Common use of Consolidated EBITDA Clause in Contracts

Consolidated EBITDA. Permit Consolidated EBITDA of the Parent and its Subsidiaries at the end of each fiscal quarter of the Parent and its Subsidiaries to be less than the applicable amount set forth below: March 31, 2006 $ 25,500,000 June 30, 2006 $ 25,800,000 September 30, 2006 $ 26,400,000 December 31, 2006 $ 28,400,000 March 31, 2007 $ 28,800,000 June 30, 2007 $ 29,200,000 September 30, 2007 $ 29,700,000 December 31, 2007 $ 30,200,000 March 31, 2008 $ 30,600,000 June 30, 2008 $ 31,200,000 September 30, 2008 $ 31,800,000 December 31, 2008 $ 32,400,000 March 31, 2009 $ 32,900,000 June 30, 2009 $ 33,500,000 September 30, 2009 $ 34,100,000 December 31, 2009 $ 34,800,000 March 31, 2010 $ 35,300,000 June 30, 2010 $ 36,000,000 September 30, 2010 $ 36,600,000 December 31, 2010 $ 37,400,000

Consolidated EBITDA. Permit Consolidated EBITDA of the Parent and its Subsidiaries at the end for each period of each four (4) consecutive fiscal quarter quarters of the Parent and its Subsidiaries for which the last quarter ends on a date set forth below to be less than the applicable amount set forth belowopposite such date: March 31, 2005 $ 47,000,000 June 30, 2005 $ 47,500,000 September 30, 2005 $ 48,000,000 December 31, 2005 $ 48,500,000 March 31, 2006 $ 25,500,000 48,500,000 June 30, 2006 $ 25,800,000 49,500,000 September 30, 2006 $ 26,400,000 51,000,000 December 31, 2006 $ 28,400,000 51,500,000 March 31, 2007 $ 28,800,000 51,500,000 June 30, 2007 $ 29,200,000 53,000,000 September 30, 2007 $ 29,700,000 54,000,000 December 31, 2007 $ 30,200,000 55,000,000 March 31, 2008 $ 30,600,000 55,000,000 June 30, 2008 $ 31,200,000 56,000,000 September 30, 2008 $ 31,800,000 57,500,000 December 31, 2008 and each fiscal quarter thereafter $ 32,400,000 March 31, 2009 $ 32,900,000 June 30, 2009 $ 33,500,000 September 30, 2009 $ 34,100,000 December 31, 2009 $ 34,800,000 March 31, 2010 $ 35,300,000 June 30, 2010 $ 36,000,000 September 30, 2010 $ 36,600,000 December 31, 2010 $ 37,400,00058,000,000

Consolidated EBITDA. Permit Consolidated EBITDA of the Parent and its Subsidiaries at the end of each fiscal quarter of the Parent and its Subsidiaries to be less than the applicable amount set forth below: Fiscal Quarter End Consolidated EBITDA March 31, 2006 $ $25,500,000 June 30, 2006 $ $25,800,000 September 30, 2006 $ $26,400,000 December 31, 2006 $ $28,400,000 March 31, 2007 $ $28,800,000 June 30, 2007 $ $29,200,000 September 30, 2007 $ $29,700,000 December 31, 2007 $ $30,200,000 March 31, 2008 $ $30,600,000 June 30, 2008 $ $31,200,000 September 30, 2008 $ $31,800,000 December 31, 2008 $ $32,400,000 March 31, 2009 $ $32,900,000 June 30, 2009 $ $33,500,000 September 30, 2009 $ $34,100,000 December 31, 2009 $ $34,800,000 March 31, 2010 $ $35,300,000 June 30, 2010 $ $36,000,000 September 30, 2010 $ $36,600,000 December 31, 2010 $ $37,400,000

Consolidated EBITDA. Permit Borrowers shall not permit (i) for fiscal quarter ending on June 30, 2003, Consolidated Annualized EBITDA of the Parent and its Subsidiaries and (ii) for each fiscal quarter ending thereafter, Consolidated EBITDA of the Parent and its Subsidiaries at for the four fiscal quarters ending as of the end of each the applicable fiscal quarter of the Parent and its Subsidiaries set forth below, to be less than the applicable amount set forth below: June 30, 2003 $ 63,700,000 September 30, 2003 $ 76,200,000 December 31, 2003 $ 82,100,000 March 31, 2004 $ 90,000,000 June 30, 2004 $ 99,100,000 September 30, 2004 $ 108,000,000 December 31, 2004 $ 116,000,000 March 31, 2005 $ 125,000,000 June 30, 2005 $ 129,300,000 September 30, 2005 $ 134,000,000 December 31, 2005 $ 140,000,000 March 31, 2006 $ 25,500,000 145,000,000 June 30, 2006 $ 25,800,000 145,000,000 September 30, 2006 $ 26,400,000 150,000,000 December 31, 2006 $ 28,400,000 155,000,000 March 31, 2007 $ 28,800,000 160,000,000 June 30, 2007 $ 29,200,000 162,000,000 September 30, 2007 $ 29,700,000 165,000,000 December 31, 2007 $ 30,200,000 March 31, 2008 $ 30,600,000 June 30, 2008 $ 31,200,000 September 30, 2008 $ 31,800,000 December 31, 2008 $ 32,400,000 March 31, 2009 $ 32,900,000 June 30, 2009 $ 33,500,000 September 30, 2009 $ 34,100,000 December 31, 2009 $ 34,800,000 March 31, 2010 $ 35,300,000 June 30, 2010 $ 36,000,000 September 30, 2010 $ 36,600,000 December 31, 2010 $ 37,400,000167,000,000 ”

Consolidated EBITDA. Permit Consolidated EBITDA of the Parent and its Subsidiaries at the end for each period of each four (4) consecutive fiscal quarter quarters of the Parent and its Subsidiaries for which the last quarter ends on a date set forth below to be less than the applicable amount set forth belowopposite such date: March 31, 2005 $47,000,000 June 30, 2005 $47,500,000 September 30, 2005 $48,000,000 December 31, 2005 $48,500,000 March 31, 2006 $ 25,500,000 $48,500,000 June 30, 2006 $ 25,800,000 $49,500,000 September 30, 2006 $ 26,400,000 $51,000,000 December 31, 2006 $ 28,400,000 $51,500,000 March 31, 2007 $ 28,800,000 $51,500,000 June 30, 2007 $ 29,200,000 $53,000,000 September 30, 2007 $ 29,700,000 $54,000,000 December 31, 2007 $ 30,200,000 $55,000,000 March 31, 2008 $ 30,600,000 $55,000,000 June 30, 2008 $ 31,200,000 $56,000,000 September 30, 2008 $ 31,800,000 $57,500,000 December 31, 2008 $ 32,400,000 March 31, 2009 $ 32,900,000 June 30, 2009 $ 33,500,000 September 30, 2009 $ 34,100,000 December 31, 2009 $ 34,800,000 March 31, 2010 $ 35,300,000 June 30, 2010 $ 36,000,000 September 30, 2010 $ 36,600,000 December 31, 2010 $ 37,400,000and each fiscal quarter thereafter $58,000,000

Consolidated EBITDA. Permit Consolidated EBITDA of the Parent and its Subsidiaries at for the four fiscal quarters ending as of the end of each the applicable fiscal quarter of the Parent and its Subsidiaries set forth below, to be less than the applicable amount set forth below: September 30, 2003 $ 52,997,000 December 31, 2003 $ 50,106,000 March 31, 2004 $ 53,087,000 June 30, 2004 $ 59,501,000 September 30, 2004 $ 61,726,000 December 31, 2004 $ 64,610,000 March 31, 2005 $ 68,525,000 June 30, 2005 $ 72,440,000 September 30, 2005 $ 76,355,000 December 31, 2005 $ 80,270,000 March 31, 2006 $ 25,500,000 82,936,000 June 30, 2006 $ 25,800,000 85,600,000 September 30, 2006 $ 26,400,000 88,265,000 December 31, 2006 $ 28,400,000 90,930,000 March 31, 2007 $ 28,800,000 94,969,000 June 30, 2007 $ 29,200,000 99,008,000 September 30, 2007 $ 29,700,000 103,047,000 December 31, 2007 $ 30,200,000 March 31, 2008 $ 30,600,000 June 30, 2008 $ 31,200,000 September 30, 2008 $ 31,800,000 December 31, 2008 $ 32,400,000 March 31, 2009 $ 32,900,000 June 30, 2009 $ 33,500,000 September 30, 2009 $ 34,100,000 December 31, 2009 $ 34,800,000 March 31, 2010 $ 35,300,000 June 30, 2010 $ 36,000,000 September 30, 2010 $ 36,600,000 December 31, 2010 $ 37,400,000107,089,000

