Common use of EBITDA Clause in Contracts

EBITDA. Maintain, measured as of the end of each of the following fiscal quarters, EBITDA of at least: June, 30, 2009 $ (14,800,000 ) September 30, 2009 $ (8,100,000 ) December 31, 2009 $ (7,300,000 ) March 31,2009 $ (3,900,000 ) June 30, 2010 $ (1,900,000 ) September 30, 2010 $ 500,000 Thereafter TBD

EBITDA. Maintain, measured as of the end of each of fiscal quarter during the following fiscal quartersperiods, EBITDA of at leastleast the following: June, 30January 1, 2009 $ (14,800,000 ) September 30, 2009 $ (8,100,000 ) December through March 31, 2009 $ (7,300,000 ) March 31,2009 $ (3,900,000 ) June 30, 2010 $ (1,900,000 ) September 30, 2010 $ 500,000 Thereafter TBD2,015,000 )

EBITDA. Maintain, for the fiscal quarter ended December 31, 2008, EBITDA of at least ($1,672,000), and for each of the following periods, measured as of the end of each of the following fiscal quarterssuch period, EBITDA of at leastleast the following: JuneOctober 1, 2008 through March 31, 2009 $ (2,382,000 ) January 1, 2009 through June 30, 2009 $ (14,800,000 812,000 ) April 1, 2009 through September 30, 2009 $ (8,100,000 ) 1,572,000 July 1, 2009 through December 31, 2009 $ (7,300,000 ) 4,263,000 October 1, 2009 through March 31,2009 31, 2010 $ (3,900,000 ) 5,092,000 January 1, 2010 through June 30, 2010 $ (1,900,000 ) 5,257,000 April 1, 2010 through September 30, 2010 $ 500,000 Thereafter TBD5,298,000 July 1, 2010 through December 31, 2010 $ 6,073,000

EBITDA. Maintain, measured as of the end of each of fiscal quarter during the following fiscal quartersperiods, EBITDA of at leastleast the following: JuneApril 1, 2008 through June 30, 2009 2008 $ (14,800,000 100,000 ) April 1, 2008 through September 30, 2009 2008 $ (8,100,000 ) 1,350,000 July 1, 2008 through December 31, 2009 2008 $ (7,300,000 ) March 31,2009 $ (3,900,000 ) June 30, 2010 $ (1,900,000 ) September 30, 2010 $ 500,000 Thereafter TBD3,500,000

EBITDA. Maintain, measured as of the end of each of fiscal quarter during the following fiscal quartersperiods, EBITDA of at leastleast the following: June, 30, 2009 $ (14,800,000 ) Fiscal quarter ending September 30, 2009 2011 ($ (8,100,000 5,100,000 ) Fiscal quarter ending December 31, 2009 2011 ($ 5,500,000 ) Fiscal quarter ending March 31, 2012 (7,300,000 $ 800,000 ) March 31,2009 $ (3,900,000 ) Fiscal quarter ending June 30, 2010 2012 $ (1,900,000 ) 2,000,000 Fiscal quarter ending September 30, 2010 2012 ($ 500,000 Thereafter TBD3,100,000 ) Fiscal quarter ending December 31, 2012 and each fiscal quarter thereafter $ 3,000,000

EBITDA. Maintain, measured as of the end of each of the following fiscal quartersmonth, on a trailing 6-month basis, EBITDA of at leastleast the following: JuneEffective Date through fiscal month ending July, 30, 2009 2012 $ (14,800,000 1,250,000 ) September 30August, 2009 2012 through fiscal month ending September, 2012 $ (8,100,000 1,000,000 ) December 31October, 2009 2012 through fiscal month ending December, 2012 $ (7,300,000 750,000 ) March 31,2009 January, 2013 through fiscal month ending March, 2013 $ (3,900,000 250,000 ) June 30April, 2010 2013 and thereafter $ (1,900,000 ) September 30, 2010 $ 500,000 Thereafter TBD1.00

EBITDA. Maintain, measured as of the end of each of fiscal quarter during the following fiscal quartersperiods, EBITDA of at leastleast the following: JuneEffective Date until February 28, 30, 2009 $ (14,800,000 ) September 30, 2009 $ (8,100,000 ) December 31, 2009 $ (7,300,000 ) March 31,2009 $ (3,900,000 ) June 30, 2010 $ (1,900,000 ) September 30, 2010 2006 $ 500,000 Thereafter TBDMarch 1, 2006 and thereafter $ 750,000

EBITDA. Maintain, measured Maintain cumulative year-to-date EBITDA as of the end of each of Fiscal Quarter below, at least equal to the following fiscal quartersamounts: March 31, EBITDA of at least: June, 2009 $ 2,115,000 June 30, 2009 $ (14,800,000 ) 8,130,000 September 30, 2009 $ (8,100,000 ) 14,730,000 December 31, 2009 $ (7,300,000 ) March 31,2009 $ (3,900,000 ) June 30, 2010 $ (1,900,000 ) September 30, 2010 $ 500,000 Thereafter TBD23,000,000

EBITDA. Maintain, measured as of the end of each of fiscal quarter during the following fiscal quartersperiods, EBITDA of at leastleast the following: JuneQuarter ending December 31, 2008 ($1,750,000) Quarter ending March 31, 2009 ($2,000,000) Quarter ending June 30, 2009 $ (14,800,000 $1,300,000) Quarter ending September 30, 2009 $ (8,100,000 $250,000) Quarter ending December 31, 2009 $ (7,300,000 $250,000) March 31,2009 $ Each quarter thereafter $1.00 [****] 2.5 Section 7.1 (3,900,000 ) June 30, 2010 $ (1,900,000 ) September 30, 2010 $ 500,000 Thereafter TBDDispositions). Section 7.1 is amended in its entirety and replaced with the following: