Common use of Consolidated EBITDA Clause in Contracts

Consolidated EBITDA. Permit Consolidated EBITDA for any four fiscal quarter period ending during any period set forth below to be less than the amount set forth opposite such period: Period Amount ------ ------ From and including the Closing Date through and including June 30, 1998 $235,000,000 From and including September 30, 1998 through and including December 31, 1998 $285,000,000 From and including March 31, 1999 through and including December 31, 1999 $375,000,000 Thereafter $425,000,000

Consolidated EBITDA. Permit Consolidated EBITDA for any four Commencing with the fiscal quarter period ending during any period September 26, 2009, and measured quarterly as of the final day of each fiscal quarter thereafter for the cumulative periods as set forth below below, the Borrower shall not permit the EBITDA to be less than the amount set forth opposite such periodfollowing: Period Amount ------ ------ From and including the Closing Date through and including June 30Cumulative Period: Minimum EBITDA 3 Months ending September 26, 1998 2009 Not less than $235,000,000 From and including September 30, 1998 through and including 0.00 6 months ending December 31, 1998 2009 $285,000,000 From and including 2,500,000.00 9 months ending March 3127, 1999 through and including December 31, 1999 2010 $375,000,000 Thereafter $425,000,0003,500,000.00

Consolidated EBITDA. Permit Consolidated EBITDA as of the end of any fiscal month for any four fiscal quarter period Twelve Month Period ending on the dates or during any period set forth the periods indicated below to be less than the amount amounts set forth opposite such periodbelow: Minimum Consolidated Period Amount EBITDA ------ ------ From and including the Closing Date through and including June 3027, 1998 1999 $235,000,000 From and including September 3019,000,000 August 1, 1998 through and including December 31, 1998 1999 $285,000,000 From and including March 3118,000,000 August 2, 1999 through and including December 31September 26, 1999 $375,000,000 Thereafter 19,000,000 September 27, 1999 through December 26, 1999 $425,000,00021,000,000 December 27, 1999 through April 2, 2000 $25,000,000 April 3, 2000 and thereafter $26,000,000

Consolidated EBITDA. Permit the Consolidated EBITDA for any four fiscal quarter period ending during any period set forth below determined at the end of each Fiscal Year to be less than the amount set forth opposite such periodspecified below: Period Fiscal Year Ending Amount ------------------ ------ ------ From and including the Closing Date through and including June 30December 31, 1998 $235,000,000 From and including September 301996 $ 192,000 December 31, 1998 through and including 1997 $ 3,900,000 December 31, 1998 $285,000,000 From and including March 31, 1999 through and including $ 5,900,000 December 31, 1999 $ 8,800,000 December 31, 2000 and thereafter $375,000,000 Thereafter $425,000,00013,000,000

Consolidated EBITDA. Permit Consolidated EBITDA for any four fiscal quarter period ending during any period on a date set forth below to be less than the amount set forth opposite such perioddate: Period Date Amount ------ ------ From and including the Closing Date through and including March 31, 1998 $235,000,000 June 30, 1998 $235,000,000 From and including September 30, 1998 through and including $285,000,000 December 31, 1998 $285,000,000 From and including March 31, 1999 through and including $300,000,000 June 30, 1999 $325,000,000 September 30, 1999 $325,000,000 December 31, 1999 $335,000,000 March 31, 2000 $335,000,000 June 30, 2000 $335,000,000 September 30, 2000 $350,000,000 December 31, 2000 $375,000,000 Thereafter March 31, 2001 and thereafter $425,000,000400,000,000

Consolidated EBITDA. Permit Maintain, for the twelve-month period ending as of each of the dates set forth below, Consolidated EBITDA for any four fiscal quarter period ending during any period set forth below to be of not less than the corresponding amount set forth opposite for each such period: Period Amount ------ ------ From and including the Closing Date through and including December 31, 2011 $ 30,200,000 March 31, 2012 $ 30,300,000 June 30, 1998 $235,000,000 From and including 2012 $ 46,500,000 September 30, 1998 through and including 2012 $ 47,100,000 December 31, 1998 $285,000,000 From and including March 31, 1999 through and including December 31, 1999 $375,000,000 Thereafter $425,000,0002012 $ 46,800,000

Consolidated EBITDA. Permit Consolidated EBITDA (as defined in Exhibit C hereto) for the twelve (12) month period ending March 31, 2008 (or, if the Closing Date shall occur on or after September 2, 2008, for the twelve (12) month period ending June 30, 2008) shall not be less than $300,000,000. For purposes of determining Consolidated EBITDA for any four fiscal quarter such twelve (12) month period, Consolidated EBITDA for the three (3) month period ending during any period set forth below to be less than the amount set forth opposite such period: Period Amount ------ ------ From and including the Closing Date through and including ended June 30, 1998 $235,000,000 From and including 2007, September 30, 1998 through 2007 and including December 31, 1998 2007, respectively, shall be deemed to be $285,000,000 From 84,405,000, $73,705,000 and including March 31, 1999 through and including December 31, 1999 $375,000,000 Thereafter $425,000,00079,311,000.

Consolidated EBITDA. Permit Consolidated EBITDA as of the end of any fiscal month for any four fiscal quarter period Twelve Month Period ending during any period set forth on or about the dates indicated below to be less than the amount set forth below opposite such perioddate: Twelve Month Period Amount Ending Date Minimum ------------------------------- Consolidated EBITDA ------ ------ From and including the Closing Date through and including June 30, 1998 $235,000,000 From and including September 30, 1998 through and including December 31, 1998 $285,000,000 From and including March 31, 1999 through and including December 3126, 1999 $375,000,000 Thereafter 14,500,000 January 30, 2000 $425,000,00010,000,000 February 27, 2000 $ 8,500,000 April 2, 2000 $ 7,500,000 May 7, 2000 $ 8,000,000 June 4, 2000 $ 8,500,000

Consolidated EBITDA. Permit the Consolidated EBITDA for any four fiscal quarter period ending during any period set forth below determined at the end of each Fiscal Year to be less than the amount set forth opposite such periodspecified below: Period Fiscal Year Ending Amount ------------------ ------ ------ From and including the Closing Date through and including June 30December 31, 1998 $235,000,000 From and including September 301996 $ 1,800,000 December 31, 1998 through and including 1997 $ 3,900,000 December 31, 1998 $285,000,000 From and including March 31, 1999 through and including $ 5,900,000 December 31, 1999 $375,000,000 Thereafter $425,000,000$ 8,800,000 December 31, 2000 and thereafter $ 13,000,000

Consolidated EBITDA. Permit As of the end of each fiscal quarter beginning ------------------- with the fiscal quarter ending March 31, 2000, the Consolidated EBITDA for any four fiscal quarter period ending during any each period set forth below to shall not be less than the amount set forth opposite such period: Period Amount ------ ------ From and including the Closing Date January 1, 2000 through and including March 31, 2000 $ 4,000,000 January 1, 2000 through June 30, 1998 2000 $235,000,000 From and including 12,000,000 January 1, 2000 through September 30, 1998 through and including 2000 $18,000,000 Four consecutive fiscal quarters ending December 31, 1998 2000 $285,000,000 From and including March 31, 1999 through and including 30,000,000 Four consecutive fiscal quarters ending the last day of each $30,000,000 fiscal quarter ending after December 31, 1999 $375,000,000 Thereafter $425,000,0002000

Consolidated EBITDA. Permit Consolidated EBITDA EBITDA, as of the end of any calendar month for any four fiscal quarter the twelve month period ending during any period set forth below on such date to be less than the amount set forth below opposite such periodcalendar month: Period Calendar Month Ending Minimum Amount ------ ------ From and including the Closing Date July 31, 2004 through and including June 30, 1998 $235,000,000 From and including September 30, 1998 through and including December 31, 1998 $285,000,000 From and including March 2004 $ 35,000,000 January 31, 1999 2005 through and including December 31, 1999 $375,000,000 Thereafter $425,000,0002005 $ 38,000,000 January 31, 2006 and thereafter $ 41,000,000

Consolidated EBITDA. Permit Consolidated EBITDA as of the end of any fiscal month for any four fiscal quarter period Twelve Month Period ending during any period set forth on or about the dates indicated below to be less than the amount set forth below opposite such perioddate: Minimum Consolidated Twelve Month Period Amount ------ ------ From and including the Closing Ending Date through and including June 30, 1998 $235,000,000 From and including September 30, 1998 through and including EBITDA ------------------------------- ------------ December 31, 1998 $285,000,000 From and including March 31, 1999 through and including December 3126, 1999 $375,000,000 Thereafter 14,500,000 January 30, 2000 $425,000,00010,000,000 February 27, 2000 $ 8,500,000 April 2, 2000 $ 7,500,000

Consolidated EBITDA. Permit Maintain and earn on a consolidated basis as of the last day of each fiscal quarter, Consolidated EBITDA for any four fiscal quarter the twelve-month period ending during any period set forth below on each such date equal to or greater than the following: For Each Fiscal Quarter Ending on: Consolidated EBITDA to be not less than the amount set forth opposite such periodthan: Period Amount ------ ------ From and including the Closing Date through and including September 30, 2011 $ 19,000,000 December 31, 2011 $ 20,000,000 March 31, 2012 $ 21,000,000 Each of June 30, 1998 $235,000,000 From 2012, and including September 30, 1998 through and including 2012 $ 22,000,000 December 31, 1998 $285,000,000 From 2012, and including March 31, 1999 through and including December 31, 1999 $375,000,000 Thereafter $425,000,000the last day of each fiscal quarter thereafter $ 23,000,000 ”

Consolidated EBITDA. Permit Consolidated EBITDA of the Borrower and its Subsidiaries for any four fiscal quarter period ending during any period set forth below to be less than the applicable amount set forth opposite such periodbelow: Period Amount ------ ------ From and including the Closing Date through and including Fiscal Quarter End Consolidated EBITDA Each twelve month period ending on June 30, 1998 $235,000,000 From and including 2006, September 30, 1998 through and including 2006 or December 31, 1998 $285,000,000 From and including 2006 $ 1,100,000 twelve month period ending on March 31, 1999 through and including December 312007 $ 1,400,000 Each twelve month period ending on June 30, 1999 $375,000,000 Thereafter $425,000,0002007 or on the last day of any fiscal quarter thereafter $ 1,750,000

Consolidated EBITDA. Permit Consolidated EBITDA for any four as of the last day of each fiscal quarter period ending during any period set forth below to for the twelve month period ending on such date shall be less greater than the amount set forth opposite such periodor equal to: Period Amount ------ ------ From and including the Closing Date through and including June 30, 1998 January 31 April 30 July 31 October 31 2005 $235,000,000 From and including September 30, 1998 through and including December 31, 1998 31,000,000 $285,000,000 From and including March 31, 1999 through and including December 31, 1999 31,000,000 $375,000,000 Thereafter 35,000,000 $425,000,00038,500,000 2006 $41,000,000 $57,000,000 $59,000,000 $61,000,000 thereafter $65,000,000 $65,000,000 $65,000,000 $65,000,000

Consolidated EBITDA. Permit Consolidated ------------------- EBITDA for as of the last day of any period of four consecutive fiscal quarter period quarters ending during any period set forth below to be less than the amount set forth opposite such period: Period Date Amount ---- ------ ------ From and including the Closing Second Restatement Date through and including - $400,000,000 December 30, 2001 December 31, 2001 - $275,000,000 June 30, 1998 2003 July 1, 2003 - $235,000,000 From and including September 30, 1998 through and including 300,000,000 December 31, 1998 2004 January 1, 2005 and thereafter $285,000,000 From and including March 31, 1999 through and including December 31, 1999 $375,000,000 Thereafter $425,000,000350,000,000"; and

Consolidated EBITDA. Permit Consolidated EBITDA for any four EBITDA, calculated as of the last day of each fiscal quarter period ending occurring during any period the periods set forth below shall be greater than or equal to be less than the amount set forth opposite such periodfollowing: Period Amount ------ ------ From and including the Closing Date through and including Twelve month period ending December 31, 2010 $ 6,500,000 Twelve month period ending March 31, 2011 $ 7,500,000 Twelve month period ending June 30, 1998 $235,000,000 From and including September 30, 1998 through and including December 31, 1998 $285,000,000 From and including March 31, 1999 through and including December 31, 1999 $375,000,000 Thereafter $425,000,0002011 $ 10,000,000

Consolidated EBITDA. Permit Consolidated EBITDA as of the end of any fiscal month for any four fiscal quarter period Twelve Month Period ending during any period set forth on or about the dates indicated below to be less than the amount set forth below opposite such perioddate: Minimum Twelve Month Period Amount ------ ------ From and including the Closing Ending Date through and including June 30, 1998 $235,000,000 From and including September 30, 1998 through and including Consolidated EBITDA ------------------------------- ------------ December 31, 1998 $285,000,000 From and including March 31, 1999 through and including December 3126, 1999 $375,000,000 Thereafter 14,500,000 January 30, 2000 $425,000,00010,000,000 February 27, 2000 $ 8,500,000 April 2, 2000 $ 7,500,000 May 7, 2000 $ 8,000,000 June 4, 2000 $ 8,500,000