Common use of TTM EBITDA Clause in Contracts

TTM EBITDA. Permit TTM EBITDA of the Parent and its Subsidiaries as the last day of any fiscal quarter set forth below to be less than the applicable amount set forth opposite such date: Fiscal Quarter End TTM EBITDA June 30, 2007 $ 21,000,000 September 30, 2007 $ 20,300,000 December 31, 2007 $ 20,000,000 March 31, 2008 $ 21,000,000 June 30, 2008 $ 21,700,000 September 30, 2008 $ 21,900,000 December 31, 2008 $ 21,900,000 March 31, 2009 $ 22,800,000 June 30, 2009 $ 23,000,000 September 30, 2009 $ 23,300,000 December 31, 2009 and the last day of each fiscal quarter of Parent thereafter $ 23,500,000 (d) Capital Expenditures. Make Capital Expenditures in any Fiscal Year in excess of the amount set forth in the following table for the applicable period: Fiscal Year 2007 $ 3,700,000 Fiscal Year 2008 $ 4,300,000 Fiscal Year 2009 $ 4,300,000 Fiscal Year 2010 $ 4,300,000 Fiscal Year 2011 $ 4,300,000 provided that if the amount of the Capital Expenditures permitted to be made in any calendar year as set forth in the above table is greater than the actual amount of the Capital Expenditures actually made in such calendar year (such amount, the “Excess Amount”), then 100% of such Excess Amount (the “Carry-Over Amount”) may be carried forward to the next succeeding calendar year; provided further that the Carry-Over Amount applicable to one calendar year may not be carried forward to another calendar year.

TTM EBITDA. Permit TTM EBITDA of the Parent and its Subsidiaries as the last day of any fiscal quarter set forth below to be less than the applicable amount set forth opposite such date: Fiscal Quarter End TTM EBITDA June 30, 2007 $ 21,000,000 September 30, 2007 $ 20,300,000 December 31, 2007 $ 20,000,000 March 31, 2008 $ 21,000,000 12,717,000 June 30, 2008 $ 21,700,000 12,527,000 Fiscal Quarter End TTM EBITDA September 30, 2008 $ 21,900,000 15,133,000 December 31, 2008 $ 21,900,000 18,053,000 March 31, 2009 $ 22,800,000 18,172,000 June 30, 2009 $ 23,000,000 18,481,000 September 30, 2009 $ 23,300,000 18,856,000 December 31, 2009 $ 19,246,000 March 31, 2010 $ 19,374,000 June 30, 2010 $ 19,704,000 September 30, 2010 $ 20,105,000 December 31, 2010 and the last day of each fiscal quarter of Parent thereafter $ 23,500,000 20,523,000 (d) Capital Expenditures. Make Capital Expenditures in any Fiscal Year in excess of the amount set forth in the following table for the applicable period: Fiscal Year 2007 $ 3,700,000 Fiscal Year 2008 $ 4,300,000 Fiscal Year 2009 $ 4,300,000 Fiscal Year 2010 $ 4,300,000 Fiscal Year 2011 $ 4,300,000 provided that if the amount of the Capital Expenditures permitted to be made in any calendar year as set forth in the above table is greater than the actual amount of the Capital Expenditures actually made in such calendar year (such amount, the “Excess Amount”), then 100% of such Excess Amount (the “Carry-Over Amount”) may be carried forward to the next succeeding calendar year; provided further that the Carry-Over Amount applicable to one calendar year may not be carried forward to another calendar year.”