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: Quarterly Period Ended Minimum EBITDA 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 the following fiscal quartersmonth, on a trailing 3-month basis, EBITDA of at leastleast the following: Quarterly Period Ended Ending Minimum EBITDA JuneMarch 31, 2014 ($800,000) April 30, 2009 $ 2014 (14,800,000 $600,000) September 30, 2009 $ (8,100,000 ) December May 31, 2009 $ 2014 (7,300,000 ) March 31,2009 $ (3,900,000 $250,000) June 30, 2010 $ 2014 (1,900,000 $250,000) September 30July 31, 2010 $ 500,000 Thereafter TBD2014 $1.00

EBITDA. MaintainEBITDA, measured quarterly on a trailing three-month basis as of the end last day of each fiscal quarter listed below, of no less than the following fiscal quarters, EBITDA of at leastcorresponding amounts listed below: Quarterly Period Ended Ending Minimum EBITDA JuneMarch 31, 2011 $200,000 June 30, 2009 $ (14,800,000 ) 2011 $300,000 September 30, 2009 $ (8,100,000 ) December 312011, 2009 $ (7,300,000 ) March 31,2009 $ (3,900,000 ) June 30, 2010 $ (1,900,000 ) September 30, 2010 $ 500,000 Thereafter TBDand as of the last day of each quarterly period ending thereafter $400,000” and inserting in lieu thereof the following:

EBITDA. Maintain, measured as of the end of each of fiscal quarter during the following fiscal quartersperiods, EBITDA of at leastleast the following: Quarterly Period Ended Minimum EBITDA June, 30January 1, 2009 $ (14,800,000 ) September 30, 2009 $ (8,100,000 ) December through March 31, 2009 $ (7,300,000 2,015,000 ) 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 the following fiscal quartersmonth, on a trailing 3-month basis, EBITDA of at leastleast the following: Quarterly Period Ended Minimum EBITDA June, 30, 2009 $ (14,800,000 ) September 30, 2009 $ 2012 through fiscal month ending November 30, 2012 (8,100,000 $1,000,000) December 31, 2009 $ 2012 through fiscal month ending January 31, 2013 (7,300,000 $750,000) February 28, 2013 through fiscal month ending March 31,2009 $ 31, 2013 (3,900,000 $500,000) June April 30, 2010 $ (1,900,000 ) September 30, 2010 $ 500,000 Thereafter TBD2013 and thereafter $1.00

EBITDA. Maintain, measured as of the end of each of fiscal quarter during the following fiscal quartersperiods, EBITDA of at leastleast the following: Quarterly Period Ended Minimum EBITDA JuneFiscal quarter ending September 28, 302012 $(3,100,000) Fiscal quarter ending December 28, 2009 $ 2012 $(14,800,000 2,000,000) September 30Fiscal quarter ending March 29, 2009 $ (8,100,000 ) 2013 $— Fiscal quarter ending June 28, 2013 through fiscal quarter ending December 3127, 2009 $ (7,300,000 ) March 31,2009 $ (3,900,000 ) June 30, 2010 $ (1,900,000 ) September 30, 2010 $ 500,000 Thereafter TBD2013 $1,000,000

EBITDA. Maintain, measured Measured as of the end of each of fiscal quarter during the following fiscal quartersperiods, EBITDA of at leastleast the following: Quarterly Period Ended Minimum EBITDA June, Quarter ended June 30, 2009 $ (14,800,000 $500,000) Quarter ending September 30, 2009 $ (8,100,000 ) $0 Quarter ending December 31, 2009 $ (7,300,000 ) $700,000 Quarter ending March 31,2009 $ (3,900,000 ) 31, 2010 $750,000 Quarter ending June 30, 2010 $ (1,900,000 ) September 30, 2010 $ 500,000 Thereafter TBDEach Quarter thereafter $1,000,000 $1,500,000

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: Period Ending EBITDA March 31, EBITDA of at least: Quarterly Period Ended Minimum EBITDA 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 -77-

EBITDA. Maintain, measured as of the end of each of fiscal quarter during the following fiscal quartersperiods, EBITDA of at leastleast the following: Quarterly Period Ended Minimum EBITDA 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 fiscal quarter during the following fiscal quartersperiods, EBITDA of at leastleast the following: Quarterly Period Ended Minimum EBITDA 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, 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: Quarterly Period Ended Minimum EBITDA 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: Quarterly Period Ended Minimum EBITDA JuneEBITDA[****] Quarter 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 $ (3,900,000 ) June 30, 2010 $ (1,900,000 ) September 30, 2010 $ 500,000 Thereafter TBDEach quarter thereafter $1.00 [****]

EBITDA. MaintainEBITDA, measured quarterly on a trailing three-month basis as of the end last day of each fiscal quarter listed below, of no less than the following fiscal quarters, EBITDA of at leastcorresponding amounts listed below: Quarterly Period Ended Ending Minimum EBITDA JuneDecember 31, 2012 $1.00 March 31, 2013 $1.00 June 30, 2009 $ (14,800,000 ) 2013 $50,000 September 30, 2009 $ (8,100,000 ) 2013 $125,000 December 31, 2009 $ (7,300,000 ) 2013 $175,000 March 31,2009 $ (3,900,000 ) June 3031, 2010 $ (1,900,000 ) September 302014, 2010 $ 500,000 Thereafter TBDand as of the last day of each quarterly period ending thereafter $250,000 and inserting in lieu thereof the following: