Common use of Total Debt to EBITDA Clause in Contracts

Total Debt to EBITDA. The Parent will not permit the ratio of Total Debt as at the end of each fiscal quarter of the Parent to EBITDA for the period of the four fiscal quarters of the Parent ended on such date (taken as a single accounting period) to exceed for each such date prior to June 30, 2002, the ratio applicable to such date in the table set forth below, and if such date is on or after June 30, 2002, the lesser of (i) the Experience-Based Ratio at such date and (ii) the ratio applicable to such date in the table set forth below: If such date is: The applicable ratio is: On December 31, 2001 6.00:1 On March 31, 2002 5.75:1 On June 30, 2002 5.50:1 On September 30, 2002, December 31, 2002 and March 31, 2003 5.25:1 On June 30, 2003 5.00:1 On September 30, 2003 4.75:1 On December 31, 2003 4.50:1 On March 31, 2004 4.25:1 On June 30, 2004 4.00:1 On September 30, 2004, December 31, 2004, March 31, 2005 and June 30, 2005 3.50:1 On September 30, 2005 and at any time thereafter 3.25:1

Total Debt to EBITDA. The As of the end of each Fiscal Quarter during the periods set forth below beginning with the Fiscal Quarter ending March 31, 1998, Parent will shall not permit the ratio of Total Debt of Parent determined on a consolidated basis which is outstanding as at of the date of determination to EBITDA for the twelve (12) month period (or portion thereof since the Closing Date) then ending to exceed the ratio set forth below opposite the applicable period below: Period Ratio ------ ----- March 31, 1998 through June 30, 1998 4.95 to 1.00 July 1, 1998 through September 30, 1998 4.68 to 1.00 October 1, 1998 through December 31, 1998 4.40 to 1.00 January 1, 1999 through June 30, 1999 4.13 to 1.00 July 1, 1999 through September 30, 1999 3.85 to 1.00 October 1, 1999 through December 31, 1999 3.58 to 1.00 January 1, 2000 through June 30, 2000 3.30 to 1.00 July 1, 2000 through September 30, 2000 3.03 to 1.00 October 1, 2000 and the end of each fiscal quarter of the Parent Fiscal Quarter thereafter 2.75 to EBITDA for the period of the four fiscal quarters of the Parent ended on such date (taken as a single accounting period) to exceed for each such date prior to June 30, 2002, the ratio applicable to such date in the table set forth below, and if such date is on or after June 30, 2002, the lesser of (i) the Experience-Based Ratio at such date and (ii) the ratio applicable to such date in the table set forth below: If such date is: The applicable ratio is: On December 31, 2001 6.00:1 On March 31, 2002 5.75:1 On June 30, 2002 5.50:1 On September 30, 2002, December 31, 2002 and March 31, 2003 5.25:1 On June 30, 2003 5.00:1 On September 30, 2003 4.75:1 On December 31, 2003 4.50:1 On March 31, 2004 4.25:1 On June 30, 2004 4.00:1 On September 30, 2004, December 31, 2004, March 31, 2005 and June 30, 2005 3.50:1 On September 30, 2005 and at any time thereafter 3.25:11.00