Common use of Consolidated Fixed Charge Coverage Ratio Clause in Contracts

Consolidated Fixed Charge Coverage Ratio. Maintain a Consolidated Fixed Charge Coverage Ratio, calculated on the last day of each fiscal quarter ending on the dates set forth below, of not less than the ratio set forth opposite such date: Fiscal Quarter End Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.0

Consolidated Fixed Charge Coverage Ratio. Maintain a As of the end of each fiscal quarter, the Consolidated Fixed Charge Coverage Ratio, calculated on the last day of each fiscal quarter ending on the dates set forth below, of Ratio shall be not less than the ratio set forth opposite such datethan: Fiscal Quarter End Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December Closing Date through January 31, 1997 1.10:1.0 March 2001 1.25:1.0 February 1, 2001 through January 31, 1998 through March 312002 1.35:1.0 February 1, 1999 0.90:1.0 June 30, 1999 2002 and each fiscal quarter end occurring thereafter 1.25:1.01.50:1.0

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio at as of the last day of each any fiscal quarter ending on of the dates set forth below, of not Borrower to be less than the ratio set forth below opposite such datefiscal quarter: Each Fiscal Quarter End Ending during the following period Minimum Consolidated Fixed Charge Coverage Ratio ------------------ ----------- Closing Date through September 30, 1997 0.80:1.0 2010 1.75 to 1.00 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2010 and each fiscal quarter end occurring thereafter 1.25:1.01.50 to 1.00

Consolidated Fixed Charge Coverage Ratio. Maintain The Borrower shall maintain a Consolidated Fixed Charge Coverage Ratio, calculated Ratio for the applicable twelve (12) month period (or shorter cumulative period since January 2007) ended on the last day of each fiscal quarter ending on the dates set forth below, any Fiscal Quarter of not less than the ratio set forth below opposite such dateFiscal Quarter: Fiscal Quarter End Ratio ------------------ ----------- FISCAL QUARTER ENDING MINIMUM CONSOLIDATED FIXED CHARGE RATIO March 31, 2007 1.0 to 1.0 June 30, 2007 1.15 to 1.00 September 30, 1997 0.80:1.0 2007 1.15 to 1.00 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2007 and the last day of each fiscal quarter end occurring Fiscal Quarter thereafter 1.25:1.01.15 to 1.0

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on the last day of each Ratio for any fiscal quarter of the Borrower ending on the dates during any period set forth below, of not below to be less than the ratio set forth below opposite such datequarter: Fiscal Quarter End Consolidated Fixed Charge Coverage Ratio ------------------ ----------- Closing Date to December 31, 0000 0.00x January 1, 2003 to March 31, 0000 0.00x April 1, 2003 to September 30, 1997 0.80:1.0 0000 0.00x October 1, 2003 to December 31, 1997 1.10:1.0 March 0000 0.00x January 1, 2005 to December 31, 1998 through March 310000 0.00x January 1, 1999 0.90:1.0 June 30, 1999 2006 and each fiscal quarter end occurring thereafter 1.25:1.01.25x

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage RatioRatio as of the end of any fiscal quarter of the Borrower to be less than (i) for any fiscal quarter ending during the period from the Closing Date to and including June 29, calculated on 2007, 1.5 to 1.0, (ii) for any fiscal quarter ending during the last day of each period from June 30, 2007 to and including December 30, 2009, 1.75 to 1.0 and (iii) for any fiscal quarter ending on the dates set forth below, of not less than the ratio set forth opposite such date: Fiscal Quarter End Ratio ------------------ ----------- September 30, 1997 0.80:1.0 and after December 31, 1997 1.10:1.0 March 312009, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.02.0 to 1.0.

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day of each any fiscal quarter of the Borrower ending on during the dates set forth below, of not periods specified below to be less than the ratio set forth below opposite such dateperiod: Four Fiscal Quarter End Quarters Ending Minimum Consolidated Fixed Charge Coverage Ratio ------------------ ----------- September Closing Date through December 30, 1997 0.80:1.0 2012 1.10 to 1.00 December 31, 1997 1.10:1.0 2012 through March 30, 2015 1.05 to 1.00 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2015 and each fiscal quarter end occurring thereafter 1.25:1.01.10 to 1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio to be less than the last day following amounts at any time during each of each the following corresponding periods: Period Ratio For the fiscal quarter ending on June 30, 2013 1.05 to 1.00 For the dates set forth below, of not less than the ratio set forth opposite such date: Fiscal Quarter End Ratio ------------------ ----------- fiscal quarter ending September 30, 1997 0.80:1.0 2013 n/a For the fiscal quarter ending December 31, 1997 1.10:1.0 March 312013, 1998 through March 31and thereafter 1.25 to 1.00 For the avoidance of doubt, 1999 0.90:1.0 June the requirements of this Section 7.11(a) do not apply to the fiscal quarter ending September 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.02013.

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit Consolidated Fixed Charge Coverage Ratio, calculated on the last day of each fiscal quarter ending on the dates set forth below, of not Ratio to be less than the ratio set forth opposite such dateindicated below at any time during the period indicated: Fiscal Quarter End Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 102 Closing Date through March 31, third fiscal quarter 1999 0.90:1.0 June 30, 1.00 to 1.00 Fourth fiscal quarter 1999 and each fiscal quarter end occurring thereafter 1.25:1.01.25 to 1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio to be less than 1.0 to 1.0: (i) for the last day period of each one fiscal quarter for the fiscal quarter ending on June 30, 2002, (ii) for the dates set forth below, period of not less than the ratio set forth opposite such date: Fiscal Quarter End Ratio ------------------ ----------- two fiscal quarters ending on September 30, 1997 0.80:1.0 2002, (iii) for the period of three fiscal quarters ending on December 31, 1997 1.10:1.0 2002, and (iv) for each Four-Quarter Period beginning with the Four-Quarter Period ending March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.02003.

Consolidated Fixed Charge Coverage Ratio. Maintain There shall be maintained, as of the end of each fiscal quarter (commencing with the fiscal quarter ending March 31, 2000), a Consolidated Fixed Charge Coverage Ratio, calculated on the last day Ratio of each fiscal quarter ending on the dates set forth below, of not less than the ratio set forth opposite such date: Fiscal Quarter End Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.0at least 2.5 to 1.0:

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio at the last day end of each fiscal quarter ending on of the dates set forth belowCompany, of not to be less than the ratio set forth below opposite such datethe relevant period: Fiscal Quarter End Ending Ratio ------------------ ----------- March 31, 2006 1.00:1.00 June 30, 2006 1.00:1.00 September 30, 1997 0.80:1.0 2006 1.05:1.00 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2006 and each fiscal quarter end occurring thereafter 1.25:1.01.15:1.00”

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each any fiscal quarter of the Borrower to be less than (i) 1.10 as of the end of the fiscal quarter ending on the dates set forth below, of not less than the ratio set forth opposite such date: Fiscal Quarter End Ratio ------------------ ----------- September 30, 1997 0.80:1.0 2020, (ii) 1.15 to 1.0 as of the end of the fiscal quarter ending December 31, 1997 1.10:1.0 2020, (iii) 1.20 to 1.0 as of the end of the fiscal quarter ending March 31, 1998 through March 312021, 1999 0.90:1.0 June 30, 1999 and each (iv) 1.25 to 1.0 as of the end of any fiscal quarter end occurring thereafter 1.25:1.0ending thereafter.

