Common use of Consolidated Leverage Ratio Clause in Contracts

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarter: June 30, 2010 6.25 to 1.00 September 30, 2010 5.75 to 1.00 December 31, 2010 5.50 to 1.00 March 31, 2011 5.50 to 1.00 June 30, 2011 5.25 to 1.00 September 30, 2011 5.00 to 1.00 December 31, 2011 4.75 to 1.00 March 31, 2012 4.75 to 1.00 June 30, 2012 4.75 to 1.00 September 30, 2012 4.50 to 1.00 December 31, 2012 4.50 to 1.00 March 31, 2013 4.50 to 1.00 June 30, 2013 4.50 to 1.00 September 30, 2013 4.25 to 1.00 December 31, 2013 4.25 to 1.00 March 31, 2014 4.25 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower (or, if less, the number of full fiscal quarters subsequent to the Closing Date) ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarter: Consolidated Fiscal Quarter Leverage Ratio -------------- -------------- September 30, 2005 3.50 to 1.00 December 31, 2005 3.50 to 1.00 March 31, 2006 3.25 to 1.00 June 30, 2006 3.25 to 1.00 September 30, 2006 3.125 to 1.00 December 31, 2006 3.00 to 1.00 March 31, 2007 2.50 to 1.00 June 30, 2007 2.50 to 1.00 September 30, 2007 2.50 to 1.00 December 31, 2007 2.50 to 1.00 March 31, 2008 2.00 to 1.00 June 30, 2008 2.00 to 1.00 September 30, 2008 2.00 to 1.00 December 31, 2008 2.00 to 1.00 March 31, 2009 1.50 to 1.00 June 30, 2009 1.50 to 1.00 September 30, 2009 1.50 to 1.00 December 31, 2009 1.50 to 1.00 March 31, 2010 1.50 to 1.00 June 30, 2010 6.25 1.50 to 1.00 September 30, 2010 5.75 1.50 to 1.00 December 31, 2010 5.50 1.50 to 1.00 March 31, 2011 5.50 1.50 to 1.00 June 30, 2011 5.25 to 1.00 September 30, 2011 5.00 to 1.00 December 31, 2011 4.75 to 1.00 March 31, 2012 4.75 to 1.00 June 30, 2012 4.75 to 1.00 September 30, 2012 4.50 to 1.00 December 31, 2012 4.50 to 1.00 March 31, 2013 4.50 to 1.00 June 30, 2013 4.50 to 1.00 September 30, 2013 4.25 to 1.00 December 31, 2013 4.25 to 1.00 March 31, 2014 4.25 1.50 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarter: Consolidated Fiscal Period Leverage Ratio ------------- -------------- September 30, 2002 6.00 to 1.00 December 31, 2002 6.00 to 1.00 March 31, 2003 6.00 to 1.00 June 30, 2010 6.25 2003 6.00 to 1.00 September 30, 2010 5.75 2003 6.00 to 1.00 December 31, 2010 2003 5.50 to 1.00 March 31, 2011 2004 5.50 to 1.00 June 30, 2011 5.25 2004 5.50 to 1.00 September 30, 2011 5.00 2004 5.50 to 1.00 December 31, 2011 2004 4.75 to 1.00 March 31, 2012 2005 4.75 to 1.00 June 30, 2012 2005 4.75 to 1.00 September 30, 2012 4.50 2005 4.75 to 1.00 December 31, 2012 4.50 2005 4.00 to 1.00 March 31, 2013 4.50 2006 4.00 to 1.00 June 30, 2013 4.50 2006 4.00 to 1.00 September 30, 2013 4.25 2006 4.00 to 1.00 December 31, 2013 4.25 2006 and each Fiscal Quarter 3.50 to 1.00 March 31, 2014 4.25 to 1.00thereafter

Consolidated Leverage Ratio. Permit Commencing with the last day of the first full fiscal quarter commencing after the Closing Date, permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarter: March 31, 2004 4.25:1.00 June 30, 2004 4.25:1.00 September 30, 2004 4.25:1.00 December 31, 2004 3.75:1.00 March 31, 2005 3.30:1.00 June 30, 2005 3.25:1.00 September 30, 2005 3.00:1.00 December 31, 2005 3.00:1.00 March 31, 2006 3.00:1.00 June 30, 2006 3.00:1.00 September 30, 2006 2.50:1.00 December 31, 2006 2.50:1.00 March 31, 2007 2.50:1.00 June 30, 2007 2.50:1.00 September 30, 2007 2.50:1.00 December 31, 2007 2.50:1.00 March 31, 2008 2.50:1.00 June 30, 2008 2.50:1.00 September 30, 2008 2.50:1.00 December 31, 2008 2.50:1.00 March 31, 2009 2.50:1.00 June 30, 2009 2.50:1.00 September 30, 2009 2.50:1.00 December 31, 2009 2.50:1.00 March 31, 2010 2.50:1.00 June 30, 2010 6.25 to 1.00 2.50:1.00 September 30, 2010 5.75 to 1.00 2.50:1.00 December 31, 2010 5.50 to 1.00 March 31, 2011 5.50 to 1.00 June 30, 2011 5.25 to 1.00 September 30, 2011 5.00 to 1.00 December 31, 2011 4.75 to 1.00 March 31, 2012 4.75 to 1.00 June 30, 2012 4.75 to 1.00 September 30, 2012 4.50 to 1.00 December 31, 2012 4.50 to 1.00 March 31, 2013 4.50 to 1.00 June 30, 2013 4.50 to 1.00 September 30, 2013 4.25 to 1.00 December 31, 2013 4.25 to 1.00 March 31, 2014 4.25 to 1.002.50:1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarter: December 31, 2004 5.75 to 1.00 March 31, 2005 5.75 to 1.00 June 30, 2010 6.25 2005 5.70 to 1.00 September 30, 2010 5.75 2005 5.60 to 1.00 December 31, 2010 2005 5.50 to 1.00 March 31, 2011 2006 5.50 to 1.00 June 30, 2011 5.25 2006 5.40 to 1.00 September 30, 2011 5.00 2006 5.25 to 1.00 December 31, 2011 2006 5.10 to 1.00 March 31, 2007 5.00 to 1.00 June 30, 2007 5.00 to 1.00 September 30, 2007 4.75 to 1.00 December 31, 2007 4.75 to 1.00 March 31, 2012 2008 4.75 to 1.00 June 30, 2012 2008 4.75 to 1.00 September 30, 2012 2008 4.50 to 1.00 December 31, 2012 2008 4.50 to 1.00 March 31, 2013 2009 4.50 to 1.00 June 30, 2013 4.50 2009 4.25 to 1.00 September 30, 2013 4.25 2009 4.00 to 1.00 December 31, 2013 4.25 2009 3.75 to 1.00 March 31, 2014 4.25 2010 3.75 to 1.00 June 30, 2010 3.75 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio of the Borrower as at of the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) immediately prior to exceed such Triggering Event and any subsequent fiscal quarter ending during the continuance of such Triggering Event to be greater than the ratio set forth below opposite such fiscal quarterdate below: Fiscal Quarter Ended Ratio June 30, 2007 8.25 to 1.00 September 30, 2007 8.25 to 1.00 December 31, 2007 8.00 to 1.00 March 31, 2008 8.00 to 1.00 June 30, 2008 8.00 to 1.00 September 30, 2008 8.00 to 1.00 December 31, 2008 7.80 to 1.00 March 31, 2009 7.80 to 1.00 June 30, 2009 7.80 to 1.00 September 30, 2009 7.80 to 1.00 December 31, 2009 7.40 to 1.00 March 31, 2010 7.40 to 1.00 June 30, 2010 6.25 7.40 to 1.00 September 30, 2010 5.75 7.40 to 1.00 December 31, 2010 5.50 7.00 to 1.00 March 31, 2011 5.50 7.00 to 1.00 June 30, 2011 5.25 7.00 to 1.00 September 30, 2011 5.00 7.00 to 1.00 December 31, 2011 4.75 to 1.00 March 31, 2012 4.75 to 1.00 June 30, 2012 4.75 to 1.00 September 30, 2012 4.50 to 1.00 December 31, 2012 4.50 to 1.00 March 31, 2013 4.50 to 1.00 June 30, 2013 4.50 to 1.00 September 30, 2013 4.25 to 1.00 December 31, 2013 4.25 to 1.00 March 31, 2014 4.25 and thereafter 6.50 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any time during any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed be greater than the ratio set forth below opposite such fiscal quarterperiod: June 30, 2007 6.00 to 1.00 September 30, 2007 6.00 to 1.00 December 31, 2007 6.00 to 1.00 March 31, 2008 5.90 to 1.00 June 30, 2008 5.80 to 1.00 September 30, 2008 5.70 to 1.00 December 31, 2008 5.60 to 1.00 March 31, 2009 5.50 to 1.00 June 30, 2009 5.50 to 1.00 September 30, 2009 5.30 to 1.00 December 31, 2009 5.20 to 1.00 March 31, 2010 6.25 5.10 to 1.00 June 30, 2010 5.00 to 1.00 September 30, 2010 5.75 4.90 to 1.00 December 31, 2010 5.50 4.80 to 1.00 March 31, 2011 5.50 4.70 to 1.00 June 30, 2011 5.25 4.60 to 1.00 September 30, 2011 5.00 4.50 to 1.00 December 31, 2011 4.75 4.40 to 1.00 March 31, 2012 4.75 4.30 to 1.00 June 30, 2012 4.75 4.20 to 1.00 September 30, 2012 4.50 4.10 to 1.00 December 31, 2012 4.50 to 1.00 March 31, 2013 4.50 to 1.00 June 30, 2013 4.50 to 1.00 September 30, 2013 4.25 to 1.00 December 31, 2013 4.25 to 1.00 March 31, 2014 4.25 and thereafter 4.00 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter date set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarterdate: June 30, 2010 6.25 to 1.00 Consolidated Date Leverage Ratio ---------- -------------- September 30, 2010 5.75 1998 5.25 to 1.00 December 31, 2010 5.50 1998 5.00 to 1.00 March 31, 2011 5.50 1999 5.00 to 1.00 June 30, 2011 5.25 to 1.00 September 30, 2011 5.00 to 1.00 December 31, 2011 4.75 to 1.00 March 31, 2012 4.75 to 1.00 June 30, 2012 1999 4.75 to 1.00 September 30, 2012 4.50 1999 4.75 to 1.00 December 31, 2012 1999 4.50 to 1.00 March 31, 2013 4.50 2000 4.25 to 1.00 June 30, 2013 4.50 2000 4.25 to 1.00 September 30, 2013 2000 4.25 to 1.00 December 31, 2013 4.25 2000 4.00 to 1.00 March 31, 2014 4.25 2001 3.50 to 1.001.00 June 30, 2001 3.50 to 1.00 September 30, 2001 3.50 to 1.00 December 31, 2001 3.50 to 1.00 March 31, 2002 3.50 to 1.00 June 30, 2002 3.00 to 1.00 September 30, 2002 3.00 to 1.00 December 31, 2002 3.00 to 1.00 March 31, 2003 3.00 to 1.00 June 30, 2003 3.00 to 1.00 September 30, 2003 3.00 to 1.00 December 31, 2003 3.00 to 1.00 March 31, 2004 2.50 to 1.00 June 30, 2004 2.50 to 1.00 September 30, 2004 2.50 to 1.00 --------------

