Common use of Debt to EBITDA Ratio Clause in Contracts

Debt to EBITDA Ratio. Maintain, as of the end of each fiscal quarter referenced below, a ratio of Debt for Borrowed Money to Consolidated EBITDA of the Company and its Consolidated Subsidiaries for the four quarters then ended of not greater than the ratio set forth opposite such fiscal quarter below: Fiscal Quarter Ending Ratio --------------------- ----- December 31, 2002 through June 30, 2003 3.75 to 1 September 30, 2003 through March 31, 2004 3.50 to 1 June 30, 2004 and thereafter 3.25 to 1 ARTICLE VI

Debt to EBITDA Ratio. Maintain, as of At the end of each fiscal quarter referenced belowFiscal Quarter, a the ratio of Consolidated Total Debt for Borrowed Money as at the end of such Fiscal Quarter to Consolidated EBITDA of the Company and its Consolidated Subsidiaries for the period of four quarters consecutive Fiscal Quarters then ended of shall not greater than the ratio set forth opposite such fiscal quarter belowexceed: (i) for any Fiscal Quarter Ending Ratio --------------------- ----- ending on March 31, 2002, through and including December 31, 2002 2007, 3.00 to 1.00, (ii) for any Fiscal Quarter ending on March 29, 2008, through and including April 4, 2009, 3.50 to 1.00, and (iii) for any Fiscal Quarter ending on June 30, 2003 3.75 2009 or thereafter, 3.00 to 1 September 30, 2003 through March 31, 2004 3.50 to 1 June 30, 2004 and thereafter 3.25 to 1 ARTICLE VI1.00.

Debt to EBITDA Ratio. Maintain, as of the end of each fiscal quarter referenced belowquarter, a ratio of (i) Debt for Borrowed Money as of such date to (ii) Consolidated EBITDA of the Company and its Consolidated Subsidiaries for the period of four fiscal quarters then ended on such date, of not greater than the ratio set forth opposite below for such fiscal quarter belowquarter: Fiscal Quarter Ending Ended Ratio --------------------- ----- December February 28, 2007 4.00 to 1.0 May 31, 2002 through June 30, 2003 2007 3.75 to 1 September 30, 2003 through March 1.0 August 31, 2004 2007 and thereafter 3.50 to 1 June 30, 2004 and thereafter 3.25 1.0 (c) Section 5.03(b) is amended in full to 1 ARTICLE VIread as follows:

Debt to EBITDA Ratio. Maintain, as of the end of each fiscal quarter referenced belowquarter, a ratio of (i) Debt for Borrowed Money as of such date to (ii) Consolidated EBITDA of the Company Borrower and its Consolidated Subsidiaries for the period of four fiscal quarters then ended on such date, of not greater than the ratio set forth opposite below for such fiscal quarter belowquarter: Fiscal Quarter Ending Ended Ratio --------------------- ----- December February 28, 2007 4.00 to 1.0 May 31, 2002 through June 30, 2003 2007 3.75 to 1 September 30, 2003 through March 1.0 August 31, 2004 2007 and thereafter 3.50 to 1 June 30, 2004 and thereafter 3.25 1.0 (c) Section 5.03(b) is amended in full to 1 ARTICLE VIread as follows: