Common use of Consolidated Senior Debt Ratio Clause in Contracts

Consolidated Senior Debt Ratio. Permit the Consolidated Senior Debt 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 to exceed the ratio set forth below opposite such fiscal quarter: Fiscal Quarter Consolidated Senior Debt Ratio December 31, 2004 3.50 to 1.00 March 31, 2005 3.50 to 1.00 June 30, 2005 3.40 to 1.00 September 30, 2005 3.25 to 1.00 December 31, 2005 3.00 to 1.00 March 31, 2006 3.00 to 1.00 June 30, 2006 2.90 to 1.00 September 30, 2006 2.80 to 1.00 December 31, 2006 2.75 to 1.00 March 31, 2007 2.75 to 1.00 June 30, 2007 2.75 to 1.00 September 30, 2007 2.50 to 1.00 December 31, 2007 2.50 to 1.00 March 31, 2008 2.50 to 1.00 June 30, 2008 2.50 to 1.00 September 30, 2008 2.25 to 1.00 December 31, 2008 2.25 to 1.00 March 31, 2009 2.25 to 1.00 June 30, 2009 2.25 to 1.00 September 30, 2009 2.00 to 1.00 December 31, 2009 2.00 to 1.00 March 31, 2010 2.00 to 1.00 June 30, 2010 2.00 to 1.00

Consolidated Senior Debt Ratio. Permit Commencing with the last day of the first full fiscal quarter commencing after the Closing Date, permit the Consolidated Senior Debt 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 to exceed the ratio set forth below opposite such fiscal quarter: Fiscal Quarter Consolidated Senior Debt Ratio March 31, 2004 2.55:1.00 June 30, 2004 2.50:1.00 September 30, 2004 2.35:1.00 December 31, 2004 3.50 to 1.00 2.05:1.00 March 31, 2005 3.50 to 1.00 1.90:1.00 June 30, 2005 3.40 to 1.00 1.75:1.00 September 30, 2005 3.25 to 1.00 1.65:1.00 December 31, 2005 3.00 to 1.00 1.50:1.00 March 31, 2006 3.00 to 1.00 1.50:1.00 June 30, 2006 2.90 to 1.00 1.50:1.00 September 30, 2006 2.80 to 1.00 1.25:1.00 December 31, 2006 2.75 to 1.00 1.25:1.00 March 31, 2007 2.75 to 1.00 1.25:1.00 June 30, 2007 2.75 to 1.00 1.25:1.00 September 30, 2007 2.50 to 1.00 1.25:1.00 December 31, 2007 2.50 to 1.00 1.25:1.00 March 31, 2008 2.50 to 1.00 1.25:1.00 June 30, 2008 2.50 to 1.00 1.25:1.00 September 30, 2008 2.25 to 1.00 1.25:1.00 December 31, 2008 2.25 to 1.00 1.25:1.00 March 31, 2009 2.25 to 1.00 1.25:1.00 June 30, 2009 2.25 to 1.00 1.25:1.00 September 30, 2009 2.00 to 1.00 1.25:1.00 December 31, 2009 2.00 to 1.00 1.25:1.00 March 31, 2010 2.00 to 1.00 1.25:1.00 June 30, 2010 2.00 to 1.001.25:1.00 September 30, 2010 1.25:1.00 December 31, 2010 1.25:1.00

Consolidated Senior Debt Ratio. Permit the Consolidated Senior Debt 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 to exceed [Omitted*] the ratio set forth below opposite such fiscal quarter: Fiscal Quarter quarter under the column "Consolidated Senior Debt Ratio" [Omitted*]: Consolidated Senior Fiscal Quarter Debt Ratio ------------------ ------------------- December 31, 2003 2.75 to 1.00 [Omitted*] March 31, 2004 2.60 to 1.00 June 30, 2004 2.50 to 1.00 September 30, 2004 2.50 to 1.00 December 31, 2004 3.50 2.25 to 1.00 March 31, 2005 3.50 2.15 to 1.00 June 30, 2005 3.40 2.00 to 1.00 September 30, 2005 3.25 2.00 to 1.00 December 31, 2005 3.00 1.85 to 1.00 March 31, 2006 3.00 1.75 to 1.00 June 30, 2006 2.90 1.60 to 1.00 September 30, 2006 2.80 1.60 to 1.00 December 31, 2006 2.75 1.50 to 1.00 March 31, 2007 2.75 * The omitted text has been filed separately with the Securities and Exchange Commission pursuant to 1.00 June 30, 2007 2.75 to 1.00 September 30, 2007 2.50 to 1.00 December 31, 2007 2.50 to 1.00 March 31, 2008 2.50 to 1.00 June 30, 2008 2.50 to 1.00 September 30, 2008 2.25 to 1.00 December 31, 2008 2.25 to 1.00 March 31, 2009 2.25 to 1.00 June 30, 2009 2.25 to 1.00 September 30, 2009 2.00 to 1.00 December 31, 2009 2.00 to 1.00 March 31, 2010 2.00 to 1.00 June 30, 2010 2.00 to 1.00a request for confidential treatment.

Consolidated Senior Debt Ratio. Permit the Consolidated Senior Debt 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 to exceed the ratio set forth below opposite such fiscal quarter: Fiscal Quarter Consolidated Period Senior Debt Ratio ------ ----------------- July 1, 2004 through September 30, 2004 3.00 to 1 October 1, 2004 through December 31, 2004 3.50 3.00 to 1.00 March 311 January 1, 2005 3.50 to 1.00 June 30, 2005 3.40 to 1.00 September 30, 2005 3.25 to 1.00 December through March 31, 2005 3.00 to 1.00 1 April 1, 2005 through June 30, 2005 2.75 to 1 July 1, 2005 through September 30, 2005 2.75 to 1 October 1, 2005 through December 31, 2005 2.75 to 1 January 1, 2006 through March 31, 2006 3.00 2.50 to 1.00 1 April 1, 2006 through June 30, 2006 2.90 2.50 to 1.00 1 July 1, 2006 through September 30, 2006 2.80 2.25 to 1.00 1 October 1, 2006 through December 31, 2006 2.75 2.25 to 1.00 1 January 1, 2007 through March 31, 2007 2.75 2.25 to 1.00 1 April 1, 2007 through June 30, 2007 2.75 2.25 to 1.00 September 301 July 1, 2007 2.50 to 1.00 December 31, 2007 2.50 to 1.00 March 31, 2008 2.50 to 1.00 June 30, 2008 2.50 to 1.00 September 30, 2008 2.25 to 1.00 December 31, 2008 2.25 to 1.00 March 31, 2009 2.25 to 1.00 June 30, 2009 2.25 to 1.00 September 30, 2009 and thereafter 2.00 to 1.00 December 31, 2009 2.00 to 1.00 March 31, 2010 2.00 to 1.00 June 30, 2010 2.00 to 1.001