Consolidated EBITDA. Permit Borrowers will not permit cumulative Consolidated EBITDA EBITDA, calculated on a Trailing Six (6) Fiscal Periods basis, for any period ending on the last day of the Parent and its Subsidiaries at the end of each fiscal quarter of the Parent and its Subsidiaries any Fiscal Period set forth below to be less than the applicable amount set forth belowopposite such Fiscal Period: Fiscal Period/Year Amount ------------------ ------ September 1997 ($4,075,000) October 1997 ($3,350,000) November 1997 ($2,200,000) December 1997 $ 650,000 January 1998 $ 750,000 February 1998 $1,675,000 March 31, 2006 1998 $1,875,000 April 1998 $1,650,000 May 1998 $ 25,500,000 975,000 June 30, 2006 1998 ($1,450,000) July 1998 ($1,200,000) August 1998 ($1,850,000) September 1998 ($1,475,000) October 1998 ($ 25,800,000 375,000) November 1998 $1,375,000 December 1998 $ 5,450,000 January 1999 $ 5,550,000 February 1999 $ 6,550,000 March 1999 $ 6,750,000 April 1999 $ 6,300,000 May 1999 $ 5,175,000 June 1999 $ 1,250,000 July 1999 $ 1,550,000 August 1999 $ 675,000 September 30, 2006 1999 $ 26,400,000 1,150,000 October 1999 $ 2,625,000 November 1999 $ 4,900,000 December 31, 2006 1999 through May 2000 $ 28,400,000 March 31, 2007 $ 28,800,000 June 30, 2007 $ 29,200,000 September 30, 2007 $ 29,700,000 December 31, 2007 $ 30,200,000 March 31, 2008 $ 30,600,000 June 30, 2008 $ 31,200,000 September 30, 2008 $ 31,800,000 December 31, 2008 $ 32,400,000 March 31, 2009 $ 32,900,000 June 30, 2009 $ 33,500,000 September 30, 2009 $ 34,100,000 December 31, 2009 $ 34,800,000 March 31, 2010 $ 35,300,000 June 30, 2010 $ 36,000,000 September 30, 2010 $ 36,600,000 December 31, 2010 $ 37,400,0007,000,000

Consolidated EBITDA. Permit (i) for any fiscal quarter ending on June 30, 2003, Consolidated Annualized EBITDA of the Parent and its Subsidiaries and (ii) for each fiscal quarter ending thereafter, Consolidated EBITDA of the Parent and its Subsidiaries at for the four fiscal quarters ending as of the end of each the applicable fiscal quarter of the Parent and its Subsidiaries set forth below, to be less than the applicable amount set forth below: June 30, 2003 $ 63,700,000 September 30, 2003 $ 76,200,000 December 31, 2003 $ 82,100,000 March 31, 2004 $ 90,000,000 June 30, 2004 $ 99,100,000 September 30, 2004 $108,000,000 December 31, 2004 $116,000,000 March 31, 2005 $125,000,000 June 30, 2005 $129,300,000 September 30, 2005 $134,000,000 December 31, 2005 $140,000,000 March 31, 2006 $ 25,500,000 $145,000,000 June 30, 2006 $ 25,800,000 $145,000,000 September 30, 2006 $ 26,400,000 $150,000,000 December 31, 2006 $ 28,400,000 $155,000,000 March 31, 2007 $ 28,800,000 $160,000,000 June 30, 2007 $ 29,200,000 $162,000,000 September 30, 2007 $ 29,700,000 $165,000,000 December 31, 2007 $ 30,200,000 March 31, 2008 $ 30,600,000 June 30, 2008 $ 31,200,000 September 30, 2008 $ 31,800,000 December 31, 2008 $ 32,400,000 March 31, 2009 $ 32,900,000 June 30, 2009 $ 33,500,000 September 30, 2009 $ 34,100,000 December 31, 2009 $ 34,800,000 March 31, 2010 $ 35,300,000 June 30, 2010 $ 36,000,000 September 30, 2010 $ 36,600,000 December 31, 2010 $ 37,400,000$167,000,000