Common use of Debt to EBITDA Clause in Contracts

Debt to EBITDA. (a) At the last day of any fiscal quarter set forth below, permit the ratio of Consolidated Funded Indebtedness as at such day to Consolidated EBITDA for the period of four fiscal quarters ending on such day (the "Leverage Ratio") to be greater than the ratio set forth below for such fiscal quarter; provided, that, with respect to any acquisition permitted by subsection 8.6(h), the last four fiscal quarters of Consolidated EBITDA (as may be adjusted for post-acquisition cost savings reasonably agreed to by the Company and the Administrative Agent) of the acquired company shall be added to the Consolidated EBITDA of the Company for the purposes of calculating this ratio: Fiscal Year Fiscal Quarter Ratio ----------- -------------- ----- 1999 First 4.50 to 1 Second 4.50 to 1 Third 4.50 to 1 1999-2003 Each fiscal quarter 4.00 to 1 thereafter (b) In the event the Company elects to prepay the Permanent Subordinated Debt in excess of $30,000,000 as provided for in clause (x)(2) of subsection 8.13, at the time of such prepayment and at all times thereafter, the ratio of Consolidated Senior Funded Indebtedness (after giving pro forma effect to any redemption, repayment or repurchase of Permanent Subordinated Debt as provided in subsection 8.13 and the incurrence of any Consolidated Senior Funded Indebtedness in connection therewith) to Consolidated EBITDA for the four fiscal quarters most recently ended for which financial information is available shall be at or less than 3.25 to 1, which ratio shall be tested on a quarterly basis. 78 73

Debt to EBITDA. (a) At the last day of any fiscal quarter set forth below, permit the ratio of Consolidated Funded Indebtedness as at such day to Consolidated EBITDA for the period of four fiscal quarters ending on such day (the "Leverage Ratio") to be greater than the ratio set forth below for such fiscal quarter; provided, that, with respect to any acquisition permitted by subsection 8.6(h), the last four fiscal quarters of Consolidated EBITDA (as may be adjusted for post-acquisition cost savings reasonably agreed to by the Company and the Administrative Agent) of the acquired company shall be added to the Consolidated EBITDA of the Company for the purposes of calculating this ratio: Fiscal Year Fiscal Quarter Ratio ----------- -------------- ----- 1999 First 4.50 to 1 Second 4.50 to 1 Third 4.50 to 1 1999Fourth 4.50 to 1 2000 First 4.50 to 1 2000-2003 Each fiscal quarter 4.00 to 1 thereafter (b) In the event the Company elects to prepay the Permanent Subordinated Debt in excess of $30,000,000 as provided for in clause (x)(2) of subsection 8.13, at the time of such prepayment and at all times thereafter, the ratio of Consolidated Senior Funded Indebtedness (after giving pro forma effect to any redemption, repayment or repurchase of Permanent Subordinated Debt as provided in subsection 8.13 and the incurrence of any Consolidated Senior Funded Indebtedness in connection therewith) to Consolidated EBITDA for the four fiscal quarters most recently ended for which financial information is available shall be at or less than 3.25 to 1, which ratio shall be tested on a quarterly basis. 78 73.