Common use of Positive EBITDA Clause in Contracts

Positive EBITDA. Without limiting the provisions of Section 9.12 and only so long as Phase II shall not have theretofore occurred, the Borrower shall fail to have positive Consolidated EBITDA for either its fiscal quarter ending March 31, 2003 or June 30, 2003; or

Positive EBITDA. Without limiting the provisions of Section 9.12 and only so long as Phase II shall not have theretofore occurred, the Borrower shall fail to have positive Consolidated EBITDA for either its the fiscal quarter quarters ending March 31, 2003 or June 30, 2003 and September 30, 2003; ;". 18. Section 10 of the Credit Agreement is further amended by (i) inserting the word "or" at the end of Section 10.13 thereof and (ii) inserting the following new Section 10.14 immediately following such Section 10.13: