Common use of Leverage Ratio Clause in Contracts

Leverage Ratio. The Borrower will not permit the ratio (the “Leverage Ratio”), determined as of the end of each of its fiscal quarters, of (i) Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter to (ii) Consolidated EBITDA for the then most-recently ended four fiscal quarters to be greater than 3.50 to 1.00.

Leverage Ratio. The Borrower will not permit the ratio of its Consolidated Funded Debt to its Consolidated EBITDA (the “Leverage Ratio”), determined ) as of the end of each of its fiscal quarters, of (i) Consolidated Funded Indebtedness of the Borrower as of the end of such any fiscal quarter of Borrower (calculated quarterly based upon the four most recently completed quarters for which financial statements are available to (iithe Borrower, and including pro forma adjustments acceptable to Administrative Agent following any material acquisition) Consolidated EBITDA for the then most-recently ended four fiscal quarters to be greater more than 3.50 to 1.00.

Leverage Ratio. The Borrower will not permit the ratio (the “-------------- "Leverage Ratio”), ") determined as of the end of each of its fiscal quarters, of (i) Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter to (ii) Consolidated EBITDA plus Consolidated Rentals for the then most-recently ended four fiscal quarters to be greater than 3.50 (a) 3.25 to 1.001.0 for the fiscal quarters in Fiscal Years 1999 and 2000 and (b) 3.00 to 1.0 for the fiscal quarters in Fiscal Years 2001, 2002, 2003 and 2004.

Leverage Ratio. The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its fiscal quartersquarters beginning with the fiscal quarter ended September 30, 2004, of (i) its Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter end to (ii) its Consolidated EBITDA for the then most-recently ended four fiscal quarters to be greater than 3.50 2.50 to 1.00.

Leverage Ratio. The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its fiscal quarters, of (i) Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter to (ii) Consolidated EBITDA for the then most-recently ended four (4) fiscal quarters to be greater than 3.50 to 1.001.0.

Leverage Ratio. The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its fiscal quarters, of (i) Consolidated Funded Total Indebtedness of the Borrower as of the end of such fiscal quarter to (ii) Consolidated EBITDA for the then most-recently ended four (4) fiscal quarters to be greater than 3.50 3.00 to 1.00.

Leverage Ratio. The Borrower will shall not permit its ratio of Consolidated Indebtedness to Consolidated EBITDA in each case for the ratio four full fiscal quarters most recently ended (the “Leverage Ratio”), determined ) to exceed 5.00 to 1.00 as of the end last day of each of its any fiscal quartersquarter; provided, of following a Specified Acquisition (i) Consolidated Funded Indebtedness of the Borrower as of the end of defined below), such fiscal quarter to (ii) Consolidated EBITDA for the then most-recently ended four fiscal quarters to be greater than 3.50 to 1.00.ratio shall not exceed

Leverage Ratio. The Borrower will shall not permit the ratio (the “Leverage Ratio”)permit, determined as of the end of each of its any fiscal quartersquarter, the ratio of (ia) Consolidated all Funded Indebtedness Debt of the Borrower and its Subsidiaries as of the end of such fiscal quarter end to (iib) Consolidated EBITDA the consolidated EBITDAX of the Borrower and its Subsidiaries for the four-fiscal quarter period then most-recently ended four fiscal quarters ended, to be greater than 3.50 3.75 to 1.00.

Leverage Ratio. (i) The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its the fiscal quartersquarter ending September 30, 2007, of (iA) Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter quarter, to (iiB) Consolidated EBITDA EBITDAX for the then most-recently ended such fiscal quarter multiplied by four fiscal quarters (4) to be greater than 3.50 to 1.00.

Leverage Ratio. The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its fiscal quarters, of (i) Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter Total Debt to (ii) Consolidated EBITDA for the then most-recently ended four fiscal quarters to be greater than 3.50 2.25 to 1.001.0.

Leverage Ratio. The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its fiscal quarters, of (i) Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter to (ii) Consolidated EBITDA for the then most-recently ended four fiscal quarters to be greater than 3.50 2.50 to 1.001.0.

Leverage Ratio. The Borrower will not permit the ratio (the “Leverage Ratio”)"LEVERAGE RATIO") of (i) Consolidated Indebtedness minus cash on the balance sheet of the Borrower and its Subsidiaries, determined on a Consolidated basis, in excess of $5,000,000 to (ii) Consolidated EBITDA as of the end of each of its fiscal quarters, of (i) Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter to (ii) Consolidated EBITDA for the then most-recently ended four fiscal quarters Fiscal Quarter to be greater than 3.50 to 1.00.than:

Leverage Ratio. The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its fiscal quarters, of (i) Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter to (ii) Consolidated EBITDA for the then most-recently ended four fiscal quarters to be greater than 3.50 3.0 to 1.001.0.

