Common use of Consolidated Senior Secured Leverage Ratio Clause in Contracts

Consolidated Senior Secured Leverage Ratio. Permit the Consolidated Senior Secured Leverage Ratio as of the end of any period of four fiscal quarters of the Borrower set forth below to be greater than the ratio set forth below opposite such period: Maximum Consolidated Senior Period Secured Leverage Ratio --------------------------------------------------------------- ------------------------------------ December 31, 2006, March 31, 2006 and June 3.25 to 1.00 30, 2006 September 30, 2006 2.50 to 1.00 December 31, 2006 2.25 to 1.00 March 31, 2007, June 30, 2007, September 30, 2.00 to 1.00 2007 and December 31, 2007 March 31, 2008 and each fiscal quarter thereafter 1.75 to 1.00

Consolidated Senior Secured Leverage Ratio. Permit the Consolidated Senior Secured Leverage Ratio as of the end of any period of four fiscal quarters quarter of the Borrower set forth specified below to be greater than the ratio set forth in the table below opposite corresponding to such period: fiscal quarter. Fiscal Quarter End Maximum Consolidated Senior Period Secured Net Leverage Ratio --------------------------------------------------------------- ------------------------------------ June 30, 2019 2.70:1.00 September 30, 2019 2.25:1.00 December 31, 2006, March 31, 2006 and June 3.25 to 1.00 30, 2006 September 30, 2006 2.50 to 1.00 December 31, 2006 2.25 to 1.00 March 31, 2007, June 30, 2007, September 30, 2.00 to 1.00 2007 and December 31, 2007 March 31, 2008 2019 and each fiscal quarter ending thereafter 1.75 to 1.002.00:1.00

Consolidated Senior Secured Leverage Ratio. Permit the Consolidated Senior Secured Leverage Ratio as of at the end last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below to be greater than exceed the ratio set forth below opposite such periodfiscal quarter: Maximum Consolidated Fiscal Quarter Senior Period Secured Leverage Ratio --------------------------------------------------------------- ------------------------------------ December 31-------------- ----------------------------- June 30, 2006, 2002 - March 31, 2006 and June 3.25 2005 1.75 to 1.00 30, 2006 September 30, 2006 2.50 to 1.00 December 31, 2006 2.25 to 1.00 March 31, 2007, 1.0 June 30, 2007, September 30, 2.00 2005 and thereafter 1.50 to 1.00 2007 and December 31, 2007 March 31, 2008 and each fiscal quarter thereafter 1.75 to 1.001.0

Consolidated Senior Secured Leverage Ratio. Permit the Consolidated Senior Secured Leverage Ratio as of at the end last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below to be greater than exceed the ratio set forth below opposite such periodfiscal quarter: Maximum Consolidated Fiscal Quarter Senior Period Secured Leverage Ratio --------------------------------------------------------------- ------------------------------------ December 31, 2006, ------------------------------- ----------------------------- March 31, 2006 and June 3.25 to 1.00 30, 2006 September 30, 2006 2.50 to 1.00 December 31, 2006 2.25 to 1.00 2004 - March 31, 2007, 2007 2.25 to 1.0 June 30, 2007, September 30, 2007 and thereafter 2.00 to 1.00 2007 and December 31, 2007 March 31, 2008 and each fiscal quarter thereafter 1.75 to 1.001.0

Consolidated Senior Secured Leverage Ratio. Permit the Consolidated Senior Secured Leverage Ratio as of the end of any period of four fiscal quarters quarter of the Borrower set forth below Borrower, commencing with the first fiscal quarter ending after the Funding Date, to be greater than the ratio set forth below opposite corresponding to such period: fiscal quarter in the table below. Fiscal Quarter End Maximum Consolidated Senior Period Secured Leverage Ratio --------------------------------------------------------------- ------------------------------------ December 31First, 2006Second, March 31Third and Fourth fiscal quarters ending after the Funding Date 2.50:1.0 Fifth, 2006 Sixth, Seventh and June 3.25 to 1.00 30, 2006 September 30, 2006 2.50 to 1.00 December 31, 2006 2.25 to 1.00 March 31, 2007, June 30, 2007, September 30, 2.00 to 1.00 2007 and December 31, 2007 March 31, 2008 and each Eighth fiscal quarter thereafter 1.75 to 1.00quarters ending after the Funding Date 2.25:1.0

