Common use of Consolidated EBITDA to Consolidated Interest Expense Ratio Clause in Contracts

Consolidated EBITDA to Consolidated Interest Expense Ratio. Holdings and the Borrower will not permit the Consolidated EBITDA to Consolidated Interest Expense Ratio for any Test Period ending during any period set forth below to be less than the ratio set forth below opposite such period: 110 Period Ratio May 29, 2006 to August 27, 2006 2.10 to 1.00 August 28 2006 to November 26, 2006 2.10 to 1.00 November 27, 2006 to February 25, 2007 2.10 to 1.00 February 26, 2007 to May 27, 2007 2.10 to 1.00 May 28, 2007 to August 26, 2007 2.20 to 1.00 August 27, 2007 December 2, 2007 2.20 to 1.00 December 3, 2007 to March 2, 2008 2.30 to 1.00 March 3, 2008 to June 1, 2008 2.30 to 1.00 June 2, 2008 to August 31, 2008 2.30 to 1.00 September 1, 2008 to November 30, 2008 2.30 to 1.00 December 1, 2008 to March 1, 2009 2.40 to 1.00 March 2, 2009 to May 31, 2009 2.40 to 1.00 June 1, 2009 to August 30, 2009 2.50 to 1.00 August 31, 2009 to November 29, 2009 2.50 to 1.00 November 30, 2009 to February 28, 2010 2.50 to 1.00 March 1, 2010 to May 30, 2010 2.50 to 1.00 June 1, 2010 to August 29, 2010 2.75 to 1.00 August 30, 2010 to November 28, 2010 2.75 to 1.00 November 29, 2010 and thereafter 2.75 to 1.00

Consolidated EBITDA to Consolidated Interest Expense Ratio. Holdings and the The Borrower will not permit the Consolidated EBITDA to Consolidated Interest Expense Ratio for any Test Period ending during any period set forth below to be less than the ratio set forth below opposite such period: 110 Period Ratio May 29October 1, 2006 to August 27through March 31, 2006 2.10 2007 1.30 to 1.00 August 28 2006 to November 26April 1, 2006 2.10 2007 through June 30, 2007 1.40 to 1.00 November 27, 2006 to February 25July 1, 2007 2.10 through September 30, 2007 1.50 to 1.00 February 26October 1, 2007 to May 27through December 31, 2007 2.10 1.55 to 1.00 May 28, 2007 to August 26, 2007 2.20 to 1.00 August 27, 2007 December 2, 2007 2.20 to 1.00 December 3, 2007 to March 2, 2008 2.30 to 1.00 March 3, 2008 to June January 1, 2008 2.30 to 1.00 June 2, 2008 to August through March 31, 2008 2.30 1.60 to 1.00 September April 1, 2008 to November through June 30, 2008 2.30 1.65 to 1.00 December July 1, 2008 through September 30, 2008 1.75 to March 1.00 October 1, 2008 through December 31, 2008 1.85 to 1.00 January 1, 2009 2.40 to 1.00 through March 2, 2009 to May 31, 2009 2.40 1.90 to 1.00 June April 1, 2009 to August through June 30, 2009 2.50 2.00 to 1.00 August July 1, 2009 through September 30, 2009 2.05 to 1.00 October 1, 2009 through December 31, 2009 to November 29, 2009 2.50 2.15 to 1.00 November 30, 2009 to February 28, 2010 2.50 to 1.00 March January 1, 2010 through March 31, 2010 2.25 to May 1.00 April 1, 2010 through June 30, 2010 2.35 to 1.00 July 1, 2010 through September 30, 2010 2.50 to 1.00 June October 1, 2010 to August 29through December 31, 2010 2.60 to 1.00 January 1, 2011 through March 31, 2011 2.75 to 1.00 August April 1, 2011 through June 30, 2010 to November 28, 2010 2.75 2011 2.95 to 1.00 November 29, 2010 and thereafter 2.75 Thereafter 3.00 to 1.00

