amended by restating Section 6.15 in its entirety to read as follows:

Minimum Fixed Charge Coverage Ratio. Beginning with Permit the Fiscal Quarter ending January 30, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at the end of each such Fiscal Quarter, a Fixed Charge Coverage Ratio to be less than the following ratios for the trailing 12-month period then ended of not less than 1.10 following fiscal quarters: Fiscal quarter ending December 31, 2006 2.00 to 1.00 Fiscal quarter ending March 31, 2007 2.00 to 1.00 Fiscal quarter ending June 30, 2007 2.25 to 1.00 Fiscal quarter ending September 30, 2007 and each fiscal quarter ending thereafter 3.00 to 1.00.

Minimum Fixed Charge Coverage Ratio. Beginning with The Borrower will not permit the Fiscal Quarter ending January 30Fixed Charge Coverage Ratio, 2010 calculated for the Borrower and for each and every Fiscal Quarter ending thereafter, the Credit Parties its Subsidiaries on a consolidated basis shall havebasis, at determined for the period of four (4) consecutive fiscal quarters then ending as of the end of each such Fiscal Quarterof its fiscal quarters ending on and after March 31, a 2008, to be less than 2.25 to 1.0; provided that for the period of four (4) consecutive fiscal quarters ending on October 3, 2008, the Borrower will not permit the Fixed Charge Coverage Ratio for the trailing 12-month period then ended of not Ratio, to be less than 1.10 1.75 to 1.001.0.”

Minimum Fixed Charge Coverage Ratio. Beginning with The Borrower, as of the Fiscal Quarter ending January 30close of any fiscal quarter of the Borrower, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at the end of each such Fiscal Quarter, a will not permit its Fixed Charge Coverage Ratio for the trailing 12-month period then ended of not ratio to be less than 1.10 (i) 1.0 to 1.001 for each of the Borrower's fiscal quarters ended September 30, 1998, December 31, 1998, March 31, 1999 and June 30, 1999, and (ii) 1.25 to 1 for each fiscal quarter of the Borrower thereafter.

Minimum Fixed Charge Coverage Ratio. Beginning with the Fiscal Quarter ending January 30, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at As of the end of each such Fiscal Quarterfiscal quarter, a commencing with the end of the fiscal quarter ending March 31, 2003, the Guarantor will not permit the Fixed Charge Coverage Ratio for (as such term is defined in the trailing 12-month period then ended of not Caraustar Credit Agreement) to be less than 1.10 to 1.00.than: Period Ratio fiscal quarter ending March 31, 2003 0.95:1.0 fiscal quarter ending June 30, 2003 0.85:1.0 fiscal quarter ending September 30, 2003 0.85:1.0 fiscal quarter ending December 31, 2003 1.05:1.0 fiscal quarter ending March 31, 2004 and each 1.50:1.0 fiscal quarter thereafter

Minimum Fixed Charge Coverage Ratio. Beginning As of the end of each fiscal quarter, commencing with the Fiscal Quarter end of the fiscal quarter ending January 30March 31, 2010 and for each and every Fiscal Quarter ending thereafter2003, the Credit Parties on a consolidated basis shall have, at will not permit the end of each such Fiscal Quarter, a Fixed Charge Coverage Ratio for the trailing 12-month period then ended of not to be less than 1.10 to 1.00.than: Period Ratio ------ ----- fiscal quarter ending March 31, 2003 0.95:1.0 fiscal quarter ending June 30, 2003 0.85:1.0 fiscal quarter ending September 30, 2003 0.85:1.0 fiscal quarter ending December 31, 2003 1.05:1.0 fiscal quarter ending March 31, 2004 and each 1.50:1.0 fiscal quarter thereafter

