Common use of Consolidated Total Leverage Ratio Clause in Contracts

Consolidated Total Leverage Ratio. Permit the Consolidated Total Leverage Ratio as at the last day of any fiscal quarter of the Company ending during any fiscal year set forth below, commencing with the fiscal quarter ending November 30, 1998, to exceed the ratio set forth below opposite such fiscal year: Consolidated Total Fiscal Year Leverage Ratio ----------- -------------- 1999 4.50:1.00 2000 3.75:1.00 2001 3.25:1.00 2002 2.75:1.00 2003 2.50:1.00 2004 and thereafter 2.00:1.00

Consolidated Total Leverage Ratio. Permit As of any Fiscal Quarter end during any period set forth below, permit the Consolidated Total Leverage Ratio as at for the last day of any fiscal quarter of four consecutive Fiscal Quarter period ending on such date to be greater than the Company ending during any fiscal year corresponding ratio set forth below, commencing with the fiscal quarter ending November : Maximum Consolidated Four Fiscal Quarters Ending Total Leverage Ratio ------------------------------------------------------------------------ Closing Date through April 30, 19982003 2.50 to 1.00 July 31, 2003 and each Fiscal Quarter thereafter 2.00 to exceed the ratio set forth below opposite such fiscal year: Consolidated Total Fiscal Year Leverage Ratio ----------- -------------- 1999 4.50:1.00 2000 3.75:1.00 2001 3.25:1.00 2002 2.75:1.00 2003 2.50:1.00 2004 and thereafter 2.00:1.001.00

Consolidated Total Leverage Ratio. Permit the Consolidated Total Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Parent Borrower ending with any fiscal quarter of the Company ending during any fiscal year set forth below, commencing with the fiscal quarter ending November 30, 1998, below to exceed the ratio set forth below opposite such fiscal yearquarter: Fiscal Quarter Ending Consolidated Total Fiscal Year Leverage Ratio ----------- -------------- 1999 4.50:1.00 2000 3.75:1.00 2001 3.25:1.00 2002 2.75:1.00 2003 2.50:1.00 March 31, 2004 - December 31, 2004 4.25 to 1.0 March 31, 2005 - December 31, 2005 4.00 to 1.0 March 31, 2006 - December 31, 2006 3.75 to 1.0 March 31, 2007 - December 31, 2007 3.50 to 1.0 March 31, 2008 and thereafter 2.00:1.003.25 to 1.0

Consolidated Total Leverage Ratio. Permit the Consolidated Total Leverage Ratio as at the last day of any fiscal quarter of the Company ending during any fiscal year set forth below, commencing with the fiscal quarter ending November 30August 31, 19981997, to exceed the ratio set forth below opposite such fiscal year: Consolidated Total Fiscal Year Leverage Ratio ----------- -------------- 1997 3.50:1.00 1998 3.50:1.00 1999 4.50:1.00 3.25:1.00 2000 3.75:1.00 2.75:1.00 2001 3.25:1.00 2.50:1.00 2002 2.75:1.00 2.50:1.00 2003 2.50:1.00 2.25:1.00 2004 and thereafter 2.00:1.00 2005 2.00:1.00

Consolidated Total Leverage Ratio. Permit the Consolidated Total Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter of the Company ending during any fiscal year set forth below, commencing with the fiscal quarter ending November 30, 1998, below to exceed the ratio set forth below opposite such fiscal yearquarter: Consolidated Total Fiscal Year Quarter Leverage Ratio ----------- -------------- 1999 4.50:1.00 2000 3.75:1.00 September 30, 2001 3.25:1.00 11.24 to 1.00 December 31, 2001 11.09 to 1.00 March 31, 2002 2.75:1.00 7.48 to 1.00 June 30, 2002 4.37 to 1.00 September 30, 2002 3.06 to 1.00 December 31, 2002 3.09 to 1.00 March 31, 2003 2.50:1.00 2004 and thereafter 2.00:1.002.52 to 1.00 June 30, 2003 2.12 to 1.00 Thereafter 1.78 to 1.00

Consolidated Total Leverage Ratio. Permit the Consolidated Total Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of Holdings ending with any fiscal quarter of the Company ending during any fiscal year set forth below, commencing with the fiscal quarter ending November 30, 1998, below to exceed the ratio set forth below opposite such fiscal yearquarter: Consolidated Total Fiscal Year Leverage Fiscal Quarter Ratio ----------- -------------- 1999 4.50:1.00 2000 3.75:1.00 2001 3.25:1.00 2002 2.75:1.00 Fourth 3.53 to 1.00 2003 2.50:1.00 First 3.36 to 1.00 Second 3.19 to 1.00 Third 3.11 to 1.00 Fourth 3.13 to 1.00 2004 and thereafter 2.00:1.00First 2.84 to 1.00 Second 2.65 to 1.00 Third 2.57 to 1.00

Consolidated Total Leverage Ratio. Permit the Consolidated Total Leverage Ratio calculated as at of the last day of any the fiscal quarter of Borrower ending on the Company ending during any fiscal year date set forth below, commencing with the fiscal quarter ending November 30, 1998, below to exceed the ratio set forth below opposite the last day of such fiscal yearquarter: Fiscal Quarter Ending Consolidated Total Fiscal Year Leverage Ratio ----------- -------------- 1999 4.50:1.00 2000 3.75:1.00 2001 3.25:1.00 2002 2.75:1.00 2003 2.50:1.00 2004 and thereafter 2.00:1.00June 30, 2013 4.75:1.00 September 30, 2013 4.75:1.00 December 31, 2013 4.75:1.00 March 31, 2014 4.75:1.00 June 30, 2014 4.75:1.00 September 30, 2014 4.75:1.00 December 31, 2014 4.75:1.00 March 31, 2015 4.75:1.00 June 30, 2015 4.75:1.00 Thereafter 4.50:1.00

Consolidated Total Leverage Ratio. Permit the Consolidated Total Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Parent Borrower ending with any fiscal quarter of the Company ending during any fiscal year set forth below, commencing with the fiscal quarter ending November 30, 1998, below to exceed the ratio set forth below opposite such fiscal yearquarter: Fiscal Quarter Ending Consolidated Total Fiscal Year Leverage Ratio ----------- -------------- 1999 4.50:1.00 2000 3.75:1.00 2001 3.25:1.00 2002 2.75:1.00 2003 2.50:1.00 2004 March 31, 2005 – December 31, 2005 4.25 to 1.0 March 31, 2006 – December 31, 2006 4.00 to 1.0 March 31, 2007 – December 31, 2007 3.75 to 1.0 March 31, 2008 – December 31, 2008 3.50 to 1.0 March 31, 2009 and thereafter 2.00:1.003.25 to 1.0

Consolidated Total Leverage Ratio. Permit the Consolidated Total Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of Holdings ending with the last day of any fiscal quarter of the Company ending during in any fiscal year set forth below, commencing with the fiscal quarter ending November 30, 1998, of Holdings listed below to exceed the ratio set forth below opposite such fiscal year: Consolidated Total Fiscal Year Leverage Ratio ----------- -------------- 1999 4.50:1.00 2000 3.75:1.00 2001 3.25:1.00 2002 2.75:1.00 2003 2.50:1.00 2004 and thereafter 2.00:1.00Consolidated Fiscal Year 0000 0.00x Fiscal Year 0000 0.00x Fiscal Year 0000 0.00x Fiscal Year 0000 0.00x Fiscal Year 0000 0.00x Fiscal Year 0000 0.00x

Consolidated Total Leverage Ratio. Permit the Consolidated Total Leverage Ratio as at (i) the last day of any fiscal quarter of the Company set forth below or (ii) the last day of any fiscal quarter of the Company ending during any fiscal year set forth below, commencing with the fiscal quarter ending November 30, 1998, below to exceed the ratio set forth below opposite such fiscal quarter or fiscal year: Consolidated Total Fiscal Year Leverage Ratio ----------- -------------- 1999 4.50:1.00 2000 3.75:1.00 2001 3.25:1.00 2002 2.75:1.00 2003 2.50:1.00 2004 and thereafter 2.00:1.00:

Consolidated Total Leverage Ratio. Permit the Maintain a Consolidated Total Leverage Ratio of not greater than (i) as at of the last day end of any fiscal quarter ending during the period from the date of this Agreement to and including June 30, 2016, 3.25:1.0 and (ii) as of the Company ending during end of any fiscal year set forth belowquarter, commencing with the fiscal quarter ending November September 30, 19982016 and thereafter, to exceed 3.00:1.0. This ratio will be calculated at the ratio set forth below opposite end of each Reporting Period, using the results of the twelve-month period ending on the last day of such fiscal year: Consolidated Total Fiscal Year Leverage Ratio ----------- -------------- 1999 4.50:1.00 2000 3.75:1.00 2001 3.25:1.00 2002 2.75:1.00 2003 2.50:1.00 2004 and thereafter 2.00:1.00Reporting Period.

Consolidated Total Leverage Ratio. Permit the Consolidated Total Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of Holdings ending with the last day of any fiscal quarter of the Company ending during in any fiscal year set forth below, commencing with the fiscal quarter ending November 30, 1998, of Holdings listed below to exceed the ratio set forth below opposite such fiscal year: Consolidated Total Fiscal Year Leverage Ratio ----------- -------------- 1999 4.50:1.00 Fiscal Year 2000 3.75:1.00 2001 3.25:1.00 2002 2.75:1.00 2003 2.50:1.00 2004 and thereafter 2.00:1.000.00x Fiscal Year 2000 0.00x Fiscal Year 2000 0.00x Fiscal Year 2000 0.00x Fiscal Year 2000 0.00x”

Consolidated Total Leverage Ratio. Permit the Consolidated Total Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of Holdings ending with the last day of any fiscal quarter of the Company ending during in any fiscal year set forth below, commencing with the fiscal quarter ending November 30, 1998, of Holdings listed below to exceed the ratio set forth below opposite such fiscal year: Fiscal Year Consolidated Total Leverage Ratio Fiscal Year Leverage Ratio ----------- -------------- 1999 4.50:1.00 2000 3.75:1.00 2001 3.25:1.00 2002 2.75:1.00 2003 2.50:1.00 2004 and thereafter 2.00:1.002006 3.75 x Fiscal Year 2007 3.50 x Fiscal Year 2008 3.00 x Fiscal Year 2009 2.50 x Fiscal Year 2010 2.50 x Fiscal Year 2011 2.50 x

Consolidated Total Leverage Ratio. Permit the Consolidated Total Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter of the Company ending during any fiscal year set forth below, commencing with the fiscal quarter ending November 30, 1998, below to exceed the ratio set forth below opposite such fiscal yearquarter: Consolidated Total Fiscal Year Quarter Ending Leverage Ratio ----------- -------------- 1999 4.50:1.00 2000 3.75:1.00 2001 3.25:1.00 March 31, 2002 2.75:1.00 through June 30, 2003 2.50:1.00 3.00x September 30, 2003 through June 30, 2004 2.75x September 30, 2004 through June 30, 2005 2.50x September 30, 2005 through June 30, 2006 2.25x September 30, 2006 and thereafter 2.00:1.002.00x

Consolidated Total Leverage Ratio. Permit the Consolidated Total Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter of the Company ending during any fiscal year set forth below, commencing with the fiscal quarter ending November 30, 1998, below to exceed the ratio set forth below opposite such fiscal yearquarter: Each Fiscal Quarter Ending on the Following Dates Consolidated Total Fiscal Year Leverage Ratio ----------- -------------- 1999 4.50:1.00 2000 3.75:1.00 2001 3.25:1.00 2002 2.75:1.00 2003 2.50:1.00 2004 December 31, 2010 5.00 to 1.00 March 31, 2011 5.00 to 1.00 June 30, 2011 5.00 to 1.00 September 30, 2011 4.75 to 1.00 December 31, 2011 4.75 to 1.00 March 31, 2012 and each fiscal quarter thereafter 2.00:1.004.5 to 1.00

