Common use of Debt Coverage Clause in Contracts

Debt Coverage. As of the last day of each fiscal quarter of the Parent Guarantor ending during a period set forth in the table below, the Leverage Ratio at such day shall not be less than the ratio set forth in the table below corresponding to the applicable period; provided that the Leverage Ratio as of the last day of any fiscal quarter ending on or after the Equity Issuance Date shall not be less than .300. ================================================================================ Period Leverage Ratio ================================================================================ Prior to December 28, 2001 .300 ================================================================================ On or after December 28, 2001 and prior .270 to March 29, 2002 ================================================================================ On or after March 29, 2002 and prior to .280 June 28, 2002 ================================================================================ On or after June 28, 2002 and prior to .290 September 27, 2002 ================================================================================ On or after September 27, 2002 .300 ================================================================================ For purposes of this Section 5.10, the "Equity Issuance Date" is the first date, if any, subsequent to November 1, 2001 and prior to September 27, 2002 that is 75 days after the date on which the Parent Guarantor shall have consummated one or more public offerings of its Common Stock; provided that the aggregate net cash proceeds of such public offerings, reduced by the aggregate amount expended by the Parent Guarantor for repurchases of its Common Stock on or after the date of pricing of the initial such public offering and on or prior to the 75th day following the consummation of the initial such public offering, are equal to or greater than $200,000,000. (b) The reference in Section 5.11 to "September 29, 2001" is changed to "September 28, 2001."

Debt Coverage. As of the last day of each fiscal quarter of the Parent Guarantor ending during a period set forth in the table below, the Leverage Ratio at such day shall not be less than the ratio set forth in the table below corresponding to the applicable period; provided that the Leverage Ratio as of the last day of any fiscal quarter ending on or after the Equity Issuance Date shall not be less than .300. ================================================================================ Period Leverage Ratio ================================================================================ ----------------------------------------------------------------- Prior to December 28, 2001 .300 ================================================================================ ----------------------------------------------------------------- On or after December 28, 2001 and prior .270 to March 29, 2002 ================================================================================ ----------------------------------------------------------------- On or after March 29, 2002 and prior to .280 June 28, 2002 ================================================================================ ----------------------------------------------------------------- On or after June 28, 2002 and prior to .290 September 27, 2002 ================================================================================ ----------------------------------------------------------------- On or after September 27, 2002 .300 ================================================================================ For purposes of this Section 5.10, the "Equity Issuance Date" is the first date, if any, subsequent to November 1, 2001 and prior to September 27, 2002 that is 75 days after the date on which the Parent Guarantor shall have consummated one or more public offerings of its Common Stock; provided that the aggregate net cash proceeds of such public offerings, reduced by the aggregate amount expended by the Parent Guarantor for repurchases of its Common Stock on or after the date of pricing of the initial such public offering and on or prior to the 75th day following the consummation of the initial such public offering, are equal to or greater than $200,000,000. (b) The reference in Section 5.11 to "September 29, 2001" is changed to "September 28, 2001."