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarter: June 30, 2010 6.25 to 1.00 September 30, 2010 5.75 to 1.00 December 31, 2010 2005 5.50 to 1.00 March 31, 2011 2006 5.50 to 1.00 June 30, 2011 5.25 2006 5.50 to 1.00 September 30, 2011 5.00 2006 5.25 to 1.00 December 31, 2011 4.75 2006 5.25 to 1.00 March 31, 2012 4.75 2007 5.00 to 1.00 June 30, 2012 4.75 2007 5.00 to 1.00 September 30, 2012 4.50 2007 4.75 to 1.00 December 31, 2012 2007 4.50 to 1.00 March 31, 2013 2008 4.50 to 1.00 June 30, 2013 4.50 2008 4.25 to 1.00 September 30, 2013 2008 4.25 to 1.00 December 31, 2013 4.25 2008 4.00 to 1.00 March 31, 2014 4.25 2009 4.00 to 1.00 June 30, 2009 3.75 to 1.00 September 30, 2009 3.75 to 1.00 December 31, 2009 3.50 to 1.00 March 31, 2010 3.50 to 1.00 June 30, 2010 and thereafter 3.25 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarter: June 30April 2, 2010 2005 6.50 to 1.00 July 2, 2005 6.50 to 1.00 October 1, 2005 6.50 to 1.00 December 31, 2005 6.50 to 1.00 April 1, 2006 6.25 to 1.00 July 1, 2006 6.25 to 1.00 September 30, 2010 5.75 2006 6.00 to 1.00 December 3130, 2010 5.50 2006 5.75 to 1.00 March 31, 2011 2007 5.50 to 1.00 June 30, 2011 2007 5.50 to 1.00 September 29, 2007 5.25 to 1.00 December 29, 2007 5.25 to 1.00 March 29, 2008 5.00 to 1.00 June 28, 2008 5.00 to 1.00 September 3027, 2008 4.75 to 1.00 January 3, 2009 4.75 to 1.00 April 4, 2009 4.50 to 1.00 July 4, 2009 4.50 to 1.00 October 3, 2009 4.25 to 1.00 January 2, 2010 4.25 to 1.00 April 3, 2010 4.25 to 1.00 July 3, 2010 4.25 to 1.00 October 2, 2010 4.00 to 1.00 January 1, 2011 5.00 4.00 to 1.00 April 2, 2011 3.75 to 1.00 July 2, 2011 3.75 to 1.00 October 1, 2011 3.50 to 1.00 December 31, 2011 4.75 to 1.00 March 31, 2012 4.75 to 1.00 June 30, 2012 4.75 to 1.00 September 30, 2012 4.50 to 1.00 December 31, 2012 4.50 to 1.00 March 31, 2013 4.50 to 1.00 June 30, 2013 4.50 to 1.00 September 30, 2013 4.25 to 1.00 December 31, 2013 4.25 to 1.00 March 31, 2014 4.25 3.50 to 1.00

Consolidated Leverage Ratio. Permit Commencing with the first full fiscal quarter after the quarter in which the Funding Date occurs, permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarter: June 30, 2007 4.00 to 1.00 2.50 to 1.00 September 30, 2007 4.00 to 1.00 2.50 to 1.00 December 31, 2007 4.00 to 1.00 2.50 to 1.00 March 31, 2008 3.75 to 1.00 2.25 to 1.00 June 30, 2008 3.75 to 1.00 2.25 to 1.00 September 30, 2008 3.75 to 1.00 2.25 to 1.00 December 31, 2008 3.75 to 1.00 2.25 to 1.00 March 31, 2009 3.25 to 1.00 1.75 to 1.00 June 30, 2009 3.25 to 1.00 1.75 to 1.00 September 30, 2009 3.25 to 1.00 1.75 to 1.00 December 31, 2009 3.25 to 1.00 1.75 to 1.00 March 31, 2010 6.25 2.75 to 1.00 1.50 to 1.00 June 30, 2010 2.75 to 1.00 1.50 to 1.00 September 30, 2010 5.75 2.75 to 1.00 1.50 to 1.00 December 31, 2010 5.50 2.75 to 1.00 1.50 to 1.00 March 31, 2011 5.50 2010 2.25 to 1.00 1.50 to 1.00 June 30, 2011 5.25 2010 2.25 to 1.00 1.50 to 1.00 September 30, 2011 5.00 2010 2.25 to 1.00 1.50 to 1.00 December 31, 2011 4.75 2010 and each quarter thereafter 2.25 to 1.00 March 31, 2012 4.75 1.50 to 1.00 June 30; provided that if the Incurred Amount is less than $300,000,000 but greater than $180,000,000, 2012 4.75 to 1.00 September 30the numerator in each of the above ratios shall be adjusted as follows by (a) the product of the Ratio Difference times the Adjustment Factor plus (b) the numerator in the ratio set forth above for the $180 Million Base Case for the applicable quarter. For purposes of this Section 8.1(a), 2012 4.50 to 1.00 December 31, 2012 4.50 to 1.00 March 31, 2013 4.50 to 1.00 June 30, 2013 4.50 to 1.00 September 30, 2013 4.25 to 1.00 December 31, 2013 4.25 to 1.00 March 31, 2014 4.25 to 1.00the following terms shall have the following meanings:

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any time during any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed be greater than the ratio set forth below opposite such fiscal quarterperiod: March 31, 2012 5.50 to 1.00 June 30, 2010 6.25 2012 5.50 to 1.00 September 30, 2010 5.75 2012 5.50 to 1.00 December 31, 2010 2012 5.50 to 1.00 March 31, 2011 5.50 2013 5.25 to 1.00 June 30, 2011 2013 5.25 to 1.00 September 30, 2011 2013 5.25 to 1.00 December 31, 2013 5.25 to 1.00 March 31, 2014 5.25 to 1.00 June 30, 2014 5.25 to 1.00 September 30, 2014 5.25 to 1.00 December 31, 2014 5.25 to 1.00 March 31, 2015 5.00 to 1.00 June 30, 2015 5.00 to 1.00 September 30, 2015 5.00 to 1.00 December 31, 2011 4.75 2015 5.00 to 1.00 March 31, 2012 4.75 2016 5.00 to 1.00 June 30, 2012 4.75 2016 5.00 to 1.00 September 30, 2012 4.50 2016 5.00 to 1.00 December 31, 2012 4.50 2016 5.00 to 1.00 March 31, 2013 4.50 2017 5.00 to 1.00 June 30, 2013 4.50 2017 5.00 to 1.00 September 30, 2013 4.25 2017 5.00 to 1.00 December 31, 2013 4.25 2017 5.00 to 1.00 March 31, 2014 4.25 2018 5.00 to 1.001.00 June 30, 2018 5.00 to 1.00 September 30, 2018 5.00 to 1.00 December 31, 2018 5.00 to 1.00 Section 7.12. [Reserved].

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarter: June 30, 2010 6.25 to 1.00 Fiscal Quarter Consolidated Ending On or About Leverage Ratio ------------------ -------------- September 30, 2010 5.75 to 1.00 December 31, 2010 5.50 to 1.00 March 31, 2011 5.50 to 1.00 June 30, 2011 5.25 to 1.00 September 30, 2011 5.00 to 1.00 December 31, 2011 4.75 to 1.00 March 31, 2012 4.75 to 1.00 June 30, 2012 4.75 to 1.00 September 30, 2012 2002 4.50 to 1.00 December 31, 2012 2002 4.50 to 1.00 March 31, 2013 2003 4.50 to 1.00 June 30, 2013 2003 4.50 to 1.00 September 30, 2013 2003 4.25 to 1.00 December 31, 2013 2003 4.25 to 1.00 March 31, 2014 4.25 2004 4.00 to 1.001.00 June 30, 2004 4.00 to 1.00 September 30, 2004 3.75 to 1.00 December 31, 2004 3.75 to 1.00 March 31, 2005 3.50 to 1.00 June 30, 2005 3.50 to 1.00 September 30, 2005 3.25 to 1.00 December 31, 2005 3.25 to 1.00 March 31, 2006 3.00 to 1.00 June 30, 2006 3.00 to 1.00 September 30, 2006 3.00 to 1.00 December 31, 2006 and 3.00 to 1.00 thereafter

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 20102011) to exceed the ratio set forth below opposite such fiscal quarter: June 30, 2010 6.25 to 1.00 September 30, 2010 5.75 to 1.00 December 31, 2010 5.50 to 1.00 March 31, 2011 5.50 to 1.00 June 30, 2011 5.25 to 1.00 September 30, 2011 5.00 to 1.00 December 31, 2011 4.75 5.50to 1.00 March 31, 2012 5.25 to 1.00 June 30, 2012 5.25 to 1.00 September 30, 2012 5.25 to 1.00 December 31, 2012 5.25 to 1.00 March 31, 2012 2013 5.25 to 1.00 June 30, 2013 5.25 to 1.00 September 30, 2013 5.00 to 1.00 December 31, 2013 5.00 to 1.00 March 31, 2014 4.75 to 1.00 June 30, 2012 2014 4.75 to 1.00 September 30, 2012 2014 4.50 to 1.00 December 31, 2012 2014 4.50 to 1.00 March 31, 2013 4.50 2015 4.25 to 1.00 June 30, 2013 4.50 2015 4.25 to 1.00 September 30, 2013 2015 4.25 to 1.00 December 31, 2013 4.25 to 1.00 March 31, 2014 2015 and thereafter 4.25 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 20102011) to exceed the ratio set forth below opposite such fiscal quarter: June 30, 2010 6.25 to 1.00 September 30, 2010 5.75 to 1.00 December 31, 2010 5.50 to 1.00 March 31, 2011 5.50 5.25 to 1.00 June 30, 2011 5.25 to 1.00 September 30, 2011 5.00 to 1.00 December 31, 2011 4.75 5.005.50 to 1.00 March 31, 2012 4.75 4.755.25 to 1.00 June 30, 2012 4.75 4.755.25 to 1.00 September 30, 2012 4.50 4.755.25 to 1.00 December 31, 2012 4.50 4.755.25 to 1.00 March 31, 2013 4.50 4.755.25 to 1.00 June 30, 2013 4.50 4.755.25 to 1.00 September 30, 2013 4.25 4.505.00 to 1.00 December 31, 2013 4.25 4.505.00 to 1.00 March 31, 2014 4.25 4.254.75 to 1.00 June 30, 2014 4.254.75 to 1.00 September 30, 2014 4.004.50 to 1.00 December 31, 2014 4.004.50 to 1.00 March 31, 2015 3.754.25 to 1.00 June 30, 2015 3.754.25 to 1.00 September 30, 2015 3.754.25 to 1.00 December 31, 2015 and thereafter 3.754.25 to 1.00