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each any fiscal quarter ending on of the dates set forth below, of not Borrower to be less than the ratio set forth below opposite such datequarter: Four Fiscal Quarter End Quarters Ending Minimum Consolidated Fixed Charge Coverage Ratio ------------------ ----------- Closing Date through September 30, 1997 0.80:1.0 2005 1.00 to 1.0 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2005 and each fiscal quarter end occurring thereafter 1.25:1.01.25 to 1.0

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on the last day Ratio for any four fiscal-quarter period (or such lesser number of each fiscal quarter ending on the dates set forth below, of not less than the ratio set forth opposite such date: Fiscal Quarter End Ratio ------------------ ----------- September 30, 1997 0.80:1.0 quarters as shall have elapsed since December 31, 1997 1.10:1.0 1998), beginning with the period ending on March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.01999, to be less than 1.10 to 1.00.

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each any fiscal quarter of the Borrower to be less than (i) for any fiscal quarter ending on during the dates set forth below, of not less than period from the ratio set forth opposite such date: Fiscal Quarter End Ratio ------------------ ----------- Second Amendment Effective Date to and including September 30, 1997 0.80:1.0 December 312009, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 1.25 to 1.0 and (ii) for any fiscal quarter ending after September 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.02009, 1.50 to 1.0.

Consolidated Fixed Charge Coverage Ratio. Maintain a The Consolidated Fixed Charge Coverage Ratio, calculated on Ratio at each Calculation Date shall be no less than the following proportions: Period Ratio ------ ----- For the period occurring 1.50 to 1.00 from the Closing Date through the next to last day of the fourth fiscal quarter of fiscal year 1998 of the Borrower and its Subsidiaries For the period occurring 1.75 to 1.00 from the last day of each the fourth fiscal quarter ending on of fiscal year 1998 of the dates set forth below, of not less than the ratio set forth opposite such date: Fiscal Quarter End Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 Borrower and each fiscal quarter end occurring thereafter 1.25:1.0its Subsidiaries and thereafter

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on the last day Ratio for any four fiscal-quarter period (or such lesser number of each fiscal quarter ending on the dates set forth below, of not less than the ratio set forth opposite such date: Fiscal Quarter End Ratio ------------------ ----------- September 30, 1997 0.80:1.0 quarters as shall have elapsed since December 31, 1997 1.10:1.0 March 311997), 1998 through March 31, 1999 0.90:1.0 beginning with the period ending on June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.01998, to be less than 1.10 to 1.00. SECTION 6.14

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage RatioRatio for any period of four consecutive fiscal quarters of the Borrower (or, calculated on if less, the last day number of each full fiscal quarters subsequent to the Closing Date) ending with any fiscal quarter ending on the dates set forth below, of not below to be less than the ratio set forth below opposite such datefiscal quarter: Consolidated Fixed Fiscal Quarter End Ending Charge Coverage Ratio ------------------ ----------- March 31, 2002 through June 30, 2004 1.10x September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2004 and each fiscal quarter end occurring thereafter 1.25:1.01.20x

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on for any Test Period ending during any period in the last day of each fiscal quarter ending on the dates table set forth below, of not to be less than the ratio set forth opposite such dateperiod in the table below: Fiscal Quarter End Test Period Fixed Charge Coverage Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 Closing Date through March 31, 1999 0.90:1.0 June 30, 1999 and each including the date immediately preceding the date of the Borrower’s second fiscal quarter end occurring in 2006 1.15-to-1.00 The date of the Borrower’s second fiscal quarter end in 2006 and thereafter 1.25:1.01.25-to-1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio to be less than (i) 1.35:1.00 as of the last day of each fiscal quarter ending March 31, 2019 (for the avoidance of doubt, such calculation shall be for the three (3) month period ending on the dates set forth below, of not less than the ratio set forth opposite such date: Fiscal Quarter End Ratio ------------------ ----------- ), June 30, 2019 and September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2019 and each (ii) 1.50:1.00 as of the last day of any fiscal quarter end occurring thereafter 1.25:1.0thereafter. In all cases, the Consolidated Fixed Charge Coverage Ratio shall be determined based on information for the most recent quarter annualized.

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each any fiscal quarter of the Parent ending on the dates set forth below, of not during a period specified below to be less than the ratio set forth below opposite such datefiscal quarter: Fiscal Quarter End Ratio ------------------ ----------- Closing Date through June 30, 2004 0.95 to 1.00 September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2004 and each fiscal quarter end occurring thereafter 1.25:1.01.05 to 1.00

Consolidated Fixed Charge Coverage Ratio. Maintain The Borrower shall maintain a Consolidated Fixed Charge Coverage Ratio, calculated Ratio for the applicable twelve (12) month period (or shorter cumulative period since January 2007) ended on the last day of each fiscal quarter ending on the dates set forth below, any Fiscal Quarter of not less than the ratio set forth below opposite such dateFiscal Quarter: Fiscal Quarter End Ratio ------------------ ----------- FISCAL QUARTER ENDING MINIMUM CONSOLIDATED FIXED CHARGE RATIO March 31, 2007 1.0 to 1.0 June 30, 2007 1.15 to 1.00 September 30, 1997 0.80:1.0 2007 1.15 to 1.00 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2007 and the 1.15 to 1.0 last day of each fiscal quarter end occurring thereafter 1.25:1.0Fiscal Quarter thereafter

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each any fiscal quarter ending on of the dates set forth below, of not Borrower to be less than the ratio set forth below opposite such datefiscal quarter: Four Fiscal Quarter End Quarters Ending Minimum Consolidated Fixed Charge Coverage Ratio ------------------ ----------- September Initial Funding Date through October 30, 1997 0.80:1.0 December 2012 1.10 to 1.00 October 31, 1997 1.10:1.0 March 2012 through October 30, 2013 1.20 to 1.00 October 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2013 and each fiscal quarter quarter-end occurring thereafter 1.25:1.01.25 to 1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio for any period of four consecutive fiscal quarters of the last day of each Borrower ending with any fiscal quarter ending on the dates set forth below, of not below to be less than the ratio set forth below opposite such datefiscal quarter: Consolidated Fixed Fiscal Quarter End Ended Charge Coverage Ratio ------------------ ----------- ------------------------------------------------------ --------------------- Fiscal quarter June 30, 2003 through fiscal quarter ended June 30, 2006 1.00 to 1.0 Fiscal quarter September 30, 1997 0.80:1.0 2006 through fiscal quarter ended December 31, 1997 1.10:1.0 2006 1.05 to 1.0 Fiscal quarter March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2007 and each fiscal quarter end occurring ended thereafter 1.25:1.01.10 to 1.0

