Common use of Consolidated Adjusted EBITDA Clause in Contracts

Consolidated Adjusted EBITDA. Company shall not permit Consolidated Adjusted EBITDA as at the end of any Fiscal Quarter, beginning with the Fiscal Quarter ending April 30, 2006, for the four Fiscal Quarter period then ended to be less than the correlative amount indicated: CONSOLIDATED FISCAL QUARTER ADJUSTED EBITDA -------------- --------------- April 30, 2006 $13,100,000 July 31, 2006 $14,900,000 October 31, 2006 $17,500,000 January 31, 2007 $20,400,000 April 30, 2007 $22,400,000 July 31, 2007 $23,100,000 October 31, 2007 $23,300,000 January 31, 2008 $23,600,000 April 30, 2008 $23,800,000 July 31, 2008 $24,100,000 October 31, 2008 $24,900,000 January 31, 2009 $25,500,000 April 30, 2009 $25,900,000 On July 31, 2009 and at $26,000,000 the end of each Fiscal Quarter thereafter

Consolidated Adjusted EBITDA. Company shall not permit Consolidated Adjusted EBITDA as at the end of any Fiscal Quarter, beginning with the Fiscal Quarter ending April 30, 2006, for the four Fiscal Quarter period then ended to be less than the correlative amount indicated: CONSOLIDATED FISCAL QUARTER ADJUSTED indicated below (with corresponding calendar quarters also included as reference): Fiscal Quarter EndingConsolidated Adjusted EBITDA -------------- --------------- April (in thousands) September 30, 2006 2020 ($13,100,000 July 11,179) December 31, 2006 2020 ($14,900,000 October 10,858) March 31, 2006 2021 ($17,500,000 January 10,970) June 30, 2021 ($10,888) September 30, 2021 ($11,401) December 31, 2007 2021 ($20,400,000 April 11,038) March 31, 2022 ($11,347) June 30, 2007 2022 ($22,400,000 July 10,788) September 30, 2022 ($10,573) December 31, 2007 2022 ($23,100,000 October 10,527) March 31, 2007 2023 ($23,300,000 January 31, 2008 $23,600,000 April 10,694) June 30, 2008 2023 ($23,800,000 July 31, 2008 $24,100,000 October 31, 2008 $24,900,000 January 31, 2009 $25,500,000 April 30, 2009 $25,900,000 On July 31, 2009 and at $26,000,000 the end of each Fiscal Quarter thereafter10,274) ​

Consolidated Adjusted EBITDA. Company Holdings shall not permit Consolidated Adjusted EBITDA as at the end of any Fiscal Quarter, beginning with the Fiscal Quarter ending April 30March 31, 20062017, for the four Fiscal Quarter period then ended to be less than the correlative amount indicated: CONSOLIDATED FISCAL QUARTER ADJUSTED Fiscal Quarter Consolidated Adjusted EBITDA -------------- --------------- April March 31, 2017 $ 13,250,000 June 30, 2006 $13,100,000 July 2017 $ 13,250,000 September 30, 2017 $ 13,250,000 December 31, 2006 $14,900,000 October 2017 $ 13,250,000 March 31, 2006 $17,500,000 January 2018 $ 13,500,000 June 30, 2018 $ 13,500,000 September 30, 2018 $ 14,000,000 December 31, 2007 $20,400,000 April 2018 $ 14,000,000 March 31, 2019 $ 14,500,000 June 30, 2007 $22,400,000 July 2019 $ 14,500,000 September 30, 2019 $ 15,000,000 December 31, 2007 $23,100,000 October 2019 $ 15,000,000 March 31, 2007 $23,300,000 January 31, 2008 $23,600,000 April 2020 $ 15,000,000 June 30, 2008 $23,800,000 July 31, 2008 $24,100,000 October 31, 2008 $24,900,000 January 31, 2009 $25,500,000 April 2020 $ 15,000,000 September 30, 2009 $25,900,000 On July 31, 2009 2020 and at $26,000,000 the end of each Fiscal Quarter thereafterending thereafter $ 15,000,000

Consolidated Adjusted EBITDA. Company Holdings shall not permit Consolidated Adjusted EBITDA as at the end of any Fiscal Quarter, beginning with the Fiscal Quarter ending April 30January 2, 20062011, for the four four-Fiscal Quarter period then ended to be less than the correlative amount indicated: CONSOLIDATED FISCAL QUARTER ADJUSTED EBITDA -------------- --------------- January 2, 2011 $ 23,750,000 April 3, 2011 $ 23,500,000 July 3, 2011 $ 23,500,000 October 2, 2011 $ 23,000,000 January 1, 2012 $ 23,000,000 April 1, 2012 $ 24,000,000 July 1, 2012 $ 25,500,000 September 30, 2006 $13,100,000 July 2012 $ 27,000,000 December 30, 2012 $ 29,000,000 March 31, 2006 $14,900,000 October 31, 2006 $17,500,000 January 31, 2007 $20,400,000 April 2013 $ 29,000,000 June 30, 2007 $22,400,000 July 312013 $ 29,000,000 September 29, 2007 $23,100,000 October 312013 $ 29,000,000 December 29, 2007 $23,300,000 January 31, 2008 $23,600,000 April 2013 $ 29,000,000 March 30, 2008 $23,800,000 July 312014 $ 32,000,000 June 29, 2008 $24,100,000 October 312014 $ 32,000,000 September 28, 2008 $24,900,000 January 312014 $ 32,000,000 December 28, 2009 $25,500,000 April 302014 $ 32,000,000 March 29, 2009 $25,900,000 On July 312015, 2009 and at $26,000,000 the end of each Fiscal Quarter thereafterthereafter $ 34,000,000

Consolidated Adjusted EBITDA. Company shall not permit Consolidated Adjusted EBITDA as at the end of any Fiscal QuarterQuarter (i) from the Closing Date until September 30, beginning with 2024, for the period of the Fiscal Quarter ending April 30Quarters then ended in such calendar year and (ii) from October 1, 20062024, for the four Fiscal Quarter period then ended ended, to be less than the correlative amount indicated: CONSOLIDATED FISCAL QUARTER ADJUSTED indicated below (with corresponding calendar quarters also included as reference): Fiscal Quarter EndingConsolidated Adjusted EBITDA -------------- --------------- April March 31, 2024 $1,000,000 June 30, 2006 2024 $13,100,000 July 1,500,000 September 30, 2024 $2,500,000 December 31, 2006 2024 $14,900,000 October 4,000,000 March 31, 2006 2025 $17,500,000 January 5,000,000 June 30, 2025 $5,500,000 September 30, 2025 $6,000,000 December 31, 2007 2025 $20,400,000 April 6,500,000 March 31, 2026 $8,000,000 June 30, 2007 2026 $22,400,000 July 31, 2007 $23,100,000 October 31, 2007 $23,300,000 January 31, 2008 $23,600,000 April 8,000,000 September 30, 2008 2026 $23,800,000 July 31, 2008 $24,100,000 October 31, 2008 $24,900,000 January 31, 2009 $25,500,000 April 30, 2009 $25,900,000 On July 31, 2009 and at $26,000,000 the end of each Fiscal Quarter thereafter8,000,000 ​

Consolidated Adjusted EBITDA. Company shall not permit Consolidated Adjusted EBITDA as at the end of any Fiscal Quarter, beginning with the Fiscal Quarter ending April 30, 2006, for the four Fiscal Quarter period then ended to be less than the correlative amount indicated: CONSOLIDATED FISCAL QUARTER ADJUSTED EBITDA -------------- --------------- April 30, 2006 $13,100,000 July 31, 2006 $14,900,000 October 31, 2006 $17,500,000 January 31, 2007 $20,400,000 19,800.000 April 30, 2007 $22,400,000 21,400,000 July 31, 2007 $23,100,000 21,800,000 October 31, 2007 $23,300,000 January 31, 2008 $23,600,000 April 30, 2008 $23,800,000 July 31, 2008 $24,100,000 October 31, 2008 $24,900,000 January 31, 2009 $25,500,000 April 30, 2009 $25,900,000 On July 31, 2009 and at $26,000,000 the end of each Fiscal Quarter thereafterthereafter $26,000,000

Consolidated Adjusted EBITDA. Company Holdings shall not permit Consolidated Adjusted EBITDA as at the end of any Fiscal Quarter, beginning with the Fiscal Quarter ending April 30March 31, 20062016, for the four Fiscal Quarter period then ended to be less than the correlative amount indicated: CONSOLIDATED FISCAL QUARTER ADJUSTED EBITDA -------------- --------------- April March 31, 2016 $8,000,000 June 30, 2006 2016 $13,100,000 July 8,000,000 September 30, 2016 $8,000,000 December 31, 2006 2016 $14,900,000 October 8,000,000 March 31, 2006 2017 $17,500,000 January 8,500,000 June 30, 2017 $8,500,000 September 30, 2017 $8,750,000 December 31, 2007 2017 $20,400,000 April 8,750,000 March 31, 2018 $9,000,000 June 30, 2007 2018 $22,400,000 July 9,000,000 September 30, 2018 $9,250,000 December 31, 2007 2018 $23,100,000 October 9,250,000 March 31, 2007 $23,300,000 January 31, 2008 $23,600,000 April 30, 2008 $23,800,000 July 31, 2008 $24,100,000 October 31, 2008 $24,900,000 January 31, 2009 $25,500,000 April 30, 2009 $25,900,000 On July 31, 2009 2019 and at $26,000,000 the end of each Fiscal Quarter thereafterending thereafter $9,500,000