Consolidated Leverage Ratio. Permit Subject to Section 8.1(e), permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with time during any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarter: Fiscal Quarter Consolidated Leverage Ratio -------------- --------------------------- March 31, 2003 6.35 to 1.0 June 30, 2003 6.35 to 1.0 September 30, 2003 6.35 to 1.0 December 31, 2003 6.35 to 1.0 March 31, 2004 6.25 to 1.0 June 30, 2004 6.25 to 1.0 September 30, 2004 6.00 to 1.0 December 31, 2004 6.00 to 1.0 March 31, 2005 5.75 to 1.0 June 30, 2005 5.50 to 1.0 September 30, 2005 5.25 to 1.0 December 31, 2005 5.00 to 1.0 March 31, 2006 4.50 to 1.0 June 30, 2006 4.50 to 1.0 Fiscal Quarter Consolidated Leverage Ratio -------------- --------------------------- September 30, 2006 4.50 to 1.0 December 31, 2006 4.50 to 1.0 March 31, 2007 4.00 to 1.0 June 30, 2007 4.00 to 1.0 September 30, 2007 4.00 to 1.0 December 31, 2007 4.00 to 1.0 March 31, 2008 3.50 to 1.0 June 30, 2008 3.50 to 1.0 September 30, 2008 3.50 to 1.0 December 31, 2008 3.50 to 1.0 March 31, 2009 3.25 to 1.0 June 30, 2009 3.25 to 1.0 September 30, 2009 3.25 to 1.0 December 31, 2009 3.25 to 1.0 March 31, 2010 3.00 to 1.0 June 30, 2010 6.25 3.00 to 1.00 September 30, 2010 5.75 to 1.00 December 31, 2010 5.50 to 1.00 March 31, 2011 5.50 to 1.00 June 30, 2011 5.25 to 1.00 September 30, 2011 5.00 to 1.00 December 31, 2011 4.75 to 1.00 March 31, 2012 4.75 to 1.00 June 30, 2012 4.75 to 1.00 September 30, 2012 4.50 to 1.00 December 31, 2012 4.50 to 1.00 March 31, 2013 4.50 to 1.00 June 30, 2013 4.50 to 1.00 September 30, 2013 4.25 to 1.00 December 31, 2013 4.25 to 1.00 March 31, 2014 4.25 to 1.001.0

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 20102011) to exceed the ratio set forth below opposite such fiscal quarter: June 30, 2010 6.25 to 1.00 September 30, 2010 5.75 to 1.00 December 31, 2010 5.50 to 1.00 March 31, 2011 5.50 to 1.00 Fiscal Quarter Consolidated Leverage Ratio June 30, 2011 5.25 to 1.00 September 30, 2011 5.00 to 1.00 December 31, 2011 4.75 5.50 to 1.00 March 31, 2012 5.25 to 1.00 June 30, 2012 5.25 to 1.00 September 30, 2012 5.25 to 1.00 December 31, 2012 5.25 to 1.00 March 31, 2013 5.25 to 1.00 June 30, 2013 5.25 to 1.00 September 30, 2013 5.00 to 1.00 December 31, 2013 5.00 to 1.00 March 31, 2014 4.75 to 1.00 June 30, 2012 2014 4.75 to 1.00 September 30, 2012 2014 4.50 to 1.00 December 31, 2012 2014 4.50 to 1.00 March 31, 2013 4.50 2015 4.25 to 1.00 June 30, 2013 4.50 2015 4.25 to 1.00 September 30, 2013 2015 4.25 to 1.00 December 31, 2013 4.25 to 1.00 March 31, 2014 2015 and thereafter 4.25 to 1.00

Consolidated Leverage Ratio. Permit Commencing with the Borrower’s Fiscal Quarter ending on or about March 31, 2006, permit the Consolidated Leverage Ratio as at of the last day end of any Fiscal Quarter ending during any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth in the table below (commencing with the fiscal quarter ending June 30, 2010) to exceed be greater than the ratio set forth below opposite such fiscal quarterperiod in such table: January 1, 2006 to and including June 30, 2006 6.00:1.00 July 1, 2006 to and including March 31, 2007 5.85:1.00 April 1, 2007 to and including September 30, 2007 5.75:1.00 October 1, 2007 to and including March 31, 2008 5.25:1.00 April 1, 2008 to and including September 30, 2008 5.00:1.00 October 1, 2008 to and including March 31, 2009 4.50:1.00 April 1, 2009 to and including September 30, 2009 4.25:1.00 October 1, 2009 to and including March 31, 2010 6.25 3.75:1.00 April 1, 2010 to 1.00 and including September 30, 2010 5.75 to 1.00 December 313.50:1.00 October 1, 2010 5.50 to 1.00 and including March 31, 2011 5.50 to 1.00 June 303.00:1.00 April 1, 2011 5.25 to 1.00 and including September 30, 2011 5.00 to 1.00 December 312.75:1.00 October 1, 2011 4.75 to 1.00 March 31, 2012 4.75 to 1.00 June 30, 2012 4.75 to 1.00 September 30, 2012 4.50 to 1.00 December 31, 2012 4.50 to 1.00 March 31, 2013 4.50 to 1.00 June 30, 2013 4.50 to 1.00 September 30, 2013 4.25 to 1.00 December 31, 2013 4.25 to 1.00 March 31, 2014 4.25 to 1.00and thereafter 2.50:1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarter: Consolidated Fiscal Quarter Leverage Ratio -------------- -------------- June 30, 2010 6.25 2003 3.75 to 1.00 September 30, 2010 5.75 2003 3.75 to 1.00 December 31, 2010 5.50 2003 3.65 to 1.00 March 31, 2011 5.50 2004 3.50 to 1.00 June 30, 2011 5.25 2004 3.50 to 1.00 September 30, 2011 5.00 2004 3.35 to 1.00 December 31, 2011 4.75 2004 3.35 to 1.00 March 31, 2012 4.75 2005 3.25 to 1.00 June 30, 2012 4.75 2005 3.25 to 1.00 September 30, 2012 4.50 2005 3.25 to 1.00 December 31, 2012 4.50 2005 3.00 to 1.00 March 31, 2013 4.50 2006 3.00 to 1.00 June 30, 2013 4.50 2006 3.00 to 1.00 September 30, 2013 4.25 2006 3.00 to 1.00 December 31, 2013 4.25 2006 3.00 to 1.00 March 31, 2014 4.25 2007 3.00 to 1.00 June 30, 2007 3.00 to 1.00 September 30, 2007 3.00 to 1.00 December 31, 2007 3.00 to 1.00 52 March 31, 2008 3.00 to 1.00 June 30, 2008 3.00 to 1.00 September 30, 2008 3.00 to 1.00 December 31, 2008 3.00 to 1.00 March 31, 2009 3.00 to 1.00 June 30, 2009 3.00 to 1.00 September 30, 2009 3.00 to 1.00 December 31, 2009 3.00 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 20102011) to exceed the ratio set forth below opposite such fiscal quarter: June 30, 2010 6.25 to 1.00 September 30, 2010 5.75 to 1.00 December 31, 2010 5.50 to 1.00 March 31, 2011 5.50 to 1.00 73 Fiscal Quarter Consolidated Leverage Ratio June 30, 2011 5.25 to 1.00 September 30, 2011 5.00 to 1.00 December 31, 2011 4.75 5.50 to 1.00 March 31, 2012 5.25 to 1.00 June 30, 2012 5.25 to 1.00 September 30, 2012 5.25 to 1.00 December 31, 2012 5.25 to 1.00 March 31, 2013 5.25 to 1.00 June 30, 2013 5.25 to 1.00 September 30, 2013 5.00 to 1.00 December 31, 2013 5.00 to 1.00 March 31, 2014 4.75 to 1.00 June 30, 2012 2014 4.75 to 1.00 September 30, 2012 2014 4.50 to 1.00 December 31, 2012 2014 4.50 to 1.00 March 31, 2013 4.50 2015 4.25 to 1.00 June 30, 2013 4.50 2015 4.25 to 1.00 September 30, 2013 2015 4.25 to 1.00 December 31, 2013 4.25 to 1.00 March 31, 2014 2015 and thereafter 4.25 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive time during any fiscal quarters quarter of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed be greater than the ratio set forth below opposite such fiscal quarter: June 30October 1, 2010 6.25 2005 5.50 to 1.00 December 31, 2005 5.50 to 1.00 April 1, 2006 5.50 to 1.00 July 1, 2006 5.50 to 1.00 September 30, 2010 5.75 2006 5.50 to 1.00 December 3130, 2010 2006 5.50 to 1.00 March 31, 2011 5.50 2007 5.00 to 1.00 June 30, 2011 5.25 2007 5.00 to 1.00 September 3029, 2011 2007 5.00 to 1.00 December 3129, 2011 4.75 2007 5.00 to 1.00 March 3129, 2012 4.75 to 1.00 June 30, 2012 4.75 to 1.00 September 30, 2012 4.50 to 1.00 December 31, 2012 4.50 to 1.00 March 31, 2013 2008 4.50 to 1.00 June 3028, 2013 2008 4.50 to 1.00 September 3027, 2013 4.25 2008 4.50 to 1.00 December 31January 3, 2013 4.25 2009 4.50 to 1.00 March 31April 4, 2014 4.25 2009 4.00 to 1.00 July 4, 2009 4.00 to 1.00 October 3, 2009 4.00 to 1.00 January 2, 2010 4.00 to 1.00 April 3, 2010 3.75 to 1.00 July 3, 2010 3.75 to 1.00 October 2, 2010 3.75 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower Holdings ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarter: Consolidated Fiscal Ouarter Ending Leverage Ratio -------------- --------------------- December 31, 2000 6.00 to 1 March 31, 2001 7.10 to 1 June 30, 2010 6.25 2001 7.40 to 1.00 1 September 30, 2010 5.75 2001 7.25 to 1.00 1 December 31, 2010 5.50 2001 6.25 to 1.00 1 March 31, 2011 5.50 2002 6.00 to 1.00 1 June 30, 2011 2002 5.25 to 1.00 1 September 30, 2011 2002 5.00 to 1.00 1 December 31, 2011 2002 4.75 to 1.00 1 March 31, 2012 2003 4.75 to 1.00 1 June 30, 2012 2003 4.75 to 1.00 1 September 30, 2012 2003 4.50 to 1.00 1 December 31, 2012 4.50 2003 4.25 to 1.00 1 March 31, 2013 4.50 2004 4.25 to 1.00 1 June 30, 2013 4.50 2004 4.25 to 1.00 1 September 30, 2013 4.25 2004 4.00 to 1.00 1 December 31, 2013 4.25 2004 4.00 to 1.00 1 March 31, 2014 4.25 2005 4.00 to 1.001 June 30, 2005 4.00 to 1 September 30, 2005 3.75 to 1 December 31, 2005 3.75 to 1 March 31, 2006 3.75 to 1 June 30, 2006 3.75 to 1 Amendment No. 1 ---------------

