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 Borrower and its Subsidiaries on a consolidated basis shall have, at the end of each Fiscal Quarter set forth below, a Leverage Ratio as of the end last day of any fiscal quarter such Fiscal Quarter and for the 12-month period then ended of not more than the Borrower (beginning with the fiscal quarter ending following Fiscal Quarter Leverage Ratio March 31, 2008, June 30, 2008 4.00:1.0 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 2008, March 31, 2009 and June 30, 2009 3.50:1.00 3.75:1.0 September 30, 2009 through 2009, December 31, 2009 3.25:1.00 2009, March 31, 2010 through and June 30, 2010 3.00:1.00 3.50:1.0 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 2.25:1.003.25:1.0

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 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 The Borrower will not permit the Total Leverage Ratio Ratio, as of the end of any fiscal quarter of during the Borrower (beginning with the fiscal quarter ending September 30following periods, 2008) set forth below to be greater than the ratio set forth below opposite the applicable period ending dateeach such period: December 31, 2026 9.00 to 1.00 March 31, 2027 9.00 to 1.00 September 30, 2008 3.75:1.00 2027 8.25 to 1.00 December 31, 2008 through 2027 7.50 to 1.00 March 31, 2028 7.50 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 2028 and each fiscal quarter ending thereafter 2.25:1.007.00 to 1.00

Maximum Leverage Ratio. 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 quarter, to be greater than: Any fiscal quarter ending on or prior to December 31, 2015 4.00:1.00 March 31, 2016 4.25:1.00 June 30, 2016 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: 2016 and December 31, 2016 5.50:1.00 March 31, 2017 and June 30, 2017 5.25:1.00 September 30, 2008 3.75:1.00 2017 and December 31, 2008 through 2017 5.00:1.00 March 31, 2018 4.75:1.00 June 30, 2009 3.50:1.00 2018 3.75:1.00 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 2018 and thereafter 2.25:1.003.50:1.00

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 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 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 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 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 of the Borrower at the end of any each fiscal quarter of for the Borrower (beginning with the fiscal trailing four quarter ending September 30, 2008) set forth below period then ended to be greater more than the ratio set forth below opposite the applicable ratios indicated for each period ending datespecified below: September 30, 2008 3.75:1.00 December 31, 2008 through June 30, 2009 3.50:1.00 September 30, 2009 2013 through December 31, 2009 3.25:1.00 2014 2.75 to 1.0 March 31, 2010 through 2015 3.25 to 1.0 June 30, 2010 3.00:1.00 2015 3.75 to 1.0 September 30, 2010 through 2015 3.50 to 1.0 December 31, 2010 2.75:1.00 2015 3.00 to 1.0 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 2016 and each fiscal quarter end thereafter 2.25:1.002.75 to 1.0

Maximum Leverage Ratio. Permit The Borrower will cause the Leverage Ratio as of at all times during the end of any fiscal quarter quarters of the Borrower (beginning with the fiscal quarter ending September 30, 2008) set forth below to be greater less than or equal to the ratio set forth below opposite the applicable period ending datesuch fiscal quarter: Fiscal Quarter Ending Ratio September 30, 2008 2012 3.75:1.00 December 31, 2008 through 2012 3.50:1.00 March 31, 2013 3.50:1.00 June 30, 2009 2013 3.50:1.00 September 30, 2009 through 2013 3.50:1.00 December 31, 2009 2013 3.25:1.00 March 31, 2010 through 2014 3.25:1.00 June 30, 2010 3.00:1.00 2014 3.25:1.00 September 30, 2010 through 2014 3.25:1.00 December 31, 2010 2.75:1.00 March 312014, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 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 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 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 As of the end of any each fiscal quarter of occurring during any period set forth below, permit the Borrower (beginning with Leverage Ratio to exceed the fiscal quarter ending September 30, 2008) percentage set forth below to be greater than the ratio set forth below opposite the applicable period ending datefor such period: September June 30, 2008 3.75:1.00 2016 through and including December 30, 2016 65 % December 31, 2008 2016 through and including June 29, 2017 62.5 % 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 2017 and thereafter 2.25:1.0060 %

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 Borrower shall not permit the Leverage Ratio Ratio, calculated as of the end of any each fiscal quarter of the Borrower (beginning quarter, commencing with the fiscal quarter ending September 30, 2008) 2014, to exceed the amounts set forth below to be greater than for the ratio periods set forth below opposite below: Closing through the applicable period fiscal quarter ending date: September 30, 2008 3.75:1.00 2015 3.50 to 1.00 Fiscal quarter ending December 31, 2008 2015 through June the fiscal quarter ending December 30, 2009 3.50:1.00 September 30, 2009 through 2016 3.25 to 1.00 Fiscal quarter ending 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 2016 and as of the end of each fiscal quarter thereafter 2.25:1.003.00 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, 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 Borrower shall not permit the Leverage Ratio Ratio, calculated as of the end of any each fiscal quarter of the Borrower (beginning quarter, commencing with the fiscal quarter ending September 30December 31, 2008) 2012, to exceed the amounts set forth below to be greater than for the ratio periods set forth below opposite the applicable period ending datebelow: September 30, 2008 3.75:1.00 December 31, 2008 2012 through June December 30, 2009 3.50:1.00 September 30, 2009 through 2013 3.25 to 1.00 December 31, 2009 3.25:1.00 March 31, 2010 2013 through June December 30, 2010 3.00:1.00 September 30, 2010 through 2014 3.25 to 1.00 December 31, 2010 2.75:1.00 March 312014 through December 30, 2011 through 2015 3.25 to 1.00 December 31, 2011 2.50:1.00 March 31, 2012 2015 and at all times thereafter 2.25:1.003.00 to 1.00

Maximum Leverage Ratio. Permit The Borrower shall not permit the Leverage Ratio Ratio, calculated as of the end of any each fiscal quarter of the Borrower (beginning quarter, commencing with the fiscal quarter ending September 30December 31, 2008) 2012, to exceed the amounts set forth below to be greater than for the ratio periods set forth below opposite the applicable period ending datebelow: September 30, 2008 3.75:1.00 December 31, 2008 2012 through June December 30, 2009 3.50:1.00 September 30, 2009 through 2013 3.25 to 1.00 December 31, 2009 3.25:1.00 March 31, 2010 2013 through June December 30, 2010 3.00:1.00 September 30, 2010 through 2014 3.00 to 1.00 December 31, 2010 2.75:1.00 March 312014 through December 30, 2011 through 2015 2.75 to 1.00 December 31, 2011 2.50:1.00 March 31, 2012 2015 and at all times thereafter 2.25:1.002.50 to 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) set forth below to be greater than the ratio set forth below opposite following ratios for the applicable period following fiscal quarters: Each fiscal quarter ending date: September 30on or prior to March 31, 2008 3.75:1.00 2.50 to 1.00 Each fiscal quarter ending after March 31, 2008 but on or prior to December 31, 2008 through June 30, 2009 3.50:1.00 September 30, 2009 through 2.25 to 1.00 Each fiscal quarter ending after 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 2.25:1.002008 2.00 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 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 Borrower shall not 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 datesuch fiscal quarter: Fiscal Quarter Maximum Leverage Ratio -------------- ---------------------- September 30, 2008 3.75:1.00 2002 3.65 to 1 December 31, 2008 through June 30, 2009 3.50:1.00 September 30, 2009 2002 through December 31, 2009 3.25:1.00 2003 3.25 to 1 March 31, 2010 through June 30, 2010 3.00:1.00 September 30, 2010 2004 through December 31, 2010 2.75:1.00 2004 3.00 to 1 March 31, 2011 through December 31, 2011 2.50:1.00 March 31, 2012 2005 and thereafter 2.25:1.002.50 to 1