Common use of Ratio of Total Debt to EBITDA Clause in Contracts

Ratio of Total Debt to EBITDA. The Parent Guarantor will not, as of any date of determination, permit its ratio of Total Debt as of such day to EBITDA for the four fiscal quarters ending on the last day of the fiscal quarter immediately preceding such date of determination for which financial statements are available to be greater than: (i) for the period beginning on the Closing Date through December 31, 2008: 4.0:1, (ii) for the period beginning after December 31, 2008 through December 31, 2009: 3.75:1, and