Consolidated EBITDA to Consolidated Interest Expense Ratio. Holdings and the The Borrower will not permit the Consolidated EBITDA to Consolidated Interest Expense Ratio for any Test Period ending during any period set forth below to be less than the ratio set forth below opposite such period: 110 Period Ratio May 29October 1, 2004 to December 31, 2004 2.00 to 1.00 January 1, 2005 to March 31, 2005 2.00 to 1.00 April 1, 2005 to June 30, 2005 2.00 to 1.00 July 1, 2005 to September 30, 2005 2.00 to 1.00 October 1, 2005 to December 31, 2005 2.00 to 1.00 January 1, 2006 to August 27March 31, 2006 2.10 2.00 to 1.00 August 28 2006 to November 26, 2006 2.10 to 1.00 November 27April 1, 2006 to February 25June 30, 2007 2.10 2006 2.00 to 1.00 February 26July 1, 2007 2006 to May 27September 30, 2007 2.10 2006 2.00 to 1.00 May 28October 1, 2007 2006 to August 26December 31, 2007 2.20 2006 2.00 to 1.00 August 27, 2007 December 2, 2007 2.20 to 1.00 December 3January 1, 2007 to March 231, 2008 2.30 2007 2.00 to 1.00 March 3April 1, 2008 2007 to June 30, 2007 2.00 to 1.00 July 1, 2008 2.30 2007 to September 30, 2007 2.00 to 1.00 June 2October 1, 2008 2007 to August December 31, 2008 2.30 2007 2.00 to 1.00 September 1, 2008 to November 30, 2008 2.30 to 1.00 December January 1, 2008 to March 31, 2008 2.10 to 1.00 April 1, 2009 2.40 2008 to June 30, 2008 2.10 to 1.00 March 2July 1, 2009 2008 to May September 30, 2008 2.10 to 1.00 October 1, 2008 to December 31, 2009 2.40 2008 2.10 to 1.00 June January 1, 2009 to August March 31, 2009 2.10 to 1.00 April 1, 2009 to June 30, 2009 2.50 2.10 to 1.00 August July 1, 2009 to September 30, 2009 2.10 to 1.00 October 1, 2009 to December 31, 2009 to November 29, 2009 2.50 2.10 to 1.00 November 30, 2009 to February 28, 2010 2.50 to 1.00 March January 1, 2010 to May 30, 2010 2.50 to 1.00 June 1, 2010 to August 29, 2010 2.75 to 1.00 August 30, 2010 to November 28, 2010 2.75 to 1.00 November 29, 2010 and thereafter 2.75 2.20 to 1.00

Consolidated EBITDA to Consolidated Interest Expense Ratio. The Parent Companies, Holdings and the US Borrower will not permit the Consolidated EBITDA to Consolidated Interest Expense Ratio for any Test Period ending during any period set forth below to be less than the ratio set forth below opposite such period: 110 Period Ratio May 29April 1, 2003 to March 31, 2004 1.65 to 1.00 April 1, 2004 to September 30, 2004 1.70 to 1.00 October 1, 2004 to March 31, 2005 1.75 to 1.00 April 1, 2005 to September 30, 2005 1.80 to 1.00 October 1, 2005 to December 31, 2005 1.85 to 1.00 January 1, 2006 to August 27June 30, 2006 2.10 1.90 to 1.00 August 28 2006 to November 26, 2006 2.10 to 1.00 November 27July 1, 2006 to February 25December 31, 2006 1.95 to 1.00 January 1, 2007 to June 30, 2007 2.00 to 1.00 July 1, 2007 to December 31, 2007 2.10 to 1.00 February 26, 2007 to May 27, 2007 2.10 to 1.00 May 28, 2007 to August 26, 2007 2.20 to 1.00 August 27, 2007 December 2, 2007 2.20 to 1.00 December 3, 2007 to March 2, 2008 2.30 to 1.00 March 3, 2008 to June 1, 2008 2.30 to 1.00 June 2, 2008 to August 31, 2008 2.30 to 1.00 September January 1, 2008 to November 30December 31, 2008 2.30 2.25 to 1.00 December 1, 2008 to March 1, 2009 2.40 to 1.00 March 2, 2009 to May 31, 2009 2.40 to 1.00 June January 1, 2009 to August 30December 31, 2009 2.50 to 1.00 August 31, 2009 to November 29, 2009 2.50 to 1.00 November 30, 2009 to February 28, 2010 2.50 to 1.00 March January 1, 2010 to May 30, 2010 2.50 to 1.00 June 1, 2010 to August 29, 2010 2.75 to 1.00 August 30, 2010 to November 28, 2010 2.75 to 1.00 November 29, 2010 and thereafter 2.75 to 1.00

Consolidated EBITDA to Consolidated Interest Expense Ratio. Holdings and the The Borrower will not permit the Consolidated EBITDA to Consolidated Interest Expense Ratio for any Test Period ending during any period set forth below to be less lower than the ratio set forth below opposite such period: 110 Test Period Ending Ratio May 29March 30, 2006 2008 1.55 to August 271.00 June 30, 2006 2008 1.55 to 1.00 September 30, 2008 1.60 to 1.00 December 31, 2008 1.60 to 1.00 March 31, 2009 1.65 to 1.00 June 30, 2009 1.65 to 1.00 September 30, 2009 1.75 to 1.00 December 31, 2009 1.80 to 1.00 March 31, 2010 2.10 to 1.00 August 28 2006 to November 26June 30, 2006 2010 2.10 to 1.00 November 27September 30, 2006 to February 25, 2007 2010 2.10 to 1.00 February 26December 31, 2007 to May 27, 2007 2010 2.10 to 1.00 May 28March 31, 2007 to August 26, 2007 2.20 2011 2.50 to 1.00 August 27June 30, 2007 December 22011 2.50 to 1.00 September 30, 2007 2.20 2011 2.50 to 1.00 December 3, 2007 to March 2, 2008 2.30 to 1.00 March 3, 2008 to June 1, 2008 2.30 to 1.00 June 2, 2008 to August 31, 2008 2.30 to 1.00 September 1, 2008 to November 30, 2008 2.30 to 1.00 December 1, 2008 to March 1, 2009 2.40 to 1.00 March 2, 2009 to May 31, 2009 2.40 to 1.00 June 1, 2009 to August 30, 2009 2.50 to 1.00 August 31, 2009 to November 29, 2009 2.50 to 1.00 November 30, 2009 to February 28, 2010 2011 2.50 to 1.00 March 131, 2010 to May 30, 2010 2.50 2012 3.20 to 1.00 June 130, 2010 to August 29, 2010 2.75 2012 3.20 to 1.00 August EXECUTION COPY Test Period Ending Ratio September 30, 2010 to November 28, 2010 2.75 2012 3.20 to 1.00 November 29December 31, 2010 and thereafter 2.75 2012 3.20 to 1.00 March 31, 2013 4.15 to 1.00 June 30, 2013 4.15 to 1.00 September 30, 2013 4.15 to 1.00 December 31, 2013 4.15 to 1.00

Consolidated EBITDA to Consolidated Interest Expense Ratio. Holdings and the The Borrower will not permit the Consolidated EBITDA to Consolidated Interest Expense Ratio for any Test Period ending during any period on the last day of the fiscal quarter set forth below to be less than the ratio set forth below opposite such period: 110 Period Ratio May 29January 1, 2006 to August 27March 31, 2006 2.10 1.50 to 1.00 August 28 2006 to November 26, 2006 2.10 to 1.00 November 27April 1, 2006 to February 25June 30, 2007 2.10 2006 1.50 to 1.00 February 26July 1, 2007 2006 to May 27September 30, 2007 2.10 2006 1.50 to 1.00 May 28October 1, 2007 2006 to August 26December 31, 2007 2.20 2006 1.50 to 1.00 August 27, 2007 December 2, 2007 2.20 to 1.00 December 3January 1, 2007 to March 231, 2008 2.30 2007 1.50 to 1.00 March 3April 1, 2008 2007 to June 30, 2007 1.50 to 1.00 July 1, 2008 2.30 2007 to September 30, 2007 1.50 to 1.00 June 2October 1, 2008 2007 to August December 31, 2008 2.30 2007 1.60 to 1.00 September 1, 2008 to November 30, 2008 2.30 to 1.00 December January 1, 2008 to March 31, 2008 1.60 to 1.00 April 1, 2009 2.40 2008 to June 30, 2008 1.60 to 1.00 March 2July 1, 2009 2008 to May September 30, 2008 1.60 to 1.00 October 1, 2008 to December 31, 2009 2.40 2008 1.75 to 1.00 June January 1, 2009 to August March 31, 2009 1.75 to 1.00 April 1, 2009 to June 30, 2009 2.50 1.75 to 1.00 August July 1, 2009 to September 30, 2009 1.75 to 1.00 October 1, 2000 to December 31, 2009 to November 29, 2009 2.50 2.25 to 1.00 November 30, 2009 to February 28, 2010 2.50 to 1.00 March January 1, 2010 to May 30March 31, 2010 2.50 2.25 to 1.00 June April 1, 2010 to August 29June 30, 2010 2.25 to 1.00 July 1, 2010 to September 30, 2010 2.25 to 1.00 October 1, 2010 to December 31, 2010 2.75 to 1.00 August 30January 1, 2010 2011 to November 28March 31, 2010 2011 2.75 to 1.00 November 29April 1, 2010 2011 to June 30, 2011 2.75 to 1.00 July 1, 2011 to September 30, 2011 2.75 to 1.00 October 1, 2011 and thereafter 2.75 3.00 to 1.00

Consolidated EBITDA to Consolidated Interest Expense Ratio. Holdings and the The Borrower will not permit the Consolidated EBITDA to Consolidated Interest Expense Ratio for any Test Period ending during any period set forth below to be less than the ratio set forth below opposite such period: 110 Period Ratio May 29, 2006 to August 27, 2006 2.10 to 1.00 August 28 2006 to November 26, 2006 2.10 to 1.00 November 27, 2006 to February 25March 31, 2007 2.10 to 1.00 February 262.00:1.00 June 30, 2007 to May 272.00:1.00 September 30, 2007 2.10 to 1.00 May 282.00:1.00 December 31, 2007 to August 26, 2007 2.20 to 1.00 August 27, 2007 December 2, 2007 2.20 to 1.00 December 3, 2007 to 2.00:1.00 March 2, 2008 2.30 to 1.00 March 3, 2008 to June 1, 2008 2.30 to 1.00 June 2, 2008 to August 31, 2008 2.30 to 1.00 September 1, 2008 to November 2.25:1.00 June 30, 2008 2.30 to 1.00 December 12.25:1.00 September 30, 2008 to 2.50:1.00 December 31, 2008 2.50:1.00 March 1, 2009 2.40 to 1.00 March 2, 2009 to May 31, 2009 2.40 to 1.00 2.50:1.00 June 1, 2009 to August 30, 2009 2.50 to 1.00 August 2.50:1.00 September 30, 2009 2.50:1.00 December 31, 2009 to November 29, 2009 2.50 to 1.00 November 30, 2009 to February 282.50:1.00 March 31, 2010 2.50 to 1.00 March 1, 2010 to May 2.75:1.00 June 30, 2010 2.50 to 1.00 June 1, 2010 to August 29, 2010 2.75 to 1.00 August 2.75:1.00 September 30, 2010 to November 282.75:1.00 December 31, 2010 2.75 to 1.00 November 292.75:1.00 March 31, 2010 and thereafter 2.75 to 1.002011 3.00:1.00 June 30, 2011 3.00:1.00 September 30, 2011 3.00:1.00 December 31, 2011 3.00:1.00 March 31, 2012 3.25:1.00 June 30, 2012 3.25:1.00 September 30, 2012 3.25:1.00 December 31, 2012 3.25:1.00 March 31, 2013 3.25:1.00 June 30, 2013 3.25:1.00 September 30, 2013 3.25:1.00 December 31, 2013 3.25:1.00

Consolidated EBITDA to Consolidated Interest Expense Ratio. Holdings and the Borrower will not permit the Consolidated EBITDA to Consolidated Interest Expense Ratio for any Test Period ending during any period set forth below to be less than the ratio set forth below opposite such period: 110 117 Period Ratio February 28, 2005 to May 29, 2005 2.00 to 1.00 May 30, 2005 to August 28, 2005 2.00 to 1.00 August 29 2005 to November 27, 2005 2.00 to 1.00 November 28, 2005 to February 26, 2006 2.10 to 1.00 February 27, 2006 to May 28, 2006 2.10 to 1.00 May 29, 2006 to August 27, 2006 2.10 to 1.00 August 28 2006 to November 26, 2006 2.10 to 1.00 November 27, 2006 to February 25, 2007 2.10 to 1.00 February 26, 2007 to May 27, 2007 2.10 to 1.00 May 28, 2007 to August 26, 2007 2.20 to 1.00 August 27, 2007 December 2, 2007 2.20 to 1.00 December 3, 2007 to March 2, 2008 2.30 to 1.00 March 3, 2008 to June 1, 2008 2.30 to 1.00 June 2, 2008 to August 31, 2008 2.30 to 1.00 September 1, 2008 to November 30, 2008 2.30 to 1.00 December 1, 2008 to March 1, 2009 2.40 to 1.00 March 2, 2009 to May 31, 2009 2.40 to 1.00 June 1, 2009 to August 30, 2009 2.50 to 1.00 August 31, 2009 to November 29, 2009 2.50 to 1.00 November 30, 2009 to February 28, 2010 2.50 to 1.00 March 1, 2010 to May 30, 2010 2.50 to 1.00 June 1, 2010 to August 29, 2010 2.75 to 1.00 August 30, 2010 to November 28, 2010 2.75 to 1.00 November 29, 2010 and thereafter 2.75 to 1.00

Consolidated EBITDA to Consolidated Interest Expense Ratio. Holdings and the Borrower will not permit the Consolidated EBITDA to Consolidated Interest Expense Ratio for any Test Period ending during any period set forth below to be less than the ratio set forth below opposite such period: 110 Period Ratio May 31, 2004 to August 29, 2004 2.00 to 1.00 August 30 2004 to November 28, 2004 2.00 to 1.00 November 29, 2004 to February 27, 2005 2.00 to 1.00 February 28, 2005 to May 29, 2005 2.00 to 1.00 May 30, 2005 to August 28, 2005 2.00 to 1.00 August 29 2005 to November 27, 2005 2.00 to 1.00 November 28, 2005 to February 26, 2006 2.10 to 1.00 February 27, 2006 to May 28, 2006 2.10 to 1.00 May 29, 2006 to August 27, 2006 2.10 to 1.00 August 28 2006 to November 26, 2006 2.10 to 1.00 November 27, 2006 to February 25, 2007 2.10 to 1.00 February 26, 2007 to May 27, 2007 2.10 to 1.00 May 28, 2007 to August 26, 2007 2.20 to 1.00 August 27, 2007 December 2, 2007 2.20 to 1.00 December 3, 2007 to March 2, 2008 2.30 to 1.00 March 3, 2008 to June 1, 2008 2.30 to 1.00 June 2, 2008 to August 31, 2008 2.30 to 1.00 September 1, 2008 to November 30, 2008 2.30 to 1.00 December 1, 2008 to March 1, 2009 2.40 to 1.00 March 2, 2009 to May 31, 2009 2.40 to 1.00 June 1, 2009 to August 30, 2009 2.50 to 1.00 August 31, 2009 to November 29, 2009 2.50 to 1.00 November 30, 2009 to February 28, 2010 2.50 to 1.00 March 1, 2010 to May 30, 2010 2.50 to 1.00 June 1, 2010 to August 29, 2010 2.75 to 1.00 August 30, 2010 to November 28, 2010 2.75 to 1.00 November 29, 2010 and thereafter 2.75 to 1.00

Consolidated EBITDA to Consolidated Interest Expense Ratio. Holdings and the Borrower will not permit the Consolidated EBITDA to Consolidated Interest Expense Ratio for any Test Period ending during any period set forth below to be less than the ratio set forth below opposite such period: 110 Period Ratio March 1, 2004 to May 30, 2004 2.00 to 1.00 May 31, 2004 to August 29, 2004 2.00 to 1.00 August 30 2004 to November 28, 2004 2.00 to 1.00 November 29, 2004 to February 27, 2005 2.00 to 1.00 February 28, 2005 to May 29, 2005 2.00 to 1.00 May 30, 2005 to August 28, 2005 2.00 to 1.00 August 29 2005 to November 27, 2005 2.00 to 1.00 November 28, 2005 to February 26, 2006 2.10 to 1.00 February 27, 2006 to May 28, 2006 2.10 to 1.00 May 29, 2006 to August 27, 2006 2.10 to 1.00 August 28 2006 to November 26, 2006 2.10 to 1.00 November 27, 2006 to February 25, 2007 2.10 to 1.00 February 26, 2007 to May 27, 2007 2.10 to 1.00 May 28, 2007 to August 26, 2007 2.20 to 1.00 August 27, 2007 December 2, 2007 2.20 to 1.00 December 3, 2007 to March 2, 2008 2.30 to 1.00 March 3, 2008 to June 1, 2008 2.30 to 1.00 June 2, 2008 to August 31, 2008 2.30 to 1.00 September 1, 2008 to November 30, 2008 2.30 to 1.00 December 1, 2008 to March 1, 2009 2.40 to 1.00 March 2, 2009 to May 31, 2009 2.40 to 1.00 June 1, 2009 to August 30, 2009 2.50 to 1.00 August 31, 2009 to November 29, 2009 2.50 to 1.00 November 30, 2009 to February 28, 2010 2.50 to 1.00 March 1, 2010 to May 30, 2010 2.50 to 1.00 June 1, 2010 to August 29, 2010 2.75 to 1.00 August 30, 2010 to November 28, 2010 2.75 to 1.00 November 29, 2010 and thereafter 2.75 to 1.00

Consolidated EBITDA to Consolidated Interest Expense Ratio. Holdings and the Borrower will not permit the Consolidated EBITDA to Consolidated Interest Expense Ratio for at any time during any Test Period ending during any period set forth below to be less than the ratio set forth below opposite such periodfiscal quarter: 110 Period Ratio May 29October 1, 2005 to December 31, 2005 1.50 to 1.00 January 1, 2006 to August 27March 31, 2006 2.10 1.50 to 1.00 August 28 2006 to November 26, 2006 2.10 to 1.00 November 27April 1, 2006 to February 25June 30, 2007 2.10 2006 1.50 to 1.00 February 26July 1, 2007 2006 to May 27September 30, 2007 2.10 2006 1.50 to 1.00 May 28October 1, 2007 2006 to August 26December 31, 2007 2.20 2006 1.60 to 1.00 August 27, 2007 December 2, 2007 2.20 to 1.00 December 3January 1, 2007 to March 231, 2008 2.30 2007 1.60 to 1.00 March 3April 1, 2008 2007 to June 30, 2007 1.60 to 1.00 July 1, 2008 2.30 2007 to September 30, 2007 1.60 to 1.00 June 2October 1, 2008 2007 to August December 31, 2008 2.30 2007 1.65 to 1.00 September 1, 2008 to November 30, 2008 2.30 to 1.00 December January 1, 2008 to March 31, 2008 1.65 to 1.00 April 1, 2009 2.40 2008 to June 30, 2008 1.65 to 1.00 March 2July 1, 2009 2008 to May September 30, 2008 1.65 to 1.00 October 1, 2008 to December 31, 2009 2.40 2008 1.75 to 1.00 June January 1, 2009 to August March 31, 2009 1.75 to 1.00 April 1, 2009 to June 30, 2009 2.50 1.75 to 1.00 August July 1, 2009 to September 30, 2009 1.75 to 1.00 October 1, 2009 to December 31, 2009 to November 29, 2009 2.50 1.90 to 1.00 November 30, 2009 to February 28, 2010 2.50 to 1.00 March 127 Period Ratio January 1, 2010 to May 30March 31, 2010 2.50 1.90 to 1.00 June April 1, 2010 to August 29, 2010 2.75 to 1.00 August June 30, 2010 1.90 to November 281.00 July 1, 2010 2.75 to September 30, 2010 1.90 to 1.00 November 29October 1, 2010 and thereafter 2.75 to December 31, 2010 2.00 to 1.00 January 1, 2011 to March 31, 2011 2.00 to 1.00 April 1, 2011 to June 30, 2011 2.00 to 1.00 July 1, 2011 to September 30, 2011 2.00 to 1.00 October 1, 2011 to December 31, 2011 2.10 to 1.00 January 1, 2012 to March 31, 2012 2.10 to 1.00 April 1, 2012 to June 30, 2012 2.10 to 1.00 July 1, 2012 to September 30, 2012 2.10 to 1.00 October 1, 2012 to December 31, 2012 2.20 to 1.00