Common use of Consolidated Senior Leverage Ratio Clause in Contracts

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as of the end of any fiscal quarter of the Borrower to be greater than (i) for the fiscal quarter ending on or about January 28, 2006 and the fiscal quarter ending on or about April 29, 2006, 3.25:1.0, (ii) for each fiscal quarter ending thereafter, (A) 3.0:1.0 if such fiscal quarter is the third or fourth fiscal quarter of the Borrower’s fiscal year and (B) 3.75:1.0 if such fiscal quarter is the first or second fiscal quarter of the Borrower’s fiscal year.

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as of the end of any fiscal quarter of the Borrower to be greater than (i) 2.75:1.0 for each of the fiscal quarter quarters ending on or about January 28December 31, 2006 2003 and Xxxxx 00, 0000, (xx) 2.50:1.0 for each of the fiscal quarter quarters ending on or about April 29June 30, 20062004, 3.25:1.0September 30, 2004, December 31, 2004, March 31, 2005, June 30, 2005 and September 30, 2005, and (iiiii) 2.25:1.0 for each fiscal quarter ending thereafter, (A) 3.0:1.0 if such fiscal quarter is the third or fourth fiscal quarter of the Borrower’s fiscal year and (B) 3.75:1.0 if such fiscal quarter is the first or second fiscal quarter of the Borrower’s fiscal year.

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as of the end of any fiscal quarter of the Borrower to be greater than (i) 3.0:1.0 for the fiscal quarters ending March 31, 2005, June 30, 2005 and September 30, 2005, (ii) 2.75:1.0 for the fiscal quarters ending December 31, 2005 and March 31, 2006 and (iii) 2.5:1.0 for the fiscal quarter ending on or about January 28June 30, 2006 and the fiscal quarter ending on or about April 29, 2006, 3.25:1.0, (ii) for each fiscal quarter ending thereafter, (A) 3.0:1.0 if such fiscal quarter is the third or fourth fiscal quarter of the Borrower’s fiscal year and (B) 3.75:1.0 if such fiscal quarter is the first or second fiscal quarter of the Borrower’s fiscal year.

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as of the end of any fiscal quarter of the Borrower to be greater than (i) for with respect to the fiscal quarter ending on in January or about January 28April of each year, 2006 3.00:1.0, and (ii) with respect to the fiscal quarter ending on in July or about April 29, 2006, 3.25:1.0, (ii) for October of each fiscal quarter ending thereafteryear, (A) 3.0:1.0 if such fiscal quarter is the third or fourth fiscal quarter of the Borrower’s fiscal year and (B) 3.75:1.0 if such fiscal quarter is the first or second fiscal quarter of the Borrower’s fiscal year3.75:1.0.

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as of the end of any fiscal quarter of the Borrower to be greater than (i) for the fiscal quarter quarters ending on or about January 28June 30, 2006 2011 and the fiscal quarter ending on or about April 29September 30, 20062011, 3.25:1.03.5:1.0, (ii) for each the fiscal quarter ending December 31, 2011, 3.25:1.0 and (ii) for any fiscal quarter ending thereafter, (A) 3.0:1.0 if such fiscal quarter is the third or fourth fiscal quarter of the Borrower’s fiscal year and (B) 3.75:1.0 if such fiscal quarter is the first or second fiscal quarter of the Borrower’s fiscal year3.0:1.0.

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as of the end last day of any fiscal quarter of the Borrower Borrower, beginning with the fiscal quarter ending October 31, 2013, to be greater than (i) for the ratio set forth below opposite such fiscal quarter: Period Maximum Consolidated Senior Leverage Ratio The fiscal quarter ending on or about January 28October 31, 2006 and the 2013 4.70 : 1.00 The fiscal quarter ending on or about January 31, 2014 4.00 : 1.00 The fiscal quarter ending April 2930, 20062014 3.50 : 1.00 The fiscal quarter ending July 31, 3.25:1.0, (ii) for 2014 and each fiscal quarter ending thereafter, (A) 3.0:1.0 if such fiscal quarter is the third or fourth fiscal quarter of the Borrower’s fiscal year and (B) 3.75:1.0 if such fiscal quarter is the first or second fiscal quarter of the Borrower’s fiscal year.thereafter 3.25 : 1.00

Consolidated Senior Leverage Ratio. Permit the The Borrower shall maintain a Consolidated Senior Leverage Ratio as of the end of any fiscal quarter of the Borrower to be greater than (i) not greater than 12.75:1.0 for the fiscal quarter ending on or about January 28September 30, 2006 and 2010; (ii) not greater than 7.50:1.0 for the fiscal quarter ending on or about April 29December 31, 20062010; (iii) not greater than 6.25:1.0 for the fiscal quarter ending March 31, 3.25:1.02011; (iv) not greater than 4.75:1.0 for the fiscal quarter ending June 30, 2011; (iiv) not greater than 4.00:1.0 for the fiscal quarter ending September 30, 2011; and (vi) not greater than 3.50:1.00 for each fiscal quarter ending thereafter, (A) 3.0:1.0 if such fiscal quarter is the third or fourth fiscal quarter of the Borrower’s fiscal year and (B) 3.75:1.0 if such fiscal quarter is the first or second fiscal quarter of the Borrower’s fiscal year.

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio Ratio, for the period of four fiscal quarters of Borrower ending as of the end of any fiscal quarter of that ends on or after the Borrower Closing Date, to be greater than (i) for the fiscal quarter ending on or about January 28, 2006 and the fiscal quarter ending on or about April 29, 2006, 3.25:1.0, (ii) for each fiscal quarter ending thereafter, (A) 3.0:1.0 if such fiscal quarter is the third or fourth fiscal quarter of the Borrower’s fiscal year and (B) 3.75:1.0 if such fiscal quarter is the first or second fiscal quarter of the Borrower’s fiscal year2.75:1.

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as of the end of any fiscal quarter of Borrower commencing with the Borrower fiscal quarter ending September 30, 2012 to be greater than (i) the ratio set forth below for the fiscal quarter quarters ending on or about January 28during the period indicated: Quarter Ending Minimum Ratio September 30, 2006 2012 – June 30, 2013 2.75:1.0 September 30, 2013 – June 30, 2014 2.50:1.0 September 30, 2014 and the fiscal quarter ending on or about April 29, 2006, 3.25:1.0, (ii) for each fiscal quarter ending thereafter, (A) 3.0:1.0 if such fiscal quarter is the third or fourth fiscal quarter of the Borrower’s fiscal year and (B) 3.75:1.0 if such fiscal quarter is the first or second fiscal quarter of the Borrower’s fiscal year.thereafter 2.00:1.0

Consolidated Senior Leverage Ratio. Permit the Consolidated Senior Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the end of Borrower ending with any fiscal quarter of set forth below to exceed the Borrower to be greater than (i) for the fiscal quarter ending on or about January 28, 2006 and the fiscal quarter ending on or about April 29, 2006, 3.25:1.0, (ii) for each fiscal quarter ending thereafter, (A) 3.0:1.0 if ratio set forth below opposite such fiscal quarter is the third or fourth fiscal quarter of the Borrower’s fiscal year quarter: Consolidated Fiscal Quarter Senior Leverage Ratio -------------- --------------------- June 30, 2002 - March 31, 2005 4.25 to 1.0 June 30, 2005 and (B) 3.75:1.0 if such fiscal quarter is the first or second fiscal quarter of the Borrower’s fiscal year.thereafter 4.00 to 1.0