Common use of Maximum Leverage Ratio Clause in Contracts

Maximum Leverage Ratio. Permit the Leverage Ratio as of the end of any fiscal quarter of the Borrower (beginning with the fiscal quarter ending September 30, 2008) set forth below to be greater than the ratio set forth below opposite the applicable period ending date: September 30, 2008 3.75:1.00 December 31, 2008 through June 30, 2009 3.50:1.00 September 30, 2009 through December 31, 2009 3.25:1.00 March 31, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 through December 31, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 and thereafter 2.25:1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of at the end of any fiscal quarter of the Borrower (beginning commencing with the fiscal quarter ending September on June 30, 20082004) during any period set forth below to be greater than the ratio set forth below opposite the applicable such period ending datebelow: September 30, 2008 3.75:1.00 December 31, 2008 Closing Date through June 30, 2009 3.50:1.00 September 302004 3.25 to 1.00 July 1, 2009 2004 through December 31, 2009 3.25:1.00 March 312004 3.00 to 1.00 January 1, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 2005 through December 31, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 and thereafter 2.25:1.002006 2.50 to 1.00 Thereafter 2.00 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of at the end last day of any fiscal quarter of the Borrower (beginning with the fiscal quarter ending September 30, 2008) during any period set forth below to be greater than the ratio set forth below opposite the applicable such period ending datebelow: Period Ratio Closing Date through September 3019, 2007 6.00 to 1.00 September 20, 2007 through July 2, 2008 3.75:1.00 December 315.75 to 1.00 July 3, 2008 through June 30July 1, 2009 3.50:1.00 September 305.50 to 1.00 July 2, 2009 through December 3116, 2009 3.25:1.00 March 315.15 to 1.00 December 17, 2010 2009 through June 30, 2010 3.00:1.00 September 305.00 to 1.00 July 1, 2010 through December 3115, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 and thereafter 2.25:1.004.75 to 1.00 Thereafter 4.50 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of at the end last day of any fiscal quarter of the Borrower (beginning with the fiscal quarter ending September 30, 2008) in or around any period set forth below to be greater than the ratio set forth below opposite the applicable such period ending datebelow: September 30, 2008 3.75:1.00 December 31, 2008 Ratio Restatement Date through June 30, 2009 3.50:1.00 September 302004 4.75 to 1.00 July 1, 2009 2004 through December 3115, 2009 3.25:1.00 March 312004 4.50 to 1.00 December 16, 2010 2004 through June 30April 6, 2010 3.00:1.00 September 302005 4.25 to 1.00 April 7, 2010 2005 through December 31April 5, 2010 2.75:1.00 March 312006 4.00 to 1.00 April 6, 2011 2006 through December 31April 4, 2011 2.50:1.00 March 312007 3.50 to 1.00 April 5, 2012 and thereafter 2.25:1.002007 through April 2, 2008 3.00 to 1.00 Thereafter 2.50 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of the end last day of any fiscal quarter of the Borrower (beginning commencing with the fiscal quarter ending September 30as of December 31, 20082003) ending during any period set forth below to be greater than exceed the ratio set forth below opposite the applicable such period ending datebelow: Period Ratio ------ ----- Closing Date through and including September 30, 2008 3.75:1.00 December 31, 2008 through June 30, 2009 3.50:1.00 September 30, 2009 through December 31, 2009 3.25:1.00 March 31, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 through December 31, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 and thereafter 2.25:1.002006 3.25 to 1.0 Thereafter 3.00 to 1.0

Maximum Leverage Ratio. Permit the Leverage Ratio as of at the end last day of any fiscal quarter of the Borrower (beginning with the fiscal quarter ending September 30, 2008) set forth below to be greater than the applicable ratio set forth below opposite the applicable period ending datebelow: Through September 30, 2005 3.75 to 1.00 October 1, 2005 through June 30, 2006 3.50 to 1.00 July 1, 2006 through September 30, 2006 3.25 to 1.00 October 1, 2006 through December 31, 2006 3.00 to 1.00 January 1, 2007 through December 31, 2007 2.75 to 1.00 January 1, 2008 3.75:1.00 through December 31, 2008 through June 302.50 to 1.00 January 1, 2009 3.50:1.00 September 30, 2009 through December 31, 2009 3.25:1.00 March 31, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 through December 31, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 and thereafter 2.25:1.002.25 to 1.00