Minimum Fixed Charge Coverage Ratio. Beginning with The Loan Parties shall not permit the Fiscal Quarter ending January 30Fixed Charge Coverage Ratio to be less than (i) 1.75 to 1.00, 2010 calculated as of October 28, 2017 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at as of the end of each such Fiscal Quarterfiscal quarter thereafter through and including February 1, a Fixed Charge Coverage Ratio 2020, and (ii) 1.50 to 1.00, calculated as of May 2, 2020 and as of the end of each fiscal quarter thereafter, in each case for the trailing 12-month period four (4) fiscal quarters then ended of not less than 1.10 to 1.00ended.” (G) The following new Section 10.18 is hereby added, immediately following Section 10.17:

Minimum Fixed Charge Coverage Ratio. Beginning with Permit, as of the Fiscal Quarter ending January 30last day of any fiscal quarter during any period set forth below, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at the end of each such Fiscal Quarter, a Borrower's Fixed Charge Coverage Ratio for the trailing 12-month three consecutive months ending with such quarter end, to be less the ratio set forth opposite such period then ended of not less than below: Period Fixed Charge Coverage Ratio ------ --------------------------- April 1, 1999 through June 30, 1999 0.80 to 1.0 July 1, 1999 through September 30, 1999 1.10 to 1.00.1.0 October 1, 1999 through December 31, 1999 1.15 to 1.0 March 31, 2000 and each quarter thereafter 1.25 to 1.0

Minimum Fixed Charge Coverage Ratio. Beginning with the Fiscal Quarter ending January 30, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at the end of each such Fiscal Quarter, a A minimum Fixed Charge Coverage Ratio as at the last day of each period of four consecutive fiscal quarters of 1.25 to 1.0, except such ratio shall not be tested for the trailing 12-month period then ended fiscal quarter ending on March 31, 2013.” 1.3 Section 6.13 (Minimum Equity Infusion). Section 6.13 of not less than 1.10 to 1.00.the Loan Agreement is hereby amended and restated in its entirety as follows:

Minimum Fixed Charge Coverage Ratio. Beginning with The Loan Parties shall not permit the Fiscal Quarter ending January 30Fixed Charge Coverage Ratio to be less than (i) 1.10 to 1.00, 2010 calculated as of March 31, 2013 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at the end of each such Fiscal Quarterfiscal quarter thereafter through and including June 30, a Fixed Charge Coverage Ratio 2014, in each case for the trailing 12-month period four (4) fiscal quarters then ended of not less than 1.10 ended, and (ii) 1.20 to 1.00, calculated as of September 30, 2014 and the end of each fiscal quarter thereafter, in each case for the four (4) fiscal quarters then ended.

Minimum Fixed Charge Coverage Ratio. Beginning with The Borrower shall not permit the Fiscal Quarter Fixed Charge Coverage Ratio to be less than (a) 1.00 to 1 for the fiscal quarters ending January June 30, 2010 1999 and for each September 30, 1999 and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, (b) 1.25 to 1 at the end of each such Fiscal Quarter, a Fixed Charge Coverage Ratio for any fiscal quarter thereafter." (b) Section 7.13 of the trailing 12-month period then ended of not less than 1.10 Credit Agreement is hereby amended to 1.00.read as follows:

Minimum Fixed Charge Coverage Ratio. Beginning with The Loan Parties shall not permit the Fiscal Quarter ending January 30Fixed Charge Coverage Ratio, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at calculated as of the end of each such Fiscal Quarter, a Fixed Charge Coverage Ratio fiscal quarter for the trailing 12-month period preceding four (4) fiscal quarters then ended of not ended, to be less than 1.10 the following: Fiscal Quarter Ending Ratio --------------------- ----- December 31, 2001 through 1.20 to 1.00.1.0 and including June 30, 2003 September 30, 2003 and each 1.50 to 1.0 quarter thereafter" e) Section 8.2.17 is deleted and restated in its entirety as follows:

Minimum Fixed Charge Coverage Ratio. Beginning with Permit the Fiscal Quarter ending January 30, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at the end of each such Fiscal Quarter, a Fixed Charge Coverage Ratio Ratio, determined as of the last day of any fiscal quarter of Borrower (measured on a rolling four quarter basis for the trailing 12-month period then ended of not four fiscal quarters), to be less than 1.10 (1) for the fiscal quarter ending on March 31, 2007 1.30 to 1.00, (2) for each fiscal quarter beginning with the fiscal quarter ending on June 30, 2007 and ending on or prior to March 31, 2008, 1.20 to 1.00, and (3) for each fiscal quarter thereafter, 1.50 to 1.00.”

Minimum Fixed Charge Coverage Ratio. Beginning Commencing with the Fiscal Quarter fiscal quarter ending January 30March 31, 2010 and for each and every Fiscal Quarter ending thereafter2011, the Credit Loan Parties on a consolidated basis shall havenot permit the Fixed Charge Coverage Ratio, at calculated as of the end of each such Fiscal Quarterfiscal quarter for the most recent four (4) fiscal quarters then ended, to be less than 1.75 to 1.0. Prior to March 31, 2011, the Loan Parties shall not be required to maintain a Minimum Fixed Charge Coverage Ratio for the trailing 12-month period then ended of not less than 1.10 to 1.00Ratio.” (D) Section 8.2(o) [Maximum Leverage Ratio] is hereby amended and restated as follows:

Minimum Fixed Charge Coverage Ratio. Beginning with The Borrower will not permit the Fiscal Quarter ending January 30Fixed Charge Coverage Ratio, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at as of the end of each such Fiscal Quarterany fiscal quarter during any period set forth below, a Fixed Charge Coverage Ratio for the trailing 12-month period then ended of not to be less than 1.10 the ratio set forth below opposite such period: September 30, 2027 0.75 to 1.00 December 31, 2027 0.80 to 1.00 June 30, 2028 and each fiscal quarter ending thereafter 1.00 to 1.00.

Minimum Fixed Charge Coverage Ratio. Beginning with The Borrower shall not permit the Fiscal Quarter ending January 30, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at the end of each such Fiscal Quarter, a Fixed Charge Coverage Ratio to be less than the ratio set forth below for the trailing 12-month period then ended periods specified below: Period Ratio ------ ----- Fiscal Quarter Ended January 1, 1998 .75:1.0 The Two Consecutive Fiscal Quarters Ending April 2, 1998 .85:1.0 The Three Consecutive Fiscal Quarters Ending July 2, 1998 .875:1.0 Fiscal Year Ending September 30, 1998 .90:1.0 Four Consecutive Fiscal Quarters Ending at the End of not less than 1.10 to 1.00.Each Subsequent Fiscal Quarter 1.0:1.0

Minimum Fixed Charge Coverage Ratio. Beginning with The Loan Parties shall not permit the Fiscal Quarter ending January Fixed Charge Coverage Ratio to be less than (i) 1.15 to 1.00, calculated as of June 30, 2010 2017 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at as of the end of each such Fiscal Quarterfiscal quarter thereafter through and including the fiscal quarter ending December 31, a Fixed Charge Coverage Ratio 2020, in each case for the trailing 12-month period four (4) fiscal quarters then ended of not less than 1.10 and (ii) 1.20 to 1.00, calculated as of March 31, 2021 and as of the end of each fiscal quarter thereafter, in each case for the four (4) fiscal quarters then ended.

Minimum Fixed Charge Coverage Ratio. Beginning with The Borrower will not permit the Fiscal Quarter ending January 30Fixed Charge Coverage Ratio, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at determined as of the end of each such Fiscal Quarterof its fiscal quarters ending before March 31, a Fixed Charge Coverage Ratio 2008 for the trailing 12-month period of four (4) consecutive fiscal quarters then ended of not ending, calculated for the Borrower and its Subsidiaries on a consolidated basis, to be less than 1.10 2.0 to 1.001.0, or for each of its fiscal quarters ending on and after March 31, 2008, for the period of four (4) consecutive fiscal quarters then ending, calculated for the Borrower and its Subsidiaries on a consolidated basis, to be less than 2.25 to 1.0.