Consolidated Senior Secured Leverage Ratio. Permit the Consolidated Senior Secured Leverage Ratio as of the end of any period of four fiscal quarters quarter of the Borrower set forth below to be greater than the ratio set forth below opposite such period: Four Fiscal Quarters Ending Maximum Consolidated Senior Period Secured Leverage Ratio --------------------------------------------------------------- ------------------------------------ December 31, 2006, March 31, 2006 and Closing Date through June 3.25 to 1.00 30, 2006 2013 2.00:1.00 September 30, 2006 2.50 to 1.00 December 31, 2006 2.25 to 1.00 March 31, 2007, 2013 through June 30, 2007, 2014 1.75:1.00 September 30, 2.00 to 1.00 2007 and December 31, 2007 March 31, 2008 2014 and each fiscal quarter thereafter 1.75 to 1.002.00:1.00

Consolidated Senior Secured Leverage Ratio. Permit As of the last day of any fiscal quarter of the Borrower, permit the Consolidated Senior Secured Leverage Ratio as of the end of any period of four fiscal quarters of the Borrower set forth below to be greater than the ratio amount set forth below opposite for such periodfiscal quarter: Applicable Period Maximum Consolidated Senior Period Secured Leverage Ratio --------------------------------------------------------------- ------------------------------------ December 31From the Closing Date through the fiscal quarter ended October 3, 2006, March 31, 2006 and June 3.25 2020 4.25 to 1.00 30From the fiscal quarter ended January 2, 2006 September 302021 through the fiscal quarter ended April 3, 2006 2.50 2021 4.00 to 1.00 December 31From the fiscal quarter ended July 3, 2006 2.25 2021 through the fiscal quarter ended October 2, 2021 3.75 to 1.00 March 31, 2007, June 30, 2007, September 30, 2.00 to 1.00 2007 and December 31, 2007 March 31, 2008 and each From the fiscal quarter ended January 1, 2022 and thereafter 1.75 3.50 to 1.00

Consolidated Senior Secured Leverage Ratio. Permit the Consolidated Senior Secured Leverage Ratio as of at the end last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below to be greater than exceed the ratio set forth below opposite such periodfiscal quarter: Maximum Consolidated Senior Period Secured Fiscal Quarter Leverage Ratio --------------------------------------------------------------- ------------------------------------ December 31, 2006, March 31, 2006 and June 3.25 to 1.00 30, 2006 September 30, 2006 2.50 to 1.00 December 31, 2006 2.25 to 1.00 2004 – March 31, 2007, 2007 2.25 to 1.0 June 30, 2007, September 30, 2007 and thereafter 2.00 to 1.00 2007 and December 31, 2007 March 31, 2008 and each fiscal quarter thereafter 1.75 to 1.001.0

Consolidated Senior Secured Leverage Ratio. Permit As of the last day of any fiscal quarter of the Borrower, permit the Consolidated Senior Secured Leverage Ratio as of the end of any period of four fiscal quarters of the Borrower set forth below to be greater than the ratio amount set forth below opposite for such periodfiscal quarter: Applicable Period Maximum Consolidated Senior Period Secured Leverage Ratio --------------------------------------------------------------- ------------------------------------ December 31From the Closing Date through the fiscal quarter ended October 3, 20062020 4.50 to 1.00 The fiscal quarter ended January 2, March 31, 2006 and June 2021 3.25 to 1.00 30, 2006 September 30, 2006 2.50 to 1.00 December 31, 2006 2.25 to 1.00 March 31, 2007, June 30, 2007, September 30, 2.00 to 1.00 2007 and December 31, 2007 March 31, 2008 and each The fiscal quarter ended April 3, 2021 and thereafter 1.75 3.00 to 1.00

Consolidated Senior Secured Leverage Ratio. Permit the Consolidated Senior Secured Leverage Ratio as of the end of any period of four fiscal quarters quarter of the Borrower set forth below to be greater than the ratio set forth below opposite such periodfollowing amount for each of the following corresponding periods: Maximum Consolidated Senior Period Secured Leverage Ratio --------------------------------------------------------------- ------------------------------------ December 31, 2006, March 31, 2006 and June 3.25 to 1.00 30, 2006 From the fiscal quarter ending September 30, 2006 2009, through and including the fiscal quarter ending September 30, 2010 2.50 to 1.00 December 31, 2006 2.25 to 1.00 March 31, 2007, June 30, 2007, September 30, Thereafter 2.00 to 1.00 2007 and December 31, 2007 March 31, 2008 and each fiscal quarter thereafter 1.75 to 1.00

Consolidated Senior Secured Leverage Ratio. Permit the Consolidated Senior Secured Leverage Ratio as of the end of any period of four each fiscal quarters of the Borrower quarter set forth below to be greater than the ratio set forth below opposite such periodperiod below: Fiscal Quarters Ending Maximum Consolidated Senior Period Secured Leverage Ratio --------------------------------------------------------------- ------------------------------------ December 31, 2006, Closing Date through March 31, 2006 and 2013 3.25:1.0 June 3.25 to 1.00 30, 2006 September 30, 2006 2.50 to 1.00 December 31, 2006 2.25 to 1.00 2013 through March 31, 2007, 2014 3.00:1.0 June 30, 2007, September 30, 2.00 to 1.00 2007 and December 31, 2007 March 31, 2008 2014 and each fiscal quarter thereafter 1.75 to 1.002.75:1.0

Consolidated Senior Secured Leverage Ratio. Permit the Consolidated Senior Secured Leverage Ratio determined as of the end of any period of four fiscal quarters quarter of the Borrower set forth below to be greater than the ratio set forth below opposite corresponding to such periodfiscal quarter: Fiscal Quarter Ending Maximum Consolidated Senior Period Secured Leverage Ratio --------------------------------------------------------------- ------------------------------------ March 31, 2013 3.50:1.0 June 30, 2013 3.50:1.0 September 30, 2013 3.50:1.0 December 31, 2006, 2013 3.25:1.0 March 31, 2006 and 2014 3.25:1.0 June 3.25 to 1.00 30, 2006 2014 3.25:1.0 September 30, 2006 2.50 to 1.00 December 31, 2006 2.25 to 1.00 March 31, 2007, June 30, 2007, September 30, 2.00 to 1.00 2007 and December 31, 2007 March 31, 2008 and each fiscal quarter thereafter 1.75 to 1.002014 3.25:1.0

Consolidated Senior Secured Leverage Ratio. Permit the Consolidated Senior Secured Leverage Ratio as of at the end last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below to be greater than exceed the ratio set forth below opposite such periodfiscal quarter: Maximum Consolidated Senior Period Secured Fiscal Quarter Leverage Ratio --------------------------------------------------------------- ------------------------------------ December 31, 2006, March 31, 2006 and June 3.25 to 1.00 30, 2006 2005 – June 30, 2008 2.25 to 1.0 September 30, 2006 2.50 to 1.00 December 31, 2006 2.25 to 1.00 March 31, 2007, June 30, 2007, September 30, 2008 and thereafter 2.00 to 1.00 2007 and December 31, 2007 March 31, 2008 and each fiscal quarter thereafter 1.75 to 1.001.0

Consolidated Senior Secured Leverage Ratio. Permit the Consolidated Senior Secured Leverage Ratio as of the end of any period of four fiscal quarters quarter of the Borrower set forth below to be greater than the ratio set forth below opposite such periodfollowing amounts for each of the following corresponding periods: Maximum Consolidated Senior Period Secured Leverage Ratio --------------------------------------------------------------- ------------------------------------ For the fiscal quarters ending March 31, 2010 and June 30, 2010 2.50 to 1.00 For the fiscal quarter ending September 30, 2010 2.25 to 1.00 For the fiscal quarter ending December 31, 2006, March 31, 2006 2010 and June 3.25 to 1.00 30, 2006 September 30, 2006 2.50 to 1.00 December 31, 2006 2.25 to 1.00 March 31, 2007, June 30, 2007, September 30, thereafter 2.00 to 1.00 2007 and December 31, 2007 March 31, 2008 and each fiscal quarter thereafter 1.75 to 1.00

Consolidated Senior Secured Leverage Ratio. Permit the The Consolidated Senior Secured Leverage Ratio for the twelve (12) month period ending as of each fiscal quarter end shall be less than or equal to (a) at all times from the end of any period of four Closing Date through and including the fiscal quarters of the Borrower set forth below to be greater than the ratio set forth below opposite such period: Maximum Consolidated Senior Period Secured Leverage Ratio --------------------------------------------------------------- ------------------------------------ December 31, 2006, March 31, 2006 and June 3.25 to 1.00 30, 2006 quarter ended on or around September 30, 2006 2.50 2009, 3.00 to 1.00 December 31and (b) at all times thereafter, 2006 2.25 to 1.00 March 31, 2007, June 30, 2007, September 30, 2.00 to 1.00 2007 and December 31, 2007 March 31, 2008 and each fiscal quarter thereafter 1.75 2.75 to 1.00.