Consolidated Total Leverage Ratio. Permit the Consolidated Total Leverage Ratio as at As of the last day of any fiscal quarter of the Company ending during any fiscal year Borrower, permit the Consolidated Total Leverage Ratio to be greater than the amount set forth below, commencing with below for such fiscal quarter: Applicable Period Maximum Consolidated Total Leverage Ratio From the Closing Date through the fiscal quarter ending November 30ended October 3, 19982020 5.75 to 1.00 The fiscal quarter ended January 2, 2021 5.00 to exceed the ratio set forth below opposite such 1.00 The fiscal year: Consolidated Total Fiscal Year Leverage Ratio ----------- -------------- 1999 4.50:1.00 2000 3.75:1.00 2001 3.25:1.00 2002 2.75:1.00 2003 2.50:1.00 2004 quarter ended April 3, 2021 4.75 to 1.00 The fiscal quarter ended July 3, 2021 and thereafter 2.00:1.004.50 to 1.00

Consolidated Total Leverage Ratio. Permit the Consolidated Total Leverage Ratio of the Borrower as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter of the Company ending during any fiscal year set forth below, commencing with the fiscal quarter ending November 30, 1998, below to exceed the ratio set forth below opposite such fiscal yearquarter: Consolidated Total Fiscal Quarter Ending During Leverage Ratio Fiscal Year Leverage Ratio ----------- -------------- 1999 2004 6.50:1.00 Fiscal Year 2005 6.25:1.00 Fiscal Year 2006 5.75:1.00 Fiscal Year 2007 5.25:1.00 Fiscal Year 2008 4.50:1.00 2000 3.75:1.00 2001 3.25:1.00 2002 2.75:1.00 2003 2.50:1.00 2004 and thereafter 2.00:1.00Fiscal Year 2009 4.00:1.00 Fiscal Year 2010 3.50:1.00 Fiscal Year 2011 3.00:1.00

Consolidated Total Leverage Ratio. Permit the Consolidated Total Leverage Ratio as at of the last day end of any fiscal quarter of the Company ending during any fiscal year Holdings set forth below, commencing with the fiscal quarter ending November 30, 1998, below to exceed be greater than the ratio set forth below opposite such fiscal yearperiod: Four Fiscal Quarters Ending as of Maximum Consolidated Total Fiscal Year Leverage Ratio ----------- -------------- 1999 4.50:1.00 2000 3.75:1.00 2001 3.25:1.00 2002 2.75:1.00 2003 2.50:1.00 2004 Each fiscal quarter ended on or prior to December 31, 2013 2.50 to 1.00 March 31, 2014 3.50 to 1.00 June 30, 2014 3.50 to 1.00 September 30, 2014 3.50 to 1.00 December 31, 2014 3.50 to 1.00 March 31, 2015 and each fiscal quarter ended thereafter 2.00:1.003.25 to 1.00”

Consolidated Total Leverage Ratio. Permit the Consolidated Total Leverage Ratio as at the last day of any period of four consecutive fiscal quarter quarters of the Company Borrower (or, if less, the number of full fiscal quarters subsequent to the Closing Date) ending during any fiscal year of the calendar years set forth below, commencing with the fiscal quarter ending November 30, 1998, below to exceed the ratio set forth below opposite such fiscal year: Consolidated Total Fiscal Year Quarter Leverage Ratio ----------- -------------- ------------------ 1997 3.75:1.00 1998 3.50:1.00 1999 4.50:1.00 3.25:1.00 2000 3.75:1.00 2001 3.25:1.00 2002 2.75:1.00 2003 2.50:1.00 2004 and thereafter 2.00:1.003.00:1.00