Maximum Leverage Ratio. Permit Commencing with the four fiscal quarter period ending March 31, 2017, permit the Leverage Ratio for any period of four consecutive fiscal quarters of the Parent Borrower, in each case taken as one accounting period, as of the end last day of any fiscal quarter of the Borrower (beginning with the fiscal quarter ending quarter, to be greater than: March 31, 2017 and June 30, 2017 5.25:1.00 September 30, 2008) set forth below to be greater than the ratio set forth below opposite the applicable period ending date: 2017, December 31, 2017, March 31, 2018, June 30, 2018 and September 30, 2008 3.75:1.00 2018 5.85:1.00 December 31, 2008 through June 30, 2009 3.50:1.00 September 30, 2009 through December 31, 2009 3.25:1.00 2018 5.50:1.00 March 31, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 through December 31, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 2019 and thereafter 2.25:1.005.25:1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of the end of any fiscal quarter of the Borrower (beginning with the fiscal quarter ending September 30, 20082011) set forth below to be greater than the ratio set forth below opposite the applicable period ending date: September 30, 2008 3.75:1.00 December 31, 2008 2011 through June 30, 2009 3.50:1.00 2013 3.25:1.00 September 30, 2009 through December 31, 2009 3.25:1.00 March 31, 2010 2013 through June 30, 2010 2014 3.00:1.00 September 30, 2010 through December 31, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 2014 and thereafter 2.25:1.002.75:1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of at the end of any fiscal quarter of the Borrower (beginning with the fiscal quarter ending September 30, 2008) set forth below to be greater than the ratio set forth below opposite the applicable period ending dateperiod: September Closing Date through December 30, 2008 3.75:1.00 2007 3.00:1.00 December 31, 2008 through June 30, 2009 3.50:1.00 September 30, 2009 through December 31, 2009 3.25:1.00 March 31, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 through December 31, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 2007 and thereafter 2.25:1.002.50:1.00

Maximum Leverage Ratio. Permit the Leverage Ratio Ratio, determined as of the end last day of any fiscal quarter of the Borrower (beginning with measured on a rolling four quarter basis for the trailing four fiscal quarter ending September 30quarters), 2008) set forth below to be greater than the ratio set forth below opposite the applicable period ending datefor such period: September 30March 31, 2007 through and including December 31, 2007 4.70 to 1.00 March 31, 2008 3.75:1.00 through and including December 31, 2008 through June 30, 2009 3.50:1.00 September 304.35 to 1.00 March 31, 2009 through and including December 31, 2009 3.25:1.00 3.75 to 1.00 March 31, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 through December 31, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 and each fiscal quarter thereafter 2.25:1.003.60 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of at the end of any fiscal quarter of the Borrower (beginning quarter, commencing with the fiscal quarter ending September 30, 2008) set forth below 2010, to be greater than the ratio set forth below opposite the applicable period ending dateduring which such fiscal quarter ends: Period Leverage Ratio September 30, 2008 3.75:1.00 December 31, 2008 through June 30, 2009 3.50:1.00 September 30, 2009 through December 31, 2009 3.25:1.00 March 31, 2010 through June 30, 2010 3.00:1.00 2011 3.50:1:00 September 30, 2010 2011 through June 30, 2012 3.25:1:00 September 30, 2012 through December 31, 2010 2.75:1.00 2012 3.00:1:00 March 31, 2011 2013 through December 31, 2011 2.50:1.00 2013 2.75:1:00 March 31, 2012 2014 and thereafter 2.25:1.002.50:1:00

Maximum Leverage Ratio. Permit the Leverage Ratio as of the end last day of any fiscal quarter of the Borrower (beginning commencing with the fiscal quarter ending September 30on March 31, 20082004) ending during a period set forth below to be greater than the ratio set forth below opposite the applicable such period ending datebelow: September 30Closing Date through March 31, 2008 3.75:1.00 December 2005 5.95 to 1.00 April 1, 2005 through March 31, 2006 5.90 to 1.00 April 1, 2006 through March 31, 2007 5.50 to 1.00 April 1, 2007 through March 31, 2008 5.00 to 1.00 April 1, 2008 through June 30March 31, 2009 3.50:1.00 September 304.50 to 1.00 April 1, 2009 through December 31, 2009 3.25:1.00 March 31, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 through December 31, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 and thereafter 2.25:1.004.00 to 1.00 Thereafter 3.75 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio of Borrower and its Subsidiaries on a consolidated basis, as of the end last day of any fiscal quarter of the Borrower (beginning with the following specified fiscal quarter ending September 30quarters, 2008) set forth below to be greater than the ratio set forth below opposite the applicable period ending datecorresponding amount specified for such fiscal quarter: September Fiscal Quarter Ending Maximum Ratio --------------------- ------------- May 31, 2001: 9.50 to 1.00 August 31, 2001 6.35 to 1.00 November 30, 2008 3.75:1.00 December 312001 5.00 to 1.00 February 28, 2008 through June 30, 2009 3.50:1.00 September 30, 2009 through December 31, 2009 3.25:1.00 March 31, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 through December 31, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 and thereafter 2.25:1.002002 4.75 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of the end of at any time during a fiscal quarter of the Borrower (beginning with the fiscal quarter ending September 30, 2008) set forth below to be greater than the ratio set forth below opposite the applicable period ending datesuch fiscal quarter below: September 30Fiscal Quarter Ended in, 2008 3.75:1.00 December 31, 2008 through or Closest to Ratio -------------------- ----- June 30, 2009 3.50:1.00 September 30, 2009 2000 through December 31, 2009 2000 3.25:1.00 March 31, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 2001 through December 31, 2010 2001 3.00:1.00 March 2002 through December 2002 2.75:1.00 March 31, 2011 2003 through December 31, 2011 2.50:1.00 2003 2.25:1.00 March 31, 2012 2004 and thereafter 2.25:1.002.00:1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of the end of any fiscal quarter period of four consecutive Fiscal Quarters of the Borrower (beginning with the fiscal quarter ending September 30, 2008) occurring during any period set forth below to be greater than the ratio set forth below opposite the applicable period ending datesuch period: September 30Closing Date through June 29, 2008 3.75:1.00 December 31, 2008 through 2014 3.75 to 1.00 June 30, 2009 3.50:1.00 September 30, 2009 through December 31, 2009 3.25:1.00 March 31, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 through December 31, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 2014 and thereafter 2.25:1.003.50 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of at the end last day of any fiscal quarter of the Borrower (beginning with the fiscal quarter ending September 30, 2008) in or around any period set forth below to be greater than the ratio set forth below opposite the applicable such period ending datebelow: Period Ratio ------ ----- Closing Date through March 31, 2003 4.50 to 1.00 April 1, 2003 through September 30, 2008 3.75:1.00 December 312003 4.25 to 1.00 October 1, 2008 2003 through June 30, 2009 3.50:1.00 September 30, 2009 2004 4.00 to 1.00 68 October 1, 2004 through December 31, 2009 3.25:1.00 March 31, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 2005 3.50 to 1.00 October 1, 2005 through December 31September 30, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 and thereafter 2.25:1.002006 3.00 to 1.00 Thereafter 2.75 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of at the end of any fiscal quarter of the Borrower (beginning with the fiscal quarter ending September 30, 2008) occurring during any period set forth below to be greater than the ratio set forth below opposite the applicable period ending datesuch period: September 30Closing Date through April 1, 2008 3.75:1.00 December 312007 5.25 to 1.00 April 2, 2008 through June 30, 2009 3.50:1.00 September 30, 2009 through December 31, 2009 3.25:1.00 March 31, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 through December 31, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 2007 and each fiscal quarter thereafter 2.25:1.005.00 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at any time during any period of the end of any four fiscal quarter quarters of the Borrower (beginning with the fiscal quarter ending September 30, 2008) set forth below in which the last fiscal quarter ends after the Closing Date to be greater than the ratio set forth below opposite the applicable period ending datesuch period: September Closing Date through March 30, 2006 4.00 to 1.00 March 31, 2006 through March 30, 2007 3.75 to 1.00 March 31, 2007 through March 30, 2008 3.75:1.00 December 3.50 to 1.00 March 31, 2008 through June 30, 2009 3.50:1.00 September 30, 2009 through December 31, 2009 3.25:1.00 March 31, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 through December 31, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 and each fiscal quarter thereafter 2.25:1.003.25 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of the end last day of any fiscal quarter of the Borrower (beginning with the fiscal quarter ending September 30, 2008) during a period set forth below to be greater than the ratio set forth below opposite the applicable such period ending datebelow: Period Ratio September 30, 2008 3.75:1.00 December 2007 through March 31, 2008 2009 7.25 to 1.00 April 1, 2009 through June 30, 2009 3.50:1.00 7.00 to 1.00 July 1, 2009 through September 30, 2009 through December 316.75 to 1.00 October 1, 2009 3.25:1.00 March 31, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 through December 316.50 to 1.00 October 1, 2010 2.75:1.00 March 31through September 30, 2011 6.00 to 1.00 October 1, 2011 through December 31September 30, 2011 2.50:1.00 March 31, 2012 and thereafter 2.25:1.002013 5.50 to 1.00 Thereafter 5.00 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of at the end of any fiscal quarter of the Borrower (beginning with the fiscal quarter ending September 30, 2008) period set forth below to be greater than the ratio set forth below opposite the applicable such period ending datebelow: Closing Date through September 30, 2008 3.75:1.00 December 312004 5.50 to 1.00 October 1, 2008 through June 30, 2009 3.50:1.00 September 30, 2009 2004 through December 31, 2009 3.25:1.00 March 31, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 through December 31, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 and thereafter 2.25:1.002004 5.25 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of the end last day of any fiscal quarter of the Borrower (beginning commencing with the fiscal quarter ending on September 30, 20082004) set forth below to be greater than the ratio set forth below opposite the applicable such period ending datebelow: September Closing Date through December 31, 2005 4.25 to 1.00 January 1, 2006 through June 30, 2006 4.00 to 1.00 July 1, 2006 through December 31, 2006 3.75 to 1.00 January 1, 2007 through December 31, 2007 3.50 to 1.00 January 1, 2008 3.75:1.00 through December 31, 2008 through June 30, 2009 3.50:1.00 September 30, 2009 through December 31, 2009 3.25:1.00 March 31, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 through December 31, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 and thereafter 2.25:1.003.00 to 1.00 Thereafter 2.75 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of at the end of any fiscal quarter of the Borrower (beginning with the fiscal quarter ending September 30, 2008) during any period set forth below to be greater than the ratio set forth below opposite the applicable such period ending datebelow: September Restatement Date through and including June 30, 2008 3.75:1.00 2005 3.00 to 1.00 July 1, 2005 through and including December 31, 2008 through June 30, 2009 3.50:1.00 September 30, 2009 through December 31, 2009 3.25:1.00 March 31, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 through December 31, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 and thereafter 2.25:1.002005 3.50 to 1.00 Thereafter 3.00 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at any time during any period of the end of any four fiscal quarter quarters of the Borrower (beginning with the fiscal quarter ending September 30, 2008) set forth below in which the last fiscal quarter ends after the Closing Date to be greater than the ratio set forth below opposite the applicable period ending datesuch period: September 30, 2008 3.75:1.00 December 31, 2008 through June 30, 2009 3.50:1.00 September 30, 2009 2005 through December 31, 2009 3.25:1.00 2005 4.50 to 1.00 March 31, 2010 2006 through June 30, 2010 3.00:1.00 September 30, 2010 2006 4.25 to 1.00 December 31, 2006 through December 31, 2010 2.75:1.00 2007 4.00 to 1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 2008 and each fiscal quarter thereafter 2.25:1.003.75 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio Ratio, as of the end last day of any fiscal quarter of the Borrower each Fiscal Quarter (beginning commencing with the fiscal quarter Fiscal Quarter ending nearest to September 30, 20082005) set forth below not to be greater than exceed the ratio set forth below opposite such Fiscal Quarter or the applicable period during which such Fiscal Quarter ends: Fiscal Quarter ending date: nearest to September 30, 2005 through the Fiscal Quarter ending nearest to June 30, 2008 3.00 to 1.00 Fiscal Quarter ending nearest to September 30, 2008 3.75:1.00 December 31, 2008 through June 30, 2009 3.50:1.00 September 30, 2009 through December 31, 2009 3.25:1.00 March 31, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 through December 31, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 and thereafter 2.25:1.002.50 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of the end of at any time during a fiscal quarter of the Borrower (beginning with the fiscal quarter ending September 30, 2008) set forth below to be greater than the ratio set forth below opposite the applicable period ending datesuch fiscal quarter below: Fiscal Quarter Ended in, or Closest to Ratio August 1999 through September 30, 2008 3.75:1.00 2000 4.5:1.0 December 31, 2008 2000 through June 30, 2009 3.50:1.00 September 30, 2009 2001 4.0:1.0 December 2001 through September 2002 3.5:1.0 December 31, 2009 3.25:1.00 March 31, 2010 2002 through June 30, 2010 3.00:1.00 September 30, 2010 through 2003 3.0:1.0 December 31, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 2003 and thereafter 2.25:1.002.5:1.0

Maximum Leverage Ratio. Permit the Leverage Ratio as of the end last day of any fiscal quarter of the Borrower (beginning commencing with the fiscal quarter ending September 30as of December 31, 20082003) ending during any period set forth below to be greater than exceed the ratio set forth below opposite the applicable such period ending datebelow: Closing Date through and including September 30, 2008 3.75:1.00 December 31, 2008 through June 30, 2009 3.50:1.00 September 30, 2009 through December 31, 2009 3.25:1.00 March 31, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 through December 31, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 and thereafter 2.25:1.002006 3.25 to 1.0 Thereafter 3.00 to 1.0

Maximum Leverage Ratio. Permit the Leverage Ratio as of at the end of any fiscal quarter of the Borrower (beginning with the fiscal quarter ending September 30, 2008) during a period set forth below to be greater than the ratio set forth below opposite the applicable such period ending datebelow: Closing Date through September 30, 2007 7.00 to 1.00 October 1, 2007 through June 30, 2008 3.75:1.00 December 316.50 to 1.00 July 1, 2008 through June 30, 2009 3.50:1.00 September 306.25 to 1.00 July 1, 2009 through December 31, 2009 3.25:1.00 March 31, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 through December 31, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 and thereafter 2.25:1.005.75 to 1.00 Thereafter 4.75 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of the end last day of any fiscal quarter of the Borrower (beginning commencing with the fiscal quarter ending on September 30, 20082004) set forth below to be greater than the ratio set forth below opposite the applicable such period ending datebelow: September Period Ratio ------ ----- Closing Date through December 31, 2005 4.25 to 1.00 January 1, 2006 through June 30, 2006 4.00 to 1.00 July 1, 2006 through December 31, 2006 3.75 to 1.00 January 1, 2007 through December 31, 2007 3.50 to 1.00 January 1, 2008 3.75:1.00 through December 31, 2008 through June 30, 2009 3.50:1.00 September 30, 2009 through December 31, 2009 3.25:1.00 March 31, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 through December 31, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 and thereafter 2.25:1.003.00 to 1.00 Thereafter 2.75 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of the end last day of any fiscal quarter of the Borrower (ending during a period set forth below, beginning with the fiscal quarter ending September 30, 2008) set forth below 2007, to be greater than the ratio set forth below opposite the applicable such period ending datebelow: Closing Date through September 30, 2007 5.25:1.00 October 1, 2007 through December 31, 2007 5.00:1.00 January 1, 2008 3.75:1.00 through December 31, 2008 4.75:1.00 January 1, 2009 through June 30, 2009 3.50:1.00 September 304.50:1.00 July 1, 2009 through December 31, 2009 3.25:1.00 March 314.25:1.00 January 1, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 through December 314.00:1.00 October 1, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 and thereafter 2.25:1.003.75:1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of the end of any fiscal quarter of the Borrower (beginning with the fiscal quarter ending September 30, 2008) during a period set forth below to be greater than the ratio set forth below opposite the applicable such period ending datebelow: Closing Date through September 30, 2008 2006 3.75:1.00 December 31October 1, 2008 2006 through June 30, 2009 3.50:1.00 September 30, 2009 through December 312007 3.50:1.00 October 1, 2009 3.25:1.00 March 31, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 through December 31, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 2007 and thereafter 2.25:1.003.00:1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of at the end of any fiscal quarter of the Borrower (beginning with the fiscal quarter ending September 30, 2008) occurring during any period set forth below to be greater than the ratio set forth below opposite the applicable period ending datesuch period: September 30, 2008 3.75:1.00 December 31, 2008 through June 30, 2009 3.50:1.00 September 30, 2009 Closing Date through December 31, 2009 3.25:1.00 March 312007 5.50 to 1.00 January 1, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 through December 31, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 2008 and each fiscal quarter thereafter 2.25:1.005.25 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of at the end of any fiscal quarter of the Borrower (beginning with the fiscal quarter ending September 30, 2008) during a period set forth below to be greater than the ratio set forth below opposite the applicable such period ending datebelow: September 30, 2008 3.75:1.00 December Closing Date through March 31, 2008 2005 3.85 to 1.00 April 1, 2005 through June 30, 2009 3.50:1.00 September 302005 3.75 to 1.00 July 1, 2009 2005 through December 31, 2009 3.25:1.00 March 31, 2010 2006 3.50 to 1.00 April 1, 2006 through June 30, 2010 3.00:1.00 September 30, 2010 through December 31, 2010 2.75:1.00 March 31, 2011 2007 3.25 to 1.00 April 1, 2007 through December 31, 2011 2.50:1.00 March 31, 2012 and thereafter 2.25:1.002008 2.75 to 1.00 Thereafter 2.25 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at any time during any period of the end of any four fiscal quarter quarters of the Borrower (beginning with the fiscal quarter ending September 30, 2008) set forth below in which the last fiscal quarter ends after the Closing Date to be greater than the ratio set forth below opposite the applicable period ending datesuch period: September Closing Date through March 30, 2008 3.75:1.00 December 2004 3.75 to 1.00 March 31, 2008 through June 30, 2009 3.50:1.00 September 30, 2009 2004 through December 31, 2009 3.25:1.00 March 312004 3.50 to 1.00 January 1, 2010 2005 through June 30September 29, 2010 3.00:1.00 2005 3.25 to 1.00 September 30, 2010 through December 31, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 2005 and each fiscal quarter thereafter 2.25:1.003.00 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as of the end last day of any fiscal quarter of the Borrower (ending during a period set forth below, beginning with the fiscal quarter ending September 30, 2008) set forth below 2007, to be greater than the ratio set forth below opposite the applicable such period ending datebelow: Closing Date through September 30, 2007 5.75:1.00 October 1, 2007 through December 31, 2007 5.50:1.00 January 1, 2008 3.75:1.00 through December 31, 2008 5.25:1.00 January 1, 2009 through June 30, 2009 3.50:1.00 September 305.00:1.00 July 1, 2009 through December 31, 2009 3.25:1.00 March 314.75:1.00 January 1, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 through December 314.50:1.00 October 1, 2010 2.75:1.00 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 and thereafter 2.25:1.004.25:1.00