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage RatioRatio as of the end of any fiscal quarter of the Borrower to be less than (i) for any fiscal quarter ending during the period from the Closing Date to and including September 31, calculated on the last day of each 2006, 1.1 to 1.0 and (ii) for any fiscal quarter ending on the dates set forth below, of not less than the ratio set forth opposite such date: Fiscal Quarter End Ratio ------------------ ----------- September 30, 1997 0.80:1.0 and after December 31, 1997 1.10:1.0 March 312006, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.01.35 to 1.0.

Consolidated Fixed Charge Coverage Ratio. Maintain a As of the end of each fiscal quarter, the Consolidated Fixed Charge Coverage Ratio, calculated on the last day of each fiscal quarter ending on the dates set forth below, of Ratio shall be not less than the ratio set forth opposite such datethan: Fiscal Quarter End Ending Consolidated Fixed Charge Coverage Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 From the Closing Date through March 31, 1999 0.90:1.0 June 2003 1.75:1.0 From April 1, 2003 through September 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.02003 1.5:1.0 Thereafter 1.75:1.0

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each any fiscal quarter of the REIT to be less than (i) 1.05:1.00 as of the end of any fiscal quarter ending on prior to the dates set forth below, Extension Period and (ii) 1.50:1.00 as of not less than the ratio set forth opposite such date: Fiscal Quarter End Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 and each end of any fiscal quarter end occurring thereafter 1.25:1.0ending during the Extension Period.

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each any fiscal quarter ending on of the dates set forth below, of not Borrower to be less than the ratio set forth below opposite such datefiscal quarter: Four Fiscal Quarter End Quarters Ending Minimum Consolidated Fixed Charge Coverage Ratio ------------------ ----------- Funding Date through September 30, 1997 0.80:1.0 2010 1.00:1.00 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2010 and each fiscal quarter end occurring thereafter 1.25:1.01.25:1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a (a)(i) From the fiscal quarter ending June 30, 2001 through the fiscal quarter ending September 30, 2003, permit the Consolidated Fixed Charge Coverage Ratio, calculated Ratio on the last day of each any fiscal quarter ending on the dates any date set forth below, of not below to be less than the ratio set forth opposite such datedate below: Fiscal Quarter End Ending Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 --------------------- ----- 6/30/01 2.00 9/30/01 1.75 12/31/01 2.50 3/31/02 through March 31, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.09/30/03 1.25; and

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each any Measurement Period ending as of the end of any fiscal quarter of the Borrower set forth below to be less 1.15:1.00; provided that the Consolidated Fixed Charge Coverage Ratio shall not be tested for the fiscal quarters ending on the dates set forth belowOctober 31, of not less than the ratio set forth opposite such date: Fiscal Quarter End Ratio ------------------ ----------- September 2021, January 31, 2022, and April 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.02022.

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage RatioRatio as of the end of any fiscal quarter of the Borrower to be less than (i) for any fiscal quarter ending during the period from the Closing Date to and including September 31, calculated on the last day of each 2006, 1.25 to 1.0 and (ii) for any fiscal quarter ending on the dates set forth below, of not less than the ratio set forth opposite such date: Fiscal Quarter End Ratio ------------------ ----------- September 30, 1997 0.80:1.0 and after December 31, 1997 1.10:1.0 March 312006, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.01.5 to 1.0.

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on the last day of each fiscal Ratio for any four-fiscal-quarter period ending on the dates during any period set forth below, of not below to be less than the ratio set forth below opposite such dateperiod: Fiscal Quarter End Date Ratio ------------------ ----------- September 30, 1997 0.80:1.0 ---- ----- Closing Date through 1.60 to 1.00 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.02001 Thereafter 1.65 to 1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each any fiscal quarter ending on the dates during any period set forth below, of not below to be less than the ratio set forth below opposite such dateperiod: Four Fiscal Quarter End Quarters Ending Minimum Consolidated Fixed During any Period Below: Charge Coverage Ratio ------------------ ----------- September 30Closing Date through October 27, 1997 0.80:1.0 December 312009 1.25:1.00 October 28, 1997 1.10:1.0 March 312009 through October 27, 1998 2010 1.50:1.00 October 28, 2010 through March 31October 27, 1999 0.90:1.0 June 302011 1.75:1.00 October 28, 1999 2011 and each fiscal quarter end occurring thereafter 1.25:1.02.00:1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage RatioRatio for any period of four consecutive fiscal quarters, calculated in each case taken as one accounting period, ended on the last day of each any fiscal quarter ending on the dates set forth below, of not below to be less than the ratio amount set forth opposite such datefiscal quarter below: 66 Fiscal Quarter End Ended in, or Closest to Ratio ------------------ ----------- September 30, 1997 0.80:1.0 -------------------- ----- June 2000 through December 31, 1997 1.10:1.0 2000 1.00:1.00 March 31, 1998 2001 through December 2001 1.15:1.00 March 31, 1999 0.90:1.0 June 30, 1999 2002 through December 2002 1.20:1.00 March 2003 through December 2003 1.20:1.00 March 2004 and each fiscal quarter end occurring thereafter 1.25:1.01.20:1.00

Consolidated Fixed Charge Coverage Ratio. Maintain Maintain, as of the end of each Fiscal Quarter set forth below, commencing with the Fiscal Quarter ending on March 31, 2012, a Consolidated Fixed Charge Coverage Ratio, calculated on the last day of each fiscal quarter ending on the dates set forth below, Ratio of not less than the ratio set forth opposite corresponding to such dateFiscal Quarter: Fiscal Quarter End Ending Minimum Consolidated Fixed Charge Coverage Ratio ------------------ ----------- March 31, 2012 *** June 30, 2012 *** September 30, 1997 0.80:1.0 2012 *** December 31, 1997 1.10:1.0 2012 *** March 31, 1998 through March 31, 1999 0.90:1.0 2013 *** June 30, 1999 2013 *** September 30, 2013 *** December 31, 2013 and each fiscal quarter end occurring Fiscal Quarter ending thereafter 1.25:1.0***

Consolidated Fixed Charge Coverage Ratio. Maintain a Beginning with the Fiscal Quarter ending closest to the calendar quarter ending March 31, 2022, permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each fiscal quarter ending on the dates set forth below, Fiscal Quarter of not Parent to be less than the ratio correlative amount set forth opposite such datein the table below: Each Fiscal Quarter End ending closest to the calendar quarters ending Minimum Consolidated Fixed Charge Coverage Ratio ------------------ ----------- March 31, 2022 1.00 to 1.00 June 30, 2022 1.00 to 1.00 September 30, 1997 0.80:1.0 2022 1.00 to 1.00 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2022 and each fiscal quarter end occurring thereafter 1.25:1.01.10 to 1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each any fiscal quarter ending on of the dates set forth below, of not Borrower to be less than the ratio set forth below opposite such datefiscal quarter: Four Fiscal Quarter End Quarters Ending Minimum Consolidated Fixed Charge Coverage Ratio ------------------ ----------- Closing Date through June 30, 2012 1.50:1.00 September 30, 1997 0.80:1.0 2012 1.75:1.00 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2012 and each fiscal quarter end occurring thereafter 1.25:1.02.00:1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage RatioRatio to be less than the following amounts at any time during each of the following corresponding periods: Period Ratio For the fiscal quarters ending June 30, calculated on 2013 and September 30, 2013 1.05 to 1.00 For the last day of each fiscal quarter ending on the dates set forth below, of not less than the ratio set forth opposite such date: Fiscal Quarter End Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 312013, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.01.25 to 1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each any fiscal quarter ending on the dates during any period set forth below, of not below to be less than the ratio set forth below opposite such dateperiod: Four Fiscal Quarter End Quarters Ending During any Period Below: Minimum Consolidated Fixed Charge Coverage Ratio ------------------ ----------- September Closing Date through October 31, 2009 1.25:1.00 November 1, 2009 through October 30, 1997 0.80:1.0 December 2010 1.25:1.00 October 31, 1997 1.10:1.0 March 312010 through October 29, 1998 through March 31, 1999 0.90:1.0 June 2011 1.50:1.00 October 30, 1999 2011 and each fiscal quarter end occurring thereafter 1.25:1.01.75:1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a As of the end of each fiscal quarter, the Consolidated Fixed Charge Coverage Ratio, calculated on the last day of each fiscal quarter ending on the dates set forth below, of Ratio shall be not less than the ratio set forth opposite such datethan: CHAR1\885527v10 Four Fiscal Quarter End Quarters Ending Minimum Consolidated Fixed Charge Coverage Ratio ------------------ ----------- September 30, 1997 0.80:1.0 Closing Date through December 31, 1997 1.10:1.0 2007 1.25:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2008 and each fiscal quarter end occurring thereafter 1.25:1.01.50:1.0

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as at the last day end of each any period of four fiscal quarter ending on quarters of the dates Borrower set forth below, of not below to be less than the ratio set forth below opposite such datefiscal quarter: Four Fiscal Quarter End Quarters Ending Consolidated Fixed Charge Coverage Ratio ------------------ ----------- September 30, 1997 0.80:1.0 Closing Date through December 31, 1997 1.10:1.0 March 312004 1.25 to 1.00 January 1, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2005 and each fiscal quarter end occurring thereafter 1.25:1.01.50 to .1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Consolidated Fixed Charge Coverage Ratio, calculated on Ratio of not less than 1.50-to-1.0 as of the last day end of each fiscal quarter for the then ended Rolling Period commencing with the fiscal quarter ending on the dates set forth below, of not less than the ratio set forth opposite such date: Fiscal Quarter End Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.02004.

Consolidated Fixed Charge Coverage Ratio. Maintain a As of the last day of any fiscal quarter, permit the Consolidated Fixed Charge Coverage RatioRatio to be (i) for the fiscal quarter ending March 31, calculated on 2022, less than 1.50 to 1.00, (ii) for the last day of fiscal quarters ending June 30, 2022 and September 30, 2022, less than 1.25 to 1.00, and (iii) for each fiscal quarter thereafter, less than 1.50 to 1.00, in each case, for the period of four (4) consecutive fiscal quarters ending on the dates set forth below, of not less than the ratio set forth opposite or immediately prior to such date: Fiscal Quarter End Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.0.

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each any Measurement Period ending as of the end of any fiscal quarter ending on of the dates set forth below, of not Borrower to be less than the ratio set forth below opposite such dateperiod: Four Fiscal Quarter End Quarters Ending Minimum Consolidated Fixed Charge Coverage Ratio ------------------ ----------- March 31, 2017 1.10 to 1.00 June 30, 2017 1.05 to 1.00 September 30, 1997 0.80:1.0 2017 1.05 to 1.00 December 31, 1997 1.10:1.0 2017 1.10 to 1.00 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2018 and each fiscal quarter end occurring thereafter 1.25:1.01.25 to 1.00

Consolidated Fixed Charge Coverage Ratio. Maintain The Borrower shall have, on a Consolidated consolidated basis with its consolidated Subsidiaries, a Fixed Charge Coverage Ratio, calculated as of the end of each period of twelve consecutive fiscal months ending on the last day of each the fiscal quarter ending on the dates month set forth below, of not less than the ratio set forth below opposite such dateperiod: Minimum Consolidated Fixed Twelve Fiscal Quarter End Months Ending In Charge Coverage Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 (a) June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.02000 .60 to 1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a As of the last day of any fiscal quarter ending during the periods specified below, permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio to be less than the last day of each fiscal quarter ending on the dates corresponding ratio set forth below, of not less than the ratio set forth opposite such date: Fiscal Quarter End Period Minimum Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 Second Amendment Effective Date through March 3128, 1999 0.90:1.0 2021 1.10 to 1.00 June 3027, 1999 2021 1.25 to 1.00 September 26, 2021 and each fiscal quarter end occurring thereafter 1.25:1.01.50 to 1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each any fiscal quarter ending on of the dates set forth below, of not Borrower to be less than the ratio set forth below opposite such datequarter: Four Fiscal Quarter End Quarters Ending Minimum Consolidated Fixed Charge Coverage Ratio ------------------ ----------- Closing Date through September 30, 1997 0.80:1.0 2005 1.50 to 1.0 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2005 and each fiscal quarter end occurring thereafter 1.25:1.01.75 to 1.0

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage RatioRatio for any period of four (4) consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below to be less than the ratio set forth below opposite such fiscal quarter: For Fiscal Quarter Ending Minimum Ratio September 30, calculated on 2006 1.15 to 1.00 December 31, 2006 and the last day of each fiscal quarter ending on the dates set forth below, of not less than the ratio set forth opposite such date: Fiscal Quarter End Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.01.20 to 1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each (i) any fiscal quarter ending on the dates set forth belowprior to February 1, of not 2014 to be less than 1.50:1.00, (ii) the ratio set forth opposite such date: Fiscal Quarter End Ratio ------------------ ----------- September 30fiscal quarters ending February 1, 1997 0.80:1.0 December 2014, May 3, 2014, August 2, 2014, and November 1, 2014 to be less than 1.75:1.00, (iii) the fiscal quarter ending January 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2015 to be less than 1.90:1.00 and each (iv) any other fiscal quarter end occurring thereafter 1.25:1.0to be less than 2.00:1.00.”

Consolidated Fixed Charge Coverage Ratio. Maintain There shall be ---------------------------------------- maintained, as of the end of each fiscal quarter to occur during the periods shown, a Consolidated Fixed Charge Coverage Ratio, calculated on the last day Ratio of each fiscal quarter ending on the dates set forth below, of not less than the ratio set forth opposite such dateat least: Fiscal Quarter End Ratio ------------------ ----------- Closing Date through September 30, 1997 0.80:1.0 December 311.75:1.0 October 1, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June September 30, 1999 2.00:1.0 October 1, 1999 and each fiscal quarter end occurring thereafter 1.25:1.02.25:1.0

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage RatioRatio as of the end of any fiscal quarter of the Borrower to be less than (i) 1.25 to 1.0 as of the end of the fiscal quarter ended during the period December 31, calculated on 2018, (ii) 1.15 to 1.0 as of the last day end of each any fiscal quarter ending on during the dates set forth belowperiod from March 31, of not less than the ratio set forth opposite such date: Fiscal Quarter End Ratio ------------------ ----------- 2019 to and including September 30, 1997 0.80:1.0 December 312019, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 and each (iii) 1.25 to 1.0 as of the end of any fiscal quarter end occurring thereafter 1.25:1.0ending thereafter.

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each fiscal quarter ending on any Four-Quarter Period of the dates set forth below, of not Borrower to be less than the ratio set forth below opposite such datefiscal quarter: Fiscal Four-Quarter End Period Ending Minimum Consolidated Fixed Charge Coverage Ratio ------------------ ----------- December 31, 2005 through September 30, 1997 0.80:1.0 2006 2.00 to 1.00 December 31, 1997 1.10:1.0 March 2006 through September 30, 2007 2.25 to 1.00 December 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2007 and each fiscal quarter end occurring thereafter 1.25:1.02.50 to 1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Consolidated Fixed Charge Coverage Ratio, calculated on As of the last day end of each fiscal quarter ending on during the dates set forth belowfollowing periods, of not less the Consolidated Fixed Charge Coverage Ratio shall be greater than the ratio set forth opposite such dateor equal to: Fiscal Quarter End Period Minimum Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 Closing Date through March 31, 1999 0.90:1.0 June 2007 (excluding the fiscal quarter ending September 30, 1999 2006) 1.00 to 1.00 April 1, 2007 through September 30, 2007 1.10 to 1.00 October 1, 2007 through December 31, 2008 1.20 to 1.00 January 1, 2009 and each fiscal quarter end occurring thereafter 1.25:1.01.30 to 1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Consolidated Fixed Charge Coverage Ratio, calculated on As of the last day end of each fiscal quarter ending on during the dates respective periods set forth below, of the Consolidated Fixed Charge Coverage Ratio shall not be less than the ratio set forth opposite such dateperiod: Fiscal Quarter End Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.0Closing Date to the date of any 1.75:1.0 Debt Transaction of at least $25,000,000 On or subsequent to the date of any 1.50:1.0 Debt Transaction of at least $25,000,000

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each any fiscal quarter ending on of the dates Borrower occurring during any period set forth below, of not below to be less than the ratio set forth below opposite such datefiscal quarter: Fiscal Quarter End Ended Consolidated Fixed Charge Coverage Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 2011 through December 31, 2012 1.00:1.00 March 31, 1998 2013 through December 31, 2013 1.25:1.00 March 31, 1999 0.90:1.0 June 30, 1999 2014 and each fiscal quarter end occurring thereafter 1.25:1.01.50:1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as at the last day of each any fiscal quarter for the period of four consecutive fiscal quarters of the Borrower then ending on the dates set forth below, of not to be less than the ratio set forth below opposite such datefiscal quarter: Fiscal Quarter End Ending Consolidated Fixed Charge Coverage Ratio ------------------ ----------- September 30, 1997 0.80:1.0 2013, December 31, 1997 1.10:1.0 2013, March 31, 1998 through March 312014, 1999 0.90:1.0 June 30, 1999 2014 and September 30, 2014 1.15:1.00 December 31, 2014 and each fiscal quarter end occurring ending thereafter 1.25:1.01.25:1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage RatioRatio as of the end of any fiscal quarter of the Borrower to be less than (i) for any fiscal quarter ending during the period from the Closing Date to and including September 30, calculated on the last day of each 2003, 1.25:1.0, and (ii) for any fiscal quarter ending on the dates set forth belowand after October 1, of not less than the ratio set forth opposite such date2003, 1.35: Fiscal Quarter End Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.01.0.

Consolidated Fixed Charge Coverage Ratio. Maintain a Beginning with the Fiscal Quarter ending closest to the calendar quarter ending March 31, 2022, permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each fiscal quarter ending on the dates set forth below, Fiscal Quarter of not Parent to be less than the ratio correlative amount set forth opposite such datein the table below: Each Fiscal Quarter End ending closest to the calendar quarters ending Minimum Consolidated Fixed Charge Coverage Ratio ------------------ ----------- March 31, 2022 June 30, 2022 September 30, 1997 0.80:1.0 2022 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2022 and each fiscal quarter end occurring thereafter 1.25:1.01.00 to 1.00 1.00 to 1.00 1.00 to 1.00 1.10 to 1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage RatioRatio as of the end of any fiscal quarter of the Company, calculated on beginning with the last day of each fiscal quarter ending on the dates set forth belowOctober 31, of not 2013, to be less than the ratio set forth below opposite such date: Fiscal Quarter End Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.0quarter:

Consolidated Fixed Charge Coverage Ratio. Maintain a Consolidated Fixed Charge Coverage Ratio, calculated on As of the last day end of each fiscal quarter ending on during the dates set forth belowfollowing periods, of not less the Consolidated Fixed Charge Coverage Ratio shall be greater than the ratio set forth opposite such dateor equal to: Fiscal Quarter End Period Minimum Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 First Amendment Effective Date through March 31, 1999 0.90:1.0 June 2017 1.10 to 1.00 April 1, 2017 through September 30, 1999 2017 1.15 to 1.00 October 1, 2017 and each fiscal quarter end occurring thereafter 1.25:1.01.20 to 1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each any fiscal quarter ending on of the dates Borrower set forth below, of not below for the four quarters then ended to be less than the ratio set forth opposite corresponding to such datefiscal quarter: Four Fiscal Quarter End Quarters Ending Minimum Consolidated Fixed Charge Coverage Ratio ------------------ ----------- Closing Date through September 30, 1997 0.80:1.0 December 312009 1.25:1 October 1, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2009 and each fiscal quarter end occurring thereafter 1.25:1.01.50:1

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on the last day Ratio for any period of each four consecutive fiscal quarter quarters ending on the dates or about any date set forth below, of not below to be less than the ratio set forth opposite such date: Fiscal Quarter End Date Ratio ------------------ ----------- March 31, 2003 1.25 to 1.00 June 30, 2003 1.25 to 1.00 September 30, 1997 0.80:1.0 2003 1.25 to 1.00 December 31, 1997 1.10:1.0 2003 1.25 to 1.00 March 31, 1998 through March 31, 1999 0.90:1.0 2004 1.30 to 1.00 June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.02004 1.30 to 1.00 September 30, 2004 1.35 to 1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage RatioRatio for any period of four consecutive fiscal quarters of the Borrower (or, calculated on if less, the last day number of each full fiscal quarters subsequent to the Closing Date) ending with any fiscal quarter ending on the dates set forth below, of not on Schedule 7.1(c) to be less than the ratio set forth opposite Applicable Fixed Charge Coverage Ratio for such date: Fiscal Quarter End Ratio ------------------ ----------- September 30fiscal quarter, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.0as determined in accordance with Schedule 7.1(c).

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio to be less than the last day following amounts at any time during each of each the following corresponding periods: Period Ratio For the fiscal quarter ending on the dates set forth below, of not less than the ratio set forth opposite such date: Fiscal Quarter End Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 2013 1.10 to 1.00 For the fiscal quarter ending March 31, 1998 through March 312014, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.01.25 to 1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each any fiscal quarter of the Borrower to be less than (i) 1.20:1.0 for any fiscal quarter ending on during the dates set forth below, of not less than period from the ratio set forth opposite such date: Fiscal Quarter End Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December Second Amendment Effective Date through and including May 31, 1997 1.10:1.0 March 312016, 1998 through March 31and (ii) 1.25:1.0, 1999 0.90:1.0 June 30, 1999 and each for any fiscal quarter end occurring thereafter 1.25:1.0ending thereafter.

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage RatioRatio for any period of four consecutive fiscal quarters, calculated in each case taken as one accounting period, ended on the last day of each any fiscal quarter ending on the dates set forth below, of not below to be less than the ratio amount set forth opposite such datefiscal quarter below: Fiscal Quarter End Ended in, or Closest to Ratio ------------------ ----------- August 1999 through September 30, 1997 0.80:1.0 2000 1.0:1.0 December 31, 1997 1.10:1.0 March 31, 1998 2000 through March 31, 1999 0.90:1.0 June 30, 1999 September 2001 1.1:1.0 December 2001 through September 2002 1.15:1.0 December 2002 and each fiscal quarter end occurring thereafter 1.25:1.01.2:1.0

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on as of the last day end of each fiscal quarter (commencing with the fiscal quarter ending on March 31, 2024) and calculated for the dates set forth belowMeasurement Period ending as of the end of such fiscal quarter, of not to be less than the ratio set forth opposite for such date: fiscal quarter in the grid below. Fiscal Quarter End Ending Minimum Consolidated Fixed Charge Coverage Ratio ------------------ ----------- March 31, 2024 through September 30, 1997 0.80:1.0 2025 1.00 to 1.00 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2025 and each fiscal quarter end occurring ending thereafter 1.25:1.01.05 to 1.00 (b)

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio for any period of four consecutive fiscal quarters of the last day of each Borrower ending with any fiscal quarter ending on the dates set forth below, of not below to be less than the ratio set forth below opposite such dateperiod: Fiscal Quarter End Consolidated Fixed Charge Coverage Period Ratio ------------------ ----------- ------ --------------------- From and including June 30, 2004 through 1.50 to 1.00 and including June 30, 2009 September 30, 1997 0.80:1.0 2009 1.25 to 1.00 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2009 and each fiscal quarter end occurring thereafter 1.25:1.01.00 to 1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio for the four fiscal quarter period ending as of the last day of each any fiscal quarter ending on of the dates set forth below, of not Domestic Borrower and its Subsidiaries to be less than the ratio set forth below opposite such datefiscal quarter: Four Fiscal Quarter End Quarters Ending Minimum Fixed Charge Coverage Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 Closing Date through March 31, 1999 0.90:1.0 June 30, 1999 the last day of the first fiscal quarter of fiscal year 2009 1.10 to 1.00 The second fiscal quarter of fiscal year 2009 and each fiscal quarter end occurring thereafter 1.25:1.01.20 to 1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a As of the end of the following Fiscal Quarters, permit the Consolidated Fixed Charge Coverage Ratio, calculated Ratio for the four (4) consecutive Fiscal Quarter period ending on the last day of each fiscal such quarter ending on the dates set forth below, of not to be less than the ratio set forth opposite such datefollowing: (i) 1.00 to 1.00 for the second, third and fourth Fiscal Quarters of Fiscal Year 2020 and the first Fiscal Quarter End Ratio ------------------ ----------- September 30of Fiscal Year 2021; and (ii) for each Fiscal Quarter thereafter, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.02.00 to 1.00.

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each any fiscal quarter of the Borrower to be less than (i) 1.05:1.0 for any fiscal quarter ending on during the dates set forth below, of not less than the ratio set forth opposite such date: Fiscal Quarter End Ratio ------------------ ----------- September period from June 30, 1997 0.80:1.0 2004 to and including December 31, 1997 1.10:1.0 March 2007 and (ii) 1.0:1.0 for any fiscal quarter ending after December 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.02007.

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each fiscal quarter ending on any Fiscal Quarter of the dates set forth below, of not Borrower specified below to be less than the ratio set forth opposite in the table below corresponding to such date: fiscal quarter. Fiscal Quarter End Minimum Fixed Charge Coverage Ratio ------------------ ----------- September June 30, 1997 0.80:1.0 2022 through and including December 31, 1997 1.10:1.0 2023 1.25 to 1.0 March 31, 1998 2024 through and including December 31, 2024 1.15 to 1.0 March 31, 1999 0.90:1.0 June 30, 1999 2025 and each fiscal quarter end occurring ending thereafter 1.25:1.01.25 to 1.0

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each fiscal quarter any four Fiscal Quarter period ending on as of the dates end of any Fiscal Quarter of the Borrower set forth below, of not below to be less than the ratio set forth below opposite such dateFiscal Quarter: Period Ending Minimum Consolidated Fixed Charge Coverage Ratio August 31, 2023 and each Fiscal Quarter End Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.01.25 105

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each any fiscal quarter ending on the dates set forth below, of not to be less than the ratio set forth below opposite such datethe applicable period in which the fiscal quarter occurs: Fiscal Quarter End Period Ratio ------------------ ----------- September ------ ----- Closing Date through December 30, 1997 0.80:1.0 2004 1.10:1.00 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2004 and each fiscal quarter end occurring thereafter 1.25:1.01.20:1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day of each any fiscal quarter ending on of the dates set forth below, of not Borrower to be less than the ratio amount set forth opposite below in respect of such date: Fiscal Quarter End Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December Ending: Minimum Ratio: January 31, 1997 1.10:1.0 March 2008 through January 31, 1998 2009 2.00:1.00 February 1, 2009 through March October 31, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.02009 1.30:1.00 Thereafter 1.50:1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each fiscal quarter ending on the dates set forth below, of not below to be less than the ratio set forth opposite such dateperiod below: Fiscal Quarter End Quarters Ending Minimum Consolidated Fixed Charge Coverage Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 Closing Date through March 31, 1999 0.90:1.0 2013 1.00:1.0 June 30, 1999 2013 and each fiscal quarter end occurring thereafter 1.25:1.01.05:1.0

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each any Measurement Period ending as of the end of any fiscal quarter ending on of the dates Borrower set forth below, of not below to be less than the ratio set forth below opposite such datefiscal quarter: Fiscal Quarter End Measurement Period Ending Minimum Consolidated Fixed Charge Coverage Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2012 and each fiscal quarter end occurring thereafter 1.25:1.01.25-to-1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each any four fiscal quarter ending on period of the dates set forth below, of not Borrower to be less than the ratio set forth below opposite such datefour fiscal quarter period: Four Fiscal Quarter End Quarters Ending Minimum Consolidated Fixed Charge Coverage Ratio ------------------ ----------- September 30, 1997 0.80:1.0 Closing Date through December 31, 1997 1.10:1.0 2012 2.00 to 1.00 March 31, 1998 2013 through December 31, 2014 2.25 to 1.00 March 31, 1999 0.90:1.0 June 30, 1999 2015 and each fiscal quarter end occurring thereafter 1.25:1.02.50 to 1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each any fiscal quarter ending on of the dates set forth below, of not Borrower to be less than the ratio set forth below opposite such datefiscal quarter: Four Fiscal Quarter End Quarters Ending Minimum Consolidated Fixed Charge Coverage Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 Closing Date through March 31, 1999 0.90:1.0 June 30, 1999 2009 1.25 to 1.00 July 1, 2009 and each fiscal quarter end occurring thereafter 1.25:1.01.35 to 1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on as of the last day end of each any fiscal quarter ending on the dates set forth belowquarter, of not to be less than the ratio set forth below opposite such dateperiod: Fiscal Quarter End Ending Minimum Consolidated Fixed Charge Coverage Ratio ------------------ ----------- December 31, 2009 3.50 to 1.00 March 31, 2010 3.50 to 1.00 June 30, 2010 3.50 to 1.00 September 30, 1997 0.80:1.0 2010 3.50 to 1.00 December 31, 1997 1.10:1.0 2010 3.50 to 1.00 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2011 and each fiscal quarter end occurring thereafter 1.25:1.04.00 to 1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Commencing with the Borrower’s Fiscal Quarter ending on or about March 31, 2006, permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each fiscal quarter any Fiscal Quarter ending on the dates during any period set forth below, of not in the table below to be less than the ratio set forth opposite such date: Fiscal Quarter End Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.0period in such table.

Consolidated Fixed Charge Coverage Ratio. Maintain a Consolidated Fixed Charge Coverage Ratio, calculated on as of the last day end of each fiscal quarter of Company ending on during the dates set forth periods specified below, for the four fiscal quarters then ending, a Consolidated Fixed Coverage Ratio of not less than the ratio set forth opposite such datefollowing amounts during the periods specified below: Fiscal Quarter End Period Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 Effective Date through March 31, 1999 0.90:1.0 June 30, 1999 6/30/03 1.00 to 1 7/01/03 through 12/31/03 ..90 to 1 1/01/04 through 12/31/04 1.00 to 1 1/01/05 and each fiscal quarter end occurring thereafter 1.25:1.01.25 to 1

Consolidated Fixed Charge Coverage Ratio. Maintain a The Guarantor shall ensure that the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each any fiscal quarter ending on of the dates Guarantor during any period set forth below, of not shall at no time be less than the applicable ratio set forth opposite such datebelow: Fiscal Quarter End Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring falling in period Consolidated Fixed Charge Coverage Ratio Effective Date through to 30 June 2018 4.0 to 1.0 30 September 2018 and thereafter 1.25:1.02.0 to 1.0

Consolidated Fixed Charge Coverage Ratio. Maintain a Consolidated Fixed Charge Coverage RatioMaintain, calculated on as of the last day of each fiscal quarter (except for the fiscal quarter ending on June 30, 2007), for the dates set forth below, Measuring Period then ending a Consolidated Fixed Charge Coverage Ratio of not less than the ratio set forth opposite such datethe applicable period: Fiscal Quarter End Ending Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 3/31/07 1.00 to 1.0 9/30/07 and each fiscal quarter end occurring ending thereafter 1.25:1.01.25 to 1.0”

Consolidated Fixed Charge Coverage Ratio. Maintain a Consolidated Permit the Fixed Charge Coverage Ratio, calculated on as at the last day end of each such fiscal quarter ending on for the dates period of four consecutive fiscal quarters of the Borrower ended during any period set forth below, of not less than to exceed the ratio set forth below opposite such dateperiod: Fiscal Quarter End Period Consolidated Fixed Charge Coverage Ratio ------------------ ----------- First Amendment Effective Date through September 30, 1997 0.80:1.0 2008 3.00 to 1.00 October 1, 2008 through December 31, 1997 1.10:1.0 March 2008 2.50 to 1.00 January 1, 2009 through December 31, 1998 through March 312009 2.00 to 1.00 January 1, 1999 0.90:1.0 June 30, 1999 2010 and each fiscal quarter end occurring thereafter 1.25:1.01.75 to 1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on the last day of each fiscal quarter ending on the dates set forth below, of not Ratio to be less than (a) as of the ratio set forth opposite such date: Fiscal Quarter End Ratio ------------------ ----------- ending March 31, 2016, 1.25:1.00, (b) as of the Fiscal Quarters ending June 30, 2016 and September 30, 1997 0.80:1.0 2016, 0.60:1.00, (c) as of the Fiscal Quarter ending December 31, 1997 1.10:1.0 2016, 0.95:1.00 and (d) as of the Fiscal Quarter ending March 31, 1998 through March 312017, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.01.15:1.00.

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day of each any fiscal quarter ending on of the dates set forth below, of not Company to be less than the ratio set forth opposite such dateindicated: Fiscal Quarter End Minimum Consolidated Fixed Charge Coverage Ratio ------------------ ----------- September 3027, 1997 0.80:1.0 2020 1.50:1.00 December 3127, 1997 1.10:1.0 2020 1.35:1.00 March 3128, 1998 through March 312021 1.45:1.00 June 27, 1999 0.90:1.0 June 302021 and September 26, 1999 2021 2.25:1.00 December 26, 2021 and each fiscal quarter end occurring thereafter 1.25:1.02.50:1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a The Company will not, as at the last day of any period of four consecutive fiscal quarters of the Company, permit the Consolidated Fixed Charge Coverage Ratio, calculated on the last day of each Ratio ending with any fiscal quarter ending on the dates set forth below, of not below to less than the ratio set forth below opposite such datefiscal quarter: Consolidated Fixed Charge Fiscal Quarter End Coverage Ratio ------------------ ----------- March 29, 2009 1:25 to 1.00 June 28, 2009 1:15 to 1:00 September 3027, 1997 0.80:1.0 2009 1:10 to 1:00 December 3127, 1997 1.10:1.0 2009 1:15 to 1:00 March 3128, 1998 through March 312010 1:20 to 1:00 June 27, 1999 0.90:1.0 June 30, 1999 2010 and each fiscal quarter end occurring thereafter 1.25:1.01:25 to 1:00”

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each any fiscal quarter ending on of the dates Parent during the applicable period set forth below to be greater than the ratio corresponding to such period as set forth below, of not less than the ratio set forth opposite such date: Fiscal Quarter End Period Maximum Fixed Charge Coverage Ratio ------------------ ----------- September 30, 1997 0.80:1.0 Closing Date through December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring thereafter 1.25:1.02013 1.50:1.00 Thereafter 1.25:1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each any fiscal quarter of the Parent ending on the dates set forth below, of not during a period specified below to be less than the ratio set forth below opposite such datefiscal quarter: Fiscal Quarter End Ratio ------------------ ----------- September Closing Date through June 30, 1997 0.80:1.0 2004 0.95 to 1.00 July 1, 2004 through December 31, 1997 1.10:1.0 March 312005 1.05 to 1.00 January 1, 1998 2006 through March 31, 1999 0.90:1.0 June 302006 1.00 to 1.00 April 1, 1999 2006 and each fiscal quarter end occurring thereafter 1.25:1.01.05 to 1.00 *****

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage RatioRatio for any period of four consecutive fiscal quarters, calculated on the last day of in each fiscal quarter ending on the dates case taken as one accounting period, ended during any period set forth below, of not below to be less than the ratio amount set forth opposite such dateperiod below: Fiscal Quarter End Period Ratio ------------------ ----------- September 30, 1997 0.80:1.0 ------ ----- December 31, 1997 1.10:1.0 March 311999 to June 29, 1998 through March 31, 1999 0.90:1.0 2001 1.00:1.00 June 30, 1999 2001 to June 28, 2002 1.05:1.00 June 29, 2002 to June 27, 2003 1.05:1.00 June 28, 2003 and each fiscal quarter end occurring thereafter 1.25:1.01.10:1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as at the last day of each any fiscal quarter for the period of four consecutive fiscal quarters of the Borrower then ending on the dates set forth below, of not to be less than the ratio set forth below opposite such datefiscal quarter: Fiscal Quarter End Ending Consolidated Fixed Charge Coverage Ratio ------------------ ----------- September 30, 1997 0.80:1.0 2013 and December 31, 1997 1.10:1.0 2013 1.15:1.00 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2014 and each fiscal quarter end occurring ending thereafter 1.25:1.01.25:1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a As of the last day of any fiscal quarter ending during the periods specified below, permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio to be less than the corresponding ratio set forth below: Period Minimum Ratio Effective Date through the last day of each the fourth fiscal quarter ending on of the dates set forth below, 2015 fiscal year 1.05 to 1.00 The last day of not less than the ratio set forth opposite such date: Fiscal Quarter End Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 and each first fiscal quarter end occurring of the 2016 fiscal year through the last day of the fourth fiscal quarter of the 2016 fiscal year 1.075 to 1.00 The last day of the first fiscal quarter of the 2017 fiscal year and thereafter 1.25:1.01.10 to 1.00

Consolidated Fixed Charge Coverage Ratio. Maintain a The Guarantor shall ensure that the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each any fiscal quarter ending on of the dates Guarantor during any period set forth below, of not shall at no time be less than the applicable ratio set forth opposite such datebelow: Fiscal Quarter End Ratio ------------------ ----------- September 30, 1997 0.80:1.0 December 31, 1997 1.10:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 and each fiscal quarter end occurring falling in period Consolidated Fixed Charge Coverage Ratio 26 June 2013 to 30 June 2015 4.0 to 1.0 30 September 2015 and thereafter 1.25:1.02.0 to 1.0

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on as of the last day end of each any fiscal quarter of Borrower commencing with the fiscal quarter ending on the dates set forth belowSeptember 30, of not 2012 to be less than the ratio set forth opposite such datebelow for the fiscal quarters ending during the period indicated: Fiscal Quarter End Ending Minimum Ratio ------------------ ----------- September 30, 1997 0.80:1.0 2012 – December 31, 1997 1.10:1.0 2012 1.00:1.0 March 31, 1998 through March 31, 1999 0.90:1.0 2013 – June 30, 1999 2013 1.10:1.0 September 30, 2013 and each fiscal quarter end occurring thereafter 1.25:1.0

Consolidated Fixed Charge Coverage Ratio. Maintain a Permit the Consolidated Fixed Charge Coverage Ratio, calculated on Ratio as of the last day end of each any Measurement Period ending as of the end of any fiscal quarter ending on of the dates set forth below, of not Borrower to be less than the ratio set forth below opposite such dateperiodthan 1.15 to 1.00: Four Fiscal Quarter End Quarters Ending Minimum Consolidated Fixed Charge Coverage Ratio ------------------ ----------- March 31, 2017 1.10 to 1.00 June 30, 2017 1.05 to 1.00 September 30, 1997 0.80:1.0 2017 1.05 to 1.00 December 31, 1997 1.10:1.0 2017 1.10 to 1.00 March 31, 1998 through March 31, 1999 0.90:1.0 June 30, 1999 2018 and each fiscal quarter end occurring thereafter 1.25:1.01.25 to 1.00