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarter: June July 31, 2007 6.00 to 1.00 October 31, 2007 6.00 to 1.00 January 31, 2008 5.50 to 1.00 April 30, 2008 5.50 to 1.00 July 31, 2008 5.50 to 1.00 October 31, 2008 5.50 to 1.00 January 31, 2009 4.50 to 1.00 April 30, 2009 4.50 to 1.00 July 31, 2009 4.50 to 1.00 October 31, 2009 4.50 to 1.00 January 31, 2010 3.50 to 1.00 April 30, 2010 6.25 3.50 to 1.00 September 30, 2010 5.75 to 1.00 December July 31, 2010 5.50 3.50 to 1.00 March October 31, 2010 3.50 to 1.00 January 31, 2011 5.50 2.50 to 1.00 June April 30, 2011 5.25 2.50 to 1.00 September 30, 2011 5.00 to 1.00 December July 31, 2011 4.75 2.50 to 1.00 March October 31, 2011 2.50 to 1.00 January 31, 2012 4.75 to 1.00 June 30, 2012 4.75 to 1.00 September 30, 2012 4.50 to 1.00 December 31, 2012 4.50 to 1.00 March 31, 2013 4.50 to 1.00 June 30, 2013 4.50 to 1.00 September 30, 2013 4.25 to 1.00 December 31, 2013 4.25 to 1.00 March 31, 2014 4.25 and thereafter 2.00 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarter: March 31, 2006 5.25 to 1:00 June 30, 2006 5.25 to 1:00 September 30, 2006 5.25 to 1:00 December 31, 2006 5.00 to 1:00 March 31, 2007 4.75 to 1:00 June 30, 2007 4.75 to 1:00 September 30, 2007 4.50 to 1:00 December 31, 2007 4.25 to 1:00 March 31, 2008 4.00 to 1:00 June 30, 2008 4.00 to 1:00 September 30, 2008 3.75 to 1:00 December 31, 2008 3.75 to 1:00 March 31, 2009 3.50 to 1:00 June 30, 2009 3.50 to 1:00 September 30, 2009 3.25 to 1:00 December 31, 2009 3.25 to 1:00 March 31, 2010 3.25 to 1:00 June 30, 2010 6.25 3.00 to 1.00 1:00 September 30, 2010 5.75 3.00 to 1.00 1:00 December 31, 2010 5.50 3.00 to 1.00 1:00 March 31, 2011 5.50 to 1.00 June 30, 2011 5.25 3.00 to 1.00 September 30, 2011 5.00 to 1.00 December 31, 2011 4.75 to 1.00 March 31, 2012 4.75 to 1.00 June 30, 2012 4.75 to 1.00 September 30, 2012 4.50 to 1.00 December 31, 2012 4.50 to 1.00 March 31, 2013 4.50 to 1.00 June 30, 2013 4.50 to 1.00 September 30, 2013 4.25 to 1.00 December 31, 2013 4.25 to 1.00 March 31, 2014 4.25 to 1.001:00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with time during any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarter: Fiscal Quarter Consolidated Leverage Ratio ------------------ --------------------------- December 31, 2005 5.90 to 1.0 March 31, 2006 5.90 to 1.0 June 30, 2006 5.90 to 1.0 September 30, 2006 5.90 to 1.0 December 31, 2006 5.25 to 1.0 March 31, 2007 5.25 to 1.0 June 30, 2007 5.25 to 1.0 September 30, 2007 5.25 to 1.0 December 31, 2007 4.50 to 1.0 March 31, 2008 4.50 to 1.0 June 30, 2008 4.50 to 1.0 September 30, 2008 4.50 to 1.0 December 31, 2008 3.50 to 1.0 March 31, 2009 3.50 to 1.0 June 30, 2009 3.50 to 1.0 September 30, 2009 3.50 to 1.0 December 31, 2009 3.50 to 1.0 March 31, 2010 3.50 to 1.0 June 30, 2010 6.25 3.50 to 1.00 1.0 Fiscal Quarter Consolidated Leverage Ratio ------------------ --------------------------- September 30, 2010 5.75 3.50 to 1.00 1.0 December 31, 2010 5.50 3.50 to 1.00 1.0 March 31, 2011 5.50 3.50 to 1.00 1.0 June 30, 2011 5.25 3.50 to 1.00 September 30, 2011 5.00 to 1.00 December 31, 2011 4.75 to 1.00 March 31, 2012 4.75 to 1.00 June 30, 2012 4.75 to 1.00 September 30, 2012 4.50 to 1.00 December 31, 2012 4.50 to 1.00 March 31, 2013 4.50 to 1.00 June 30, 2013 4.50 to 1.00 September 30, 2013 4.25 to 1.00 December 31, 2013 4.25 to 1.00 March 31, 2014 4.25 to 1.001.0

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 20102011) to exceed the ratio set forth below opposite such fiscal quarter: June 30, 2010 6.25 to 1.00 September 30, 2010 5.75 to 1.00 December 31, 2010 5.50 to 1.00 March 31, 2011 5.50 5.25 to 1.00 June 30, 2011 5.25 to 1.00 September 30, 2011 5.00 to 1.00 December 31, 2011 4.75 5.00 to 1.00 March 31, 2012 4.75 to 1.00 June 30, 2012 4.75 to 1.00 September 30, 2012 4.75 to 1.00 December 31, 2012 4.75 to 1.00 March 31, 2013 4.75 to 1.00 June 30, 2013 4.75 to 1.00 September 30, 2013 4.50 to 1.00 December 31, 2012 4.50 to 1.00 March 31, 2013 4.50 to 1.00 June 30, 2013 4.50 to 1.00 September 30, 2013 4.25 to 1.00 December 31, 2013 4.25 to 1.00 March 31, 2014 4.25 to 1.00 June 30, 2014 4.25 to 1.00 September 30, 2014 4.00 to 1.00 December 31, 2014 4.00 to 1.00 March 31, 2015 3.75 to 1.00 June 30, 2015 3.75 to 1.00 September 30, 2015 3.75 to 1.00 December 31, 2015 and thereafter 3.75 to 1.00

Consolidated Leverage Ratio. Permit At any time after the payment in full of the First Lien Loans and Second Lien Loans and any Permitted Refinancing Indebtedness in respect thereof, permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarter: March 31, 2006 5.75 to 1:00 June 30, 2006 5.75 to 1:00 September 30, 2006 5.75 to 1:00 December 31, 2006 5.50 to 1:00 March 31, 2007 5.25 to 1:00 June 30, 2007 5.25 to 1:00 September 30, 2007 5.00 to 1:00 December 31, 2007 4.75 to 1:00 March 31, 2008 4.50 to 1:00 June 30, 2008 4.50 to 1:00 September 30, 2008 4.25 to 1:00 December 31, 2008 4.25 to 1:00 March 31, 2009 4.00 to 1:00 June 30, 2009 4.00 to 1:00 September 30, 2009 3.75 to 1:00 December 31, 2009 3.75 to 1:00 March 31, 2010 3.75 to 1:00 June 30, 2010 6.25 and each fiscal quarter thereafter 3.50 to 1.00 September 30, 2010 5.75 to 1.00 December 31, 2010 5.50 to 1.00 March 31, 2011 5.50 to 1.00 June 30, 2011 5.25 to 1.00 September 30, 2011 5.00 to 1.00 December 31, 2011 4.75 to 1.00 March 31, 2012 4.75 to 1.00 June 30, 2012 4.75 to 1.00 September 30, 2012 4.50 to 1.00 December 31, 2012 4.50 to 1.00 March 31, 2013 4.50 to 1.00 June 30, 2013 4.50 to 1.00 September 30, 2013 4.25 to 1.00 December 31, 2013 4.25 to 1.00 March 31, 2014 4.25 to 1.001:00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarter: March 31, 2006 5.50 to 1:00 June 30, 2006 5.50 to 1:00 September 30, 2006 5.50 to 1:00 December 31, 2006 5.25 to 1:00 March 31, 2007 5.00 to 1:00 June 30, 2007 5.00 to 1:00 September 30, 2007 4.75 to 1:00 December 31, 2007 4.50 to 1:00 March 31, 2008 4.25 to 1:00 June 30, 2008 4.25 to 1:00 September 30, 2008 4.00 to 1:00 December 31, 2008 4.00 to 1:00 March 31, 2009 3.75 to 1:00 June 30, 2009 3.75 to 1:00 September 30, 2009 3.50 to 1:00 December 31, 2009 3.50 to 1:00 March 31, 2010 3.50 to 1:00 June 30, 2010 6.25 3.25 to 1.00 1:00 September 30, 2010 5.75 3.25 to 1.00 1:00 December 31, 2010 5.50 3.25 to 1.00 1:00 March 31, 2011 5.50 to 1.00 June 30, 2011 5.25 3.25 to 1.00 September 30, 2011 5.00 to 1.00 December 31, 2011 4.75 to 1.00 March 31, 2012 4.75 to 1.00 June 30, 2012 4.75 to 1.00 September 30, 2012 4.50 to 1.00 December 31, 2012 4.50 to 1.00 March 31, 2013 4.50 to 1.00 June 30, 2013 4.50 to 1.00 September 30, 2013 4.25 to 1.00 December 31, 2013 4.25 to 1.00 March 31, 2014 4.25 to 1.001:00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive time during any fiscal quarters quarter of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed be greater than the ratio set forth below opposite such fiscal quarter: Fiscal Quarter Ending Maximum Consolidated Leverage Ratio January 3, 2004 5.95 to 1:00 April 3, 2004 5.95 to 1:00 July 3, 2004 5.95 to 1:00 October 2, 2004 5.95 to 1:00 January 1, 2005 5.60 to 1:00 April 2, 2005 5.60 to 1:00 July 2, 2005 5.25 to 1:00 October 1, 2005 5.00 to 1:00 103 Keystone Senior Credit Agreement Fiscal Quarter Ending Maximum Consolidated Leverage Ratio December 31, 2005 5.00 to 1:00 April 1, 2006 4.75 to 1:00 July 1, 2006 4.50 to 1:00 September 30, 2006 4.50 to 1:00 December 30, 2006 4.25 to 1:00 March 31, 2007 4.00 to 1:00 June 30, 2010 6.25 2007 3.75 to 1.00 1:00 September 3029, 2010 5.75 2007 3.75 to 1.00 1:00 December 3129, 2010 5.50 2007 3.50 to 1.00 1:00 March 3129, 2011 5.50 2008 3.50 to 1.00 1:00 June 3028, 2011 5.25 2008 3.50 to 1.00 1:00 September 3027, 2011 5.00 2008 3.50 to 1.00 December 311:00 January 3, 2011 4.75 2009 3.50 to 1.00 March 311:00 April 4, 2012 4.75 2009 3.50 to 1.00 June 301:00 July 4, 2012 4.75 2009 3.50 to 1.00 September 301:00 October 3, 2012 4.50 2009 and thereafter 3.50 to 1.00 December 31, 2012 4.50 to 1.00 March 31, 2013 4.50 to 1.00 June 30, 2013 4.50 to 1.00 September 30, 2013 4.25 to 1.00 December 31, 2013 4.25 to 1.00 March 31, 2014 4.25 to 1.001:00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter date set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarterdate: Consolidated Date Leverage Ratio June 30, 2010 6.25 1997 4.00 to 1.00 September 30, 2010 5.75 1997 4.00 to 1.00 December 31, 2010 5.50 1997 4.00 to 1.00 March 31, 2011 5.50 1998 4.00 to 1.00 June 30, 2011 5.25 1998 3.50 to 1.00 September 30, 2011 5.00 1998 3.50 to 1.00 December 31, 2011 4.75 1998 3.25 to 1.00 March 31, 2012 4.75 1999 3.25 to 1.00 June 30, 2012 4.75 1999 3.00 to 1.00 September 30, 2012 4.50 1999 3.00 to 1.00 December 31, 2012 4.50 1999 2.75 to 1.00 March 31, 2013 4.50 2000 2.75 to 1.00 June 30, 2013 4.50 2000 2.50 to 1.00 September 30, 2013 4.25 2000 2.50 to 1.00 December 31, 2013 4.25 2000 2.50 to 1.00 March 31, 2014 4.25 2001 2.50 to 1.00 June 30, 2001 2.50 to 1.00 September 30, 2001 2.50 to 1.00 December 31, 2001 2.50 to 1.00 March 31, 2002 2.50 to 1.00 June 30, 2002 2.50 to 1.00 September 30, 2002 2.50 to 1.00 December 31, 2002 2.50 to 1.00 March 31, 2003 2.50 to 1.00 June 30, 2003 2.50 to 1.00 September 30, 2003 2.50 to 1.00 December 31, 2003 2.50 to 1.00 March 31, 2004 2.50 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four (4) consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarterquarter ending on or about the following dates: June 30, 2010 6.25 to 1.00 September 30, 2010 5.75 to 1.00 December 31, 2010 5.50 to 1.00 March 31, 2011 5.50 2.75 to 1.00 June 30, 2011 5.25 2.75 to 1.00 September 30, 2011 5.00 2.75 to 1.00 December 31, 2011 4.75 2.50 to 1.00 March 31, 2012 4.75 2.50 to 1.00 June 30, 2012 4.75 2.50 to 1.00 September 30, 2012 4.50 2.50 to 1.00 December 31, 2012 4.50 2.25 to 1.00 March 31, 2013 4.50 2.25 to 1.00 June 30, 2013 4.50 2.25 to 1.00 September 30, 2013 4.25 2.25 to 1.00 December 31, 2013 4.25 2.00 to 1.00 March 31, 2014 4.25 2.00 to 1.00 June 30, 2014 2.00 to 1.00 September 30, 2014 2.00 to 1.00 December 31, 2014 1.75 to 1.00 March 31, 2015 1.75 to 1.00 June 30, 2015 1.75 to 1.00 September 30, 2015 1.75 to 1.00 December 31, 2015 1.50 to 1.00 March 31, 2016 1.50 to 1.00 June 30, 2016 1.50 to 1.00 September 30, 2016 1.50 to 1.00 December 31, 2016 1.50 to 1.00 March 31, 2017 1.50 to 1.00 June 30, 2017 1.50 to 1.00 September 30, 2017 1.50 to 1.00 December 31, 2017 1.50 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarter: June 30, 2010 2005 6.50 to 1.00 September 30, 2005 6.50 to 1.00 December 31, 2005 6.50 to 1.00 March 31, 2006 6.50 to 1.00 June 30, 2006 6.25 to 1.00 September 30, 2010 2006 6.25 to 1.00 December 31, 2006 5.75 to 1.00 March 31, 2007 5.75 to 1.00 June 30, 2007 5.75 to 1.00 September 30, 2007 5.75 to 1.00 December 31, 2007 5.00 to 1.00 March 31, 2008 5.00 to 1.00 June 30, 2008 5.00 to 1.00 September 30, 2008 5.00 to 1.00 December 31, 2008 4.50 to 1.00 March 31, 2009 4.50 to 1.00 June 30, 2009 4.50 to 1.00 September 30, 2009 4.50 to 1.00 December 31, 2009 4.25 to 1.00 March 31, 2010 5.50 4.25 to 1.00 June 30, 2010 4.25 to 1.00 September 30, 2010 4.25 to 1.00 December 31, 2010 4.00 to 1.00 March 31, 2011 5.50 4.00 to 1.00 June 30, 2011 5.25 4.00 to 1.00 September 30, 2011 5.00 4.00 to 1.00 December 31, 2011 4.75 to 1.00 March 31, 2012 4.75 to 1.00 June 30, 2012 4.75 to 1.00 September 30, 2012 4.50 to 1.00 December 31, 2012 4.50 to 1.00 March 31, 2013 4.50 to 1.00 June 30, 2013 4.50 to 1.00 September 30, 2013 4.25 to 1.00 December 31, 2013 4.25 to 1.00 March 31, 2014 4.25 4.00 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter ending on the dates set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarter: Consolidated Fiscal Quarter Leverage Ratio -------------- -------------- June 30, 2010 6.25 2004 6.60 to 1.00 1.0 September 30, 2010 5.75 2004 6.60 to 1.00 1.0 December 31, 2010 5.50 2004 6.60 to 1.00 1.0 March 31, 2011 5.50 2005 6.50 to 1.00 1.0 June 30, 2011 5.25 2005 6.50 to 1.00 1.0 September 30, 2011 5.00 2005 6.25 to 1.00 1.0 December 31, 2011 4.75 2005 6.25 to 1.00 1.0 March 31, 2012 4.75 2006 6.00 to 1.00 1.0 June 30, 2012 4.75 2006 6.00 to 1.00 1.0 September 30, 2012 4.50 2006 5.65 to 1.00 1.0 December 31, 2012 4.50 2006 5.65 to 1.00 1.0 March 31, 2013 4.50 2007 5.25 to 1.00 1.0 June 30, 2013 4.50 2007 5.25 to 1.00 1.0 September 30, 2013 4.25 2007 4.85 to 1.00 1.0 December 31, 2013 4.25 2007 4.85 to 1.00 1.0 March 31, 2014 2008 4.50 to 1.0 June 30, 2008 4.50 to 1.0 September 30, 2008 4.25 to 1.001.0 December 31, 2008 4.25 to 1.0 March 31, 2009 4.00 to 1.0 June 30, 2009 4.00 to 1.0 Consolidated Fiscal Quarter Leverage Ratio -------------- -------------- September 30, 2009 3.75 to 1.0 December 31, 2009 3.75 to 1.0 Thereafter 3.50 to 1.0