Leverage Ratio. The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, -------------- determined as of the end of each of its fiscal quarters, of (i) Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter to (ii) Consolidated EBITDA for the then most-recently ended four fiscal quarters to be greater than 3.50 2.75 to 1.001.0.

Leverage Ratio. The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its fiscal quarters, of (i) Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter to (ii) Consolidated EBITDA for the then most-recently ended four fiscal quarters to be greater than 3.50 and 3.25 to 1.001 for each fiscal quarter ending on or after June 30, 2005.

Leverage Ratio. (i) The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its the fiscal quartersquarter ending June 30, 2008, of (iA) Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter quarter, to (iiB) Consolidated EBITDA EBITDAX for the then most-recently ended such fiscal quarter multiplied by four fiscal quarters (4) to be greater than 3.50 to 1.00.

Leverage Ratio. The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its any fiscal quartersquarter ending on or after September 30, 2008, of (iA) Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter to (iiB) Consolidated EBITDA EBITDAX for the then most-recently ended trailing four fiscal quarters quarter period ending on such date, to be greater than 3.50 to 1.00.

Leverage Ratio. (i) The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its the fiscal quartersquarters ending December 31, 2008 and March 31, 2009, of (iA) Consolidated Funded Indebtedness of the Borrower Total Net Debt as of the end of such fiscal quarter to (iiB) Consolidated EBITDA EBITDAX for the then most-recently ended trailing four fiscal quarters quarter period ending on such date, to be greater than 3.50 4.00 to 1.00.

Leverage Ratio. The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, -------------- determined as of the end of each of its fiscal quarters, commencing with the fiscal quarter ending January 31, 2000, of (i) Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter to (ii) Consolidated EBITDA less Consolidated Capital Expenditures for the then most-recently ended four fiscal quarters to be greater than 3.50 2.00 to 1.001.0.

Leverage Ratio. (i) The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its the fiscal quartersquarter ending December 31, 2005, of (iA) Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter quarter, to (iiB) Consolidated EBITDA EBITDAX for the then most-recently ended such fiscal quarter multiplied by four fiscal quarters (4) to be greater than 3.50 3.75 to 1.001.0.

Leverage Ratio. The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its Borrower's fiscal quartersquarters on a rolling four-quarters basis, of (i) Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter to (ii) Consolidated EBITDA for the then most-recently ended four fiscal quarters to be greater than 3.50 2.25 to 1.001.0. For purposes of calculating this ratio, pro forma EBITDA for Permitted Acquisitions shall be included.

Leverage Ratio. The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its fiscal quarters, of (i) Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter to (ii) Consolidated EBITDA for the then most-recently ended four fiscal quarters to be greater than 3.50 2.75 to 1.001.0.

Leverage Ratio. The Beginning with the fiscal quarter ending on March 31, 2003, the Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its fiscal quarters, of (i) Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter to (ii) Consolidated EBITDA for the then most-recently ended four fiscal quarters to be greater than 3.50 3.00 to 1.00.

Leverage Ratio. The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its fiscal quarters, of (i) Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter to (ii) Consolidated EBITDA for the then most-recently ended four fiscal quarters to be greater than 3.50 1.1 to 1.001.0.

Leverage Ratio. (i) The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its the fiscal quartersquarter ending December 31, 2006, of (iA) Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter quarter, to (iiB) Consolidated EBITDA EBITDAX for the then most-recently ended such fiscal quarter multiplied by four fiscal quarters (4) to be greater than 3.50 6.00 to 1.00.

Leverage Ratio. (i) The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its the fiscal quartersquarter ending June 30, 2007, of (iA) Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter quarter, to (iiB) Consolidated EBITDA EBITDAX for the then most-recently ended such fiscal quarter multiplied by four fiscal quarters (4) to be greater than 3.50 to 1.00.

Leverage Ratio. The Borrower will not permit the ratio (the “Leverage Ratio”), determined as of the end of each of its fiscal quarters, of (i) Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter to (ii) Consolidated EBITDA for the then most-recently ended four fiscal quarters to be greater than 3.50 2.5 to 1.001.0 determined as the end of each of its fiscal quarters during the term of this Agreement.

Leverage Ratio. The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its fiscal quarters, of (i) Consolidated Funded Total Indebtedness of the Borrower as of the end of such fiscal quarter to (ii) Consolidated EBITDA for the then most-recently ended four (4) fiscal quarters to be greater than 3.50 3.25 to 1.00.

Leverage Ratio. The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its fiscal quarters, of (i) Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter to (ii) Consolidated EBITDA for the then most-recently ended four fiscal quarters to be greater than 3.50 and 3.25 to 1.001 for each fiscal quarter ending on or after September 30, 2003.

Leverage Ratio. The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its any fiscal quartersquarter, of (iA) Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter quarter, to (iiB) Consolidated EBITDA EBITDAX for the then most-recently ended trailing four (4) fiscal quarters quarter period ending on such date to be greater than 3.50 4.0 to 1.001.0.

Leverage Ratio. The Borrower will not permit the ratio (the “Leverage Ratio”), determined as of the end of each of its fiscal quartersquarters ending on and after December 31, 2003, of (i) Consolidated Funded Total Indebtedness of the Borrower as of the end of such fiscal quarter to (ii) Consolidated EBITDA for the then most-recently ended four period of 4 consecutive fiscal quarters ending with the end of such fiscal quarter, to be greater than 3.50 1.50 to 1.001.0.

Leverage Ratio. (i) The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its the fiscal quartersquarter ending December 31, 2006, of (iA) Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter quarter, to (iiB) Consolidated EBITDA EBITDAX for the then most-recently ended such fiscal quarter multiplied by four fiscal quarters (4) to be greater than 3.50 5.00 to 1.001.0.

Leverage Ratio. The Borrower Lessee will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its fiscal quartersFiscal Quarters, of (iA) Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter to (iiB) Consolidated EBITDA plus Consolidated Rentals for the four Fiscal Quarter period then most-recently ended four fiscal quarters ending to be greater than 3.50 3.0 to 1.001.0.

Leverage Ratio. The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its fiscal quarters, of (i) Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter to (ii) Consolidated EBITDA at the end of each of its fiscal quarters, annualized, all calculated for the then most-recently ended four fiscal quarters Borrower and its Subsidiaries on a consolidated basis, to be greater than 3.50 to 1.00.the following:

Leverage Ratio. The Borrower will shall not permit its ratio of Consolidated Indebtedness to Consolidated EBITDA in each case for the ratio four full fiscal quarters most recently ended (the “Leverage Ratio”), determined ) to exceed 4.75 to 1.00 as of the end last day of each of its fiscal quarters, of (i) Consolidated Funded Indebtedness of the Borrower as of the end of such any fiscal quarter to commencing June 30, 2007; provided, following a Specified Acquisition (ii) Consolidated EBITDA for the then most-recently ended four fiscal quarters to be greater than 3.50 to 1.00.defined below), such ratio shall not exceed

Leverage Ratio. (i) The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its the fiscal quartersquarter ending September 30, 2010, of (iA) Consolidated Funded Indebtedness of the Borrower Total Net Debt as of the end of such fiscal quarter to (iiB) Consolidated EBITDA EBITDAX for the then most-recently ended trailing four fiscal quarters quarter period ending on such date, to be greater than 3.50 4.75 to 1.00.

Leverage Ratio. The Borrower will not permit the ratio (the “Leverage Ratio”)its ratio, determined as of the end of each of its fiscal quarters, of (i) Consolidated Funded Indebtedness plus the amount available for drawing under all outstanding Letters of the Borrower as of the end of such fiscal quarter Credit to (ii) Consolidated EBITDA for the then most-recently ended four fiscal quarters to be greater than 3.50 to 1.00than: (a) for the fiscal quarter ending May 26, 2001, 3.00:1.00, (b) for the last fiscal quarter of fiscal year 2001, 2.75:1.00, and (c) for each fiscal quarter thereafter, 2.00:1.00.

Leverage Ratio. The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its fiscal quartersquarters beginning with the fiscal quarter ended December 31, 2003, of (i) its Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter end to (ii) its Consolidated EBITDA for the then most-recently ended four fiscal quarters to be greater than 3.50 2.50 to 1.00.

Leverage Ratio. The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its fiscal quartersquarters beginning with the fiscal quarter ended December 31, 2010, of (i) its Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter end to (ii) its Consolidated EBITDA for the then most-recently ended four fiscal quarters to be greater than 3.50 to 1.00.

Leverage Ratio. The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its fiscal quarters, of (i) Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter to (ii) Consolidated EBITDA for the then most-recently ended four fiscal quarters quarters, calculated on a quarterly annualized basis, to be greater than 3.50 3.5 to 1.001.0.

Leverage Ratio. The Borrower will not permit the ratio (the “Leverage Ratio”)ratio, determined as of the end of each of its fiscal quartersquarters beginning with the fiscal quarter ended September 30, 2007, of (i) its Consolidated Funded Indebtedness of the Borrower as of the end of such fiscal quarter end to (ii) its Consolidated EBITDA for the then most-recently ended four fiscal quarters to be greater than 3.50 to 1.00.