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarter: June 30, 2010 6.25 to 1.00 September 30, 2010 5.75 to 1.00 December 31, 2010 5.50 to 1.00 March 31, 2011 5.50 to 1.00 June 30, 2011 5.25 to 1.00 September 30, 2011 2003 5.00 to 1.00 December 31, 2011 2003 5.00 to 1.00 March 31, 2004 5.00 to 1.00 June 30, 2004 5.00 to 1.00 September 30, 2004 5.00 to 1.00 December 31, 2004 4.75 to 1.00 March 31, 2012 2005 4.75 to 1.00 June 30, 2012 2005 4.75 to 1.00 September 30, 2012 4.50 2005 4.75 to 1.00 December 31, 2012 4.50 2005 4.25 to 1.00 March 31, 2013 4.50 2006 4.25 to 1.00 June 30, 2013 4.50 2006 4.25 to 1.00 September 30, 2013 2006 4.25 to 1.00 December 31, 2013 4.25 2006 3.75 to 1.00 March 31, 2014 4.25 2007 3.75 to 1.00 June 30, 2007 3.75 to 1.00 September 30, 2007 3.75 to 1.00 December 31, 2007 3.50 to 1.00 March 31, 2008 3.50 to 1.00 June 30, 2008 3.50 to 1.00 September 30, 2008 3.50 to 1.00 December 31, 2008 and thereafter 3.00 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four (4) consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarterquarter ending on or about the following dates: June 30, 2010 6.25 to 1.00 September 30, 2010 5.75 to 1.00 December 31, 2010 5.50 to 1.00 March 31, 2011 5.50 to 1.00 June 30, 2011 5.25 to 1.00 September 30, 2011 5.00 to 1.00 December 31, 2011 4.75 to 1.00 Fiscal Quarter Consolidated Leverage Ratio March 31, 2012 4.75 3.75 to 1.00 June 30, 2012 4.75 3.75 to 1.00 September 30, 2012 4.50 3.75 to 1.00 December 31, 2012 4.50 3.25 to 1.00 March 31, 2013 4.50 3.25 to 1.00 June 30, 2013 4.50 3.25 to 1.00 September 30, 2013 4.25 3.25 to 1.00 December 31, 2013 4.25 2.50 to 1.00 March 31, 2014 4.25 2.50 to 1.00 June 30, 2014 2.50 to 1.00 September 30, 2014 2.50 to 1.00 December 31, 2014 2.00 to 1.00 March 31, 2015 2.00 to 1.00 June 30, 2015 2.00 to 1.00 September 30, 2015 2.00 to 1.00 December 31, 2015 and thereafter 1.50 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with during any fiscal quarter period set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarterperiod: Consolidated Period Leverage Ratio ----------------------------------- -------------- January 1, 2005 to March 31, 2006 7.75 to 1.00 April 1, 2006 to September 30, 2006 7.65 to 1.00 October 1, 2006 to March 31, 2007 7.50 to 1.00 April 1, 2007 to June 30, 2010 2007 7.25 to 1.00 July 1, 2007 to September 30, 2007 7.00 to 1.00 October 1, 2007 to March 31, 2008 6.75 to 1.00 April 1, 2008 to September 30, 2008 6.50 to 1.00 October 1, 2008 to March 31, 2009 6.25 to 1.00 April 1, 2009 to September 30, 2009 6.00 to 1.00 October 1, 2009 to March 31, 2010 5.75 to 1.00 December 31April 1, 2010 to June 30, 2010 5.50 to 1.00 March 31July 1, 2011 5.50 2010 to 1.00 June September 30, 2011 2010 5.25 to 1.00 September 30October 1, 2010 to March 31, 2011 5.00 to 1.00 December 31April 1, 2011 to September 30, 2011 4.75 to 1.00 March 31October 1, 2012 4.75 to 1.00 June 30, 2012 4.75 to 1.00 September 30, 2012 2011 and thereafter 4.50 to 1.00 December 31, 2012 4.50 to 1.00 March 31, 2013 4.50 to 1.00 June 30, 2013 4.50 to 1.00 September 30, 2013 4.25 to 1.00 December 31, 2013 4.25 to 1.00 March 31, 2014 4.25 to 1.00

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with time during any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarter: Fiscal Quarter Consolidated Leverage Ratio -------------- --------------------------- September 30, 2004 6.25 to 1.0 December 31, 2004 6.25 to 1.0 March 31, 2005 6.25 to 1.0 June 30, 2005 6.25 to 1.0 September 30, 2005 6.25 to 1.0 December 31, 2005 5.90 to 1.0 Fiscal Quarter Consolidated Leverage Ratio -------------- --------------------------- March 31, 2006 5.90 to 1.0 June 30, 2006 5.90 to 1.0 September 30, 2006 5.90 to 1.0 December 31, 2006 5.25 to 1.0 March 31, 2007 5.25 to 1.0 June 30, 2007 5.25 to 1.0 September 30, 2007 5.25 to 1.0 December 31, 2007 4.25 to 1.0 March 31, 2008 4.25 to 1.0 June 30, 2008 4.25 to 1.0 September 30, 2008 4.25 to 1.0 December 31, 2008 3.50 to 1.0 March 31, 2009 3.50 to 1.0 June 30, 2009 3.50 to 1.0 September 30, 2009 3.50 to 1.0 December 31, 2009 3.25 to 1.0 March 31, 2010 3.25 to 1.0 June 30, 2010 6.25 3.25 to 1.00 1.0 September 30, 2010 5.75 3.25 to 1.00 1.0 December 31, 2010 5.50 3.25 to 1.00 1.0 March 31, 2011 5.50 3.25 to 1.00 1.0 June 30, 2011 5.25 3.25 to 1.00 September 30, 2011 5.00 to 1.00 December 31, 2011 4.75 to 1.00 March 31, 2012 4.75 to 1.00 June 30, 2012 4.75 to 1.00 September 30, 2012 4.50 to 1.00 December 31, 2012 4.50 to 1.00 March 31, 2013 4.50 to 1.00 June 30, 2013 4.50 to 1.00 September 30, 2013 4.25 to 1.00 December 31, 2013 4.25 to 1.00 March 31, 2014 4.25 to 1.001.0

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower (or, if less, the number of full fiscal quarters subsequent to the Closing Date) ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarter: Consolidated Fiscal Quarter Leverage Ratio -------------- -------------- March 31, 1999 4.50 to 1.00 June 30, 2010 6.25 1999 4.25 to 1.00 September 30, 2010 5.75 1999 4.75 to 1.00 December 31, 2010 5.50 to 1.00 March 31, 2011 5.50 to 1.00 June 30, 2011 5.25 to 1.00 September 30, 2011 5.00 to 1.00 December 31, 2011 1999 4.75 to 1.00 March 31, 2012 2000 4.75 to 1.00 June 30, 2012 4.75 2000 4.50 to 1.00 September 30, 2012 2000 4.50 to 1.00 December 31, 2012 4.50 to 1.00 March 31, 2013 4.50 to 1.00 June 30, 2013 4.50 to 1.00 September 30, 2013 4.25 to 1.00 December 31, 2013 2000 4.25 to 1.00 March 31, 2014 2001 4.25 to 1.00 June 30, 2001 4.00 to 1.00 September 30, 2001 4.00 to 1.00 December 31, 2001 3.75 to 1.00 March 31, 2002 3.75 to 1.00 June 30, 2002 3.75 to 1.00 September 30, 2002 3.75 to 1.00 December 31, 2002 3.50 to 1.00 March 31, 2003 3.50 to 1.00 June 30, 2003 3.50 to 1.00 September 30, 2003 3.50 to 1.00 December 31, 2003 3.25 to 1.00 March 31, 2004 3.25 to 1.00 June 30, 2004 3.25 to 1.00 September 30, 2004 3.25 to 1.00 December 31, 2004 3.00 to 1.00 Thereafter 3.00 to 1.00

Consolidated Leverage Ratio. Permit Commencing with the first full fiscal quarter after the quarter in which the Funding Date occurs, permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower Company ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending June 30, 2010) to exceed the ratio set forth below opposite such fiscal quarter: June 30, 2007 4.00 to 1.00 2.50 to 1.00 September 30, 2007 4.00 to 1.00 2.50 to 1.00 December 31, 2007 4.00 to 1.00 2.50 to 1.00 March 31, 2008 3.75 to 1.00 2.25 to 1.00 June 30, 2008 3.75 to 1.00 2.25 to 1.00 September 30, 2008 3.75 to 1.00 2.25 to 1.00 December 31, 2008 3.75 to 1.00 2.25 to 1.00 March 31, 2009 3.25 to 1.00 1.75 to 1.00 June 30, 2009 3.25 to 1.00 1.75 to 1.00 September 30, 2009 3.25 to 1.00 1.75 to 1.00 December 31, 2009 3.25 to 1.00 1.75 to 1.00 March 31, 2010 6.25 2.75 to 1.00 1.50 to 1.00 June 30, 2010 2.75 to 1.00 1.50 to 1.00 September 30, 2010 5.75 2.75 to 1.00 1.50 to 1.00 December 31, 2010 5.50 2.75 to 1.00 1.50 to 1.00 March 31, 2011 5.50 2010 2.25 to 1.00 1.50 to 1.00 June 30, 2011 5.25 2010 2.25 to 1.00 1.50 to 1.00 September 30, 2011 5.00 2010 2.25 to 1.00 1.50 to 1.00 December 31, 2011 4.75 2010 and each quarter thereafter 2.25 to 1.00 March 31, 2012 4.75 1.50 to 1.00 June 30; provided that if the Incurred Amount (as defined below) is less than $300,000,000 but greater than $180,000,000, 2012 4.75 to 1.00 September 30the numerator in each of the above ratios shall be adjusted as follows by (a) the product of the Ratio Difference times the Adjustment Factor plus (b) the numerator in the ratio set forth above for the $180 Million Base Case for the applicable quarter. For purposes of this Section 7.1(a), 2012 4.50 to 1.00 December 31, 2012 4.50 to 1.00 March 31, 2013 4.50 to 1.00 June 30, 2013 4.50 to 1.00 September 30, 2013 4.25 to 1.00 December 31, 2013 4.25 to 1.00 March 31, 2014 4.25 to 1.00the following terms shall have the following meanings: