Common use of Maximum Leverage Ratio Clause in Contracts

Maximum Leverage Ratio. Permit the Leverage Ratio as at the last day of any fiscal quarter during any period set forth below to be greater than the ratio set forth opposite such period below: Period Ratio Closing Date through September 19, 2007 6.00 to 1.00 September 20, 2007 through July 2, 2008 5.75 to 1.00 July 3, 2008 through July 1, 2009 5.50 to 1.00 July 2, 2009 through December 16, 2009 5.15 to 1.00 December 17, 2009 through June 30, 2010 5.00 to 1.00 July 1, 2010 through December 15, 2010 4.75 to 1.00 Thereafter 4.50 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at the last day end of any fiscal quarter (commencing with the fiscal quarter ending on June 30, 2004) during any period set forth below to be greater than the ratio set forth opposite such period below: Period Ratio Closing Date through September 19, 2007 6.00 to 1.00 September 20, 2007 through July 2, 2008 5.75 to 1.00 July 3, 2008 through July 1, 2009 5.50 to 1.00 July 2, 2009 through December 16, 2009 5.15 to 1.00 December 17, 2009 through June 30, 2010 5.00 2004 3.25 to 1.00 July 1, 2010 2004 through December 1531, 2010 4.75 2004 3.00 to 1.00 January 1, 2005 through December 31, 2006 2.50 to 1.00 Thereafter 4.50 2.00 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at of the last day end of any fiscal quarter during any period 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 such the applicable period belowending date: Period Ratio Closing Date through September 19, 2007 6.00 to 1.00 September 20, 2007 through July 230, 2008 5.75 to 1.00 July 33.75:1.00 December 31, 2008 through July 1June 30, 2009 5.50 to 1.00 July 23.50:1.00 September 30, 2009 through December 1631, 2009 5.15 to 1.00 December 173.25:1.00 March 31, 2009 2010 through June 30, 2010 5.00 to 1.00 July 13.00:1.00 September 30, 2010 through December 1531, 2010 4.75 to 1.00 Thereafter 4.50 to 1.002.75:1.00 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 at of the last day end of any fiscal quarter during any period of the Borrower (beginning with the fiscal quarter ending September 30, 2011) set forth below to be greater than the ratio set forth below opposite such the applicable period belowending date: Period Ratio Closing Date through September 1930, 2007 6.00 to 1.00 September 20, 2007 through July 2, 2008 5.75 to 1.00 July 3, 2008 through July 1, 2009 5.50 to 1.00 July 2, 2009 through December 16, 2009 5.15 to 1.00 December 17, 2009 2011 through June 30, 2010 5.00 to 1.00 July 12013 3.25:1.00 September 30, 2010 2013 through December 15June 30, 2010 4.75 to 1.00 Thereafter 4.50 to 1.002014 3.00:1.00 September 30, 2014 and thereafter 2.75:1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at of the last day of any fiscal quarter ending during any a period set forth below below, beginning with the fiscal quarter ending September 30, 2007, to be greater than the ratio set forth opposite such period below: Period Ratio Closing Date through September 1930, 2007 6.00 to 1.00 September 205.25:1.00 October 1, 2007 through July 2December 31, 2008 5.75 to 1.00 July 32007 5.00:1.00 January 1, 2008 through July December 31, 2008 4.75:1.00 January 1, 2009 5.50 to 1.00 July 2, 2009 through December 16, 2009 5.15 to 1.00 December 17, 2009 through June 30, 2010 5.00 to 1.00 2009 4.50:1.00 July 1, 2009 through December 31, 2009 4.25:1.00 January 1, 2010 through December 15September 30, 2010 4.75 to 1.00 Thereafter 4.50 to 1.004.00:1.00 October 1, 2010 and thereafter 3.75:1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at the last day end of any fiscal quarter of the Borrower occurring during any period set forth below to be greater than the ratio set forth below opposite such period belowperiod: Period Ratio Closing Date through September 19December 31, 2007 6.00 to 1.00 September 20, 2007 through July 2, 2008 5.75 to 1.00 July 3, 2008 through July 1, 2009 5.50 to 1.00 July 2, 2009 through December 16, 2009 5.15 to 1.00 December 17, 2009 through June 30, 2010 5.00 to 1.00 July January 1, 2010 through December 15, 2010 4.75 to 1.00 Thereafter 4.50 2008 and each fiscal quarter thereafter 5.25 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at the last day end of any fiscal quarter during any a period set forth below to be greater than the ratio set forth opposite such period below: Period Ratio Closing Date through September 19March 31, 2007 6.00 2005 3.85 to 1.00 September 20, 2007 through July 2, 2008 5.75 to 1.00 July 3, 2008 through July April 1, 2009 5.50 to 1.00 July 2, 2009 through December 16, 2009 5.15 to 1.00 December 17, 2009 2005 through June 30, 2010 5.00 2005 3.75 to 1.00 July 1, 2010 2005 through December 15March 31, 2010 4.75 2006 3.50 to 1.00 April 1, 2006 through March 31, 2007 3.25 to 1.00 April 1, 2007 through March 31, 2008 2.75 to 1.00 Thereafter 4.50 2.25 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at the last day of any fiscal quarter during ending in or around any period set forth below to be greater than the ratio set forth opposite such period below: Period Ratio Closing Restatement Date through September 19, 2007 6.00 to 1.00 September 20, 2007 through July 2, 2008 5.75 to 1.00 July 3, 2008 through July 1, 2009 5.50 to 1.00 July 2, 2009 through December 16, 2009 5.15 to 1.00 December 17, 2009 through June 30, 2010 5.00 2004 4.75 to 1.00 July 1, 2010 2004 through December 15, 2010 4.75 2004 4.50 to 1.00 December 16, 2004 through April 6, 2005 4.25 to 1.00 April 7, 2005 through April 5, 2006 4.00 to 1.00 April 6, 2006 through April 4, 2007 3.50 to 1.00 April 5, 2007 through April 2, 2008 3.00 to 1.00 Thereafter 4.50 2.50 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at of the last day of any fiscal quarter ending during any a period set forth below to be greater than the ratio set forth opposite such period below: Period Ratio Closing Date through September 19, 2007 6.00 to 1.00 September 2030, 2007 through July 2March 31, 2008 5.75 2009 7.25 to 1.00 July 3, 2008 through July April 1, 2009 5.50 to 1.00 July 2, 2009 through December 16, 2009 5.15 to 1.00 December 17, 2009 through June 30, 2010 5.00 2009 7.00 to 1.00 July 1, 2009 through September 30, 2009 6.75 to 1.00 October 1, 2009 through September 30, 2010 6.50 to 1.00 October 1, 2010 through December 15September 30, 2010 4.75 2011 6.00 to 1.00 October 1, 2011 through September 30, 2013 5.50 to 1.00 Thereafter 4.50 5.00 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at of the last day of any fiscal quarter during any period set forth below (commencing with the fiscal quarter ending on September 30, 2004) to be greater than the ratio set forth opposite such period below: Period Ratio ------ ----- Closing Date through September 19December 31, 2007 6.00 2005 4.25 to 1.00 September 20, 2007 through July 2, 2008 5.75 to 1.00 July 3, 2008 through July January 1, 2009 5.50 to 1.00 July 2, 2009 through December 16, 2009 5.15 to 1.00 December 17, 2009 2006 through June 30, 2010 5.00 2006 4.00 to 1.00 July 1, 2010 2006 through December 1531, 2010 4.75 2006 3.75 to 1.00 January 1, 2007 through December 31, 2007 3.50 to 1.00 January 1, 2008 through December 31, 2008 3.00 to 1.00 Thereafter 4.50 2.75 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at of the last day of any fiscal quarter during any period set forth below (commencing with the fiscal quarter ending on September 30, 2004) to be greater than the ratio set forth opposite such period below: Period Ratio Closing Date through September 19December 31, 2007 6.00 2005 4.25 to 1.00 September 20, 2007 through July 2, 2008 5.75 to 1.00 July 3, 2008 through July January 1, 2009 5.50 to 1.00 July 2, 2009 through December 16, 2009 5.15 to 1.00 December 17, 2009 2006 through June 30, 2010 5.00 2006 4.00 to 1.00 July 1, 2010 2006 through December 1531, 2010 4.75 2006 3.75 to 1.00 January 1, 2007 through December 31, 2007 3.50 to 1.00 January 1, 2008 through December 31, 2008 3.00 to 1.00 Thereafter 4.50 2.75 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at the last day of any time during a fiscal quarter during any period set forth below to be greater than the ratio set forth opposite such period fiscal quarter below: Period Fiscal Quarter Ended in, or Closest to Ratio Closing Date August 1999 through September 19, 2007 6.00 to 1.00 2000 4.5:1.0 December 2000 through September 20, 2007 2001 4.0:1.0 December 2001 through July 2, 2008 5.75 to 1.00 July 3, 2008 September 2002 3.5:1.0 December 2002 through July 1, 2009 5.50 to 1.00 July 2, 2009 through September 2003 3.0:1.0 December 16, 2009 5.15 to 1.00 December 17, 2009 through June 30, 2010 5.00 to 1.00 July 1, 2010 through December 15, 2010 4.75 to 1.00 Thereafter 4.50 to 1.002003 and thereafter 2.5:1.0

Maximum Leverage Ratio. Permit the Leverage Ratio as at of the last day end of any fiscal quarter ending during any a period set forth below to be greater than the ratio set forth opposite such period below: Period Ratio Closing Date through September 1930, 2006 3.75:1.00 October 1, 2006 through September 30, 2007 6.00 to 1.00 September 203.50:1.00 October 1, 2007 through July 2, 2008 5.75 to 1.00 July 3, 2008 through July 1, 2009 5.50 to 1.00 July 2, 2009 through December 16, 2009 5.15 to 1.00 December 17, 2009 through June 30, 2010 5.00 to 1.00 July 1, 2010 through December 15, 2010 4.75 to 1.00 Thereafter 4.50 to 1.00and thereafter 3.00:1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at the last day of any time during a fiscal quarter during any period set forth below to be greater than the ratio set forth opposite such period fiscal quarter below: Period Fiscal Quarter Ended in, or Closest to Ratio Closing Date through September 19, 2007 6.00 to 1.00 September 20, 2007 through July 2, 2008 5.75 to 1.00 July 3, 2008 through July 1, 2009 5.50 to 1.00 July 2, 2009 -------------------- ----- June 2000 through December 16, 2009 5.15 to 1.00 December 17, 2009 through June 30, 2010 5.00 to 1.00 July 1, 2010 2000 3.25:1.00 March 2001 through December 15, 2010 4.75 to 1.00 Thereafter 4.50 to 1.002001 3.00:1.00 March 2002 through December 2002 2.75:1.00 March 2003 through December 2003 2.25:1.00 March 2004 and thereafter 2.00:1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at of the last day end of any fiscal quarter period of four consecutive Fiscal Quarters of the Borrower occurring during any period set forth below to be greater than the ratio set forth opposite such period belowperiod: Period Ratio Closing Date through September 19June 29, 2007 6.00 2014 3.75 to 1.00 September 20, 2007 through July 2, 2008 5.75 to 1.00 July 3, 2008 through July 1, 2009 5.50 to 1.00 July 2, 2009 through December 16, 2009 5.15 to 1.00 December 17, 2009 through June 30, 2010 5.00 to 1.00 July 1, 2010 through December 15, 2010 4.75 to 1.00 Thereafter 4.50 2014 and thereafter 3.50 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at the last day of any fiscal quarter time during any period of four fiscal quarters of the Borrower set forth below in which the last fiscal quarter ends after the Closing Date to be greater than the ratio set forth below opposite such period belowperiod: Period Ratio Closing Date through March 30, 2004 3.75 to 1.00 March 31, 2004 through December 31, 2004 3.50 to 1.00 January 1, 2005 through September 1929, 2007 6.00 2005 3.25 to 1.00 September 20, 2007 through July 2, 2008 5.75 to 1.00 July 3, 2008 through July 1, 2009 5.50 to 1.00 July 2, 2009 through December 16, 2009 5.15 to 1.00 December 17, 2009 through June 30, 2010 5.00 to 1.00 July 1, 2010 through December 15, 2010 4.75 to 1.00 Thereafter 4.50 2005 and each fiscal quarter thereafter 3.00 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at of the last day of any fiscal quarter (commencing with the fiscal quarter ending on March 31, 2004) ending during any a period set forth below to be greater than the ratio set forth opposite such period below: Period Ratio Closing Date through September 19March 31, 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 6.00 5.50 to 1.00 September 20April 1, 2007 through July 2March 31, 2008 5.75 5.00 to 1.00 July 3April 1, 2008 through July March 31, 2009 4.50 to 1.00 April 1, 2009 5.50 to 1.00 July 2, 2009 through December 16, 2009 5.15 to 1.00 December 17, 2009 through June 30March 31, 2010 5.00 to 1.00 July 1, 2010 through December 15, 2010 4.75 4.00 to 1.00 Thereafter 4.50 3.75 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at the last day of any fiscal quarter during ending in or around any period set forth below to be greater than the ratio set forth opposite such period below: Period Ratio ------ ----- Closing Date through September 19March 31, 2007 6.00 2003 4.50 to 1.00 April 1, 2003 through September 2030, 2007 through July 2, 2008 5.75 2003 4.25 to 1.00 July 3, 2008 through July October 1, 2009 5.50 2003 through September 30, 2004 4.00 to 1.00 July 268 October 1, 2009 2004 through December 16September 30, 2009 5.15 2005 3.50 to 1.00 December 17October 1, 2009 2005 through June September 30, 2010 5.00 to 1.00 July 1, 2010 through December 15, 2010 4.75 2006 3.00 to 1.00 Thereafter 4.50 2.75 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at the last day end of any fiscal quarter during any period set forth below to be greater than the ratio set forth opposite such period below: Period Ratio Closing Restatement Date through September 19, 2007 6.00 to 1.00 September 20, 2007 through July 2, 2008 5.75 to 1.00 July 3, 2008 through July 1, 2009 5.50 to 1.00 July 2, 2009 through December 16, 2009 5.15 to 1.00 December 17, 2009 through and including June 30, 2010 5.00 2005 3.00 to 1.00 July 1, 2010 2005 through and including December 1531, 2010 4.75 2005 3.50 to 1.00 Thereafter 4.50 3.00 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at the last day end of any fiscal quarter during any period set forth below to be greater than the ratio set forth below opposite such period belowthe applicable period: Period Ratio Closing Date through September 19December 30, 2007 6.00 to 1.00 September 203.00:1.00 December 31, 2007 through July 2, 2008 5.75 to 1.00 July 3, 2008 through July 1, 2009 5.50 to 1.00 July 2, 2009 through December 16, 2009 5.15 to 1.00 December 17, 2009 through June 30, 2010 5.00 to 1.00 July 1, 2010 through December 15, 2010 4.75 to 1.00 Thereafter 4.50 to 1.00and thereafter 2.50:1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at of the last day of any fiscal quarter ending during any a period set forth below below, beginning with the fiscal quarter ending September 30, 2007, to be greater than the ratio set forth opposite such period below: Period Ratio Closing Date through September 1930, 2007 6.00 to 1.00 September 205.75:1.00 October 1, 2007 through July 2December 31, 2008 5.75 to 1.00 July 32007 5.50:1.00 January 1, 2008 through July December 31, 2008 5.25:1.00 January 1, 2009 5.50 to 1.00 July 2, 2009 through December 16, 2009 5.15 to 1.00 December 17, 2009 through June 30, 2010 5.00 to 1.00 2009 5.00:1.00 July 1, 2009 through December 31, 2009 4.75:1.00 January 1, 2010 through December 15September 30, 2010 4.75 to 1.00 Thereafter 4.50 to 1.004.50:1.00 October 1, 2010 and thereafter 4.25:1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at the last day of any fiscal quarter during any period set forth below to be greater than the applicable ratio set forth opposite such period below: Period Ratio Closing Date through Through September 1930, 2007 6.00 2005 3.75 to 1.00 September 20, 2007 through July 2, 2008 5.75 to 1.00 July 3, 2008 through July October 1, 2009 5.50 to 1.00 July 2, 2009 through December 16, 2009 5.15 to 1.00 December 17, 2009 2005 through June 30, 2010 5.00 2006 3.50 to 1.00 July 1, 2010 2006 through September 30, 2006 3.25 to 1.00 October 1, 2006 through December 1531, 2010 4.75 2006 3.00 to 1.00 Thereafter 4.50 January 1, 2007 through December 31, 2007 2.75 to 1.00 January 1, 2008 through December 31, 2008 2.50 to 1.00 January 1, 2009 and thereafter 2.25 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at the last day end of any fiscal quarter during any a period set forth below to be greater than the ratio set forth opposite such period below: Period Ratio Closing Date through September 1930, 2007 6.00 7.00 to 1.00 September 20October 1, 2007 through July 2, 2008 5.75 to 1.00 July 3, 2008 through July 1, 2009 5.50 to 1.00 July 2, 2009 through December 16, 2009 5.15 to 1.00 December 17, 2009 through June 30, 2010 5.00 2008 6.50 to 1.00 July 1, 2010 2008 through December 15June 30, 2009 6.25 to 1.00 July 1, 2009 through September 30, 2010 4.75 5.75 to 1.00 Thereafter 4.50 4.75 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at of the last day of any fiscal quarter (commencing with the fiscal quarter ending as of December 31, 2003) ending during any period set forth below to be greater than exceed the ratio set forth opposite such period below: Period Ratio ------ ----- Closing Date through and including September 19, 2007 6.00 to 1.00 September 20, 2007 through July 2, 2008 5.75 to 1.00 July 3, 2008 through July 1, 2009 5.50 to 1.00 July 2, 2009 through December 16, 2009 5.15 to 1.00 December 17, 2009 through June 30, 2010 5.00 2006 3.25 to 1.00 July 1, 2010 through December 15, 2010 4.75 1.0 Thereafter 3.00 to 1.00 Thereafter 4.50 to 1.001.0

Maximum Leverage Ratio. Permit the Leverage Ratio Ratio, as at of the last day of any fiscal quarter during any period set forth below each Fiscal Quarter (commencing with the Fiscal Quarter ending nearest to be greater than September 30, 2005) not to exceed the ratio set forth below opposite such Fiscal Quarter or the period belowduring which such Fiscal Quarter ends: Period Ratio Closing Date Fiscal Quarter ending nearest to September 30, 2005 through September 19, 2007 6.00 the Fiscal Quarter ending nearest to 1.00 September 20, 2007 through July 2, 2008 5.75 to 1.00 July 3, 2008 through July 1, 2009 5.50 to 1.00 July 2, 2009 through December 16, 2009 5.15 to 1.00 December 17, 2009 through June 30, 2010 5.00 2008 3.00 to 1.00 July 1Fiscal Quarter ending nearest to September 30, 2010 through December 15, 2010 4.75 to 1.00 Thereafter 4.50 2008 and thereafter 2.50 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 at one accounting period, as of the last day of any fiscal quarter during any period set forth below quarter, to be greater than the ratio set forth opposite such period belowthan: Period Ratio Closing Date through September 19March 31, 2007 6.00 to 1.00 September 20, 2007 through July 2, 2008 5.75 to 1.00 July 3, 2008 through July 1, 2009 5.50 to 1.00 July 2, 2009 through December 16, 2009 5.15 to 1.00 December 17, 2009 through 2017 and June 30, 2010 5.00 to 1.00 July 12017 5.25:1.00 September 30, 2010 through 2017, December 1531, 2010 4.75 to 1.00 Thereafter 4.50 to 1.002017, March 31, 2018, June 30, 2018 and September 30, 2018 5.85:1.00 December 31, 2018 5.50:1.00 March 31, 2019 and thereafter 5.25:1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at the last day end of any fiscal quarter of the Borrower occurring during any period set forth below to be greater than the ratio set forth below opposite such period belowperiod: Period Ratio Closing Date through September 19April 1, 2007 6.00 5.25 to 1.00 September 20April 2, 2007 through July 2, 2008 5.75 to 1.00 July 3, 2008 through July 1, 2009 5.50 to 1.00 July 2, 2009 through December 16, 2009 5.15 to 1.00 December 17, 2009 through June 30, 2010 and each fiscal quarter thereafter 5.00 to 1.00 July 1, 2010 through December 15, 2010 4.75 to 1.00 Thereafter 4.50 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at the last day of any fiscal quarter time during any period of four fiscal quarters of the Borrower set forth below in which the last fiscal quarter ends after the Closing Date to be greater than the ratio set forth below opposite such period belowperiod: Period Ratio Closing Date through September 19March 30, 2006 4.00 to 1.00 March 31, 2006 through March 30, 2007 6.00 3.75 to 1.00 September 20March 31, 2007 through July 2March 30, 2008 5.75 3.50 to 1.00 July 3March 31, 2008 through July 1, 2009 5.50 to 1.00 July 2, 2009 through December 16, 2009 5.15 to 1.00 December 17, 2009 through June 30, 2010 5.00 to 1.00 July 1, 2010 through December 15, 2010 4.75 to 1.00 Thereafter 4.50 and each fiscal quarter thereafter 3.25 to 1.00

Maximum Leverage Ratio. Permit the Leverage Ratio as at the last day end of any fiscal quarter, commencing with the fiscal quarter during any period set forth below ending September 30, 2010, to be greater than the ratio set forth below opposite the applicable period during which such period belowfiscal quarter ends: Period Leverage Ratio Closing Date through September 1930, 2007 6.00 to 1.00 September 20, 2007 through July 2, 2008 5.75 to 1.00 July 3, 2008 through July 1, 2009 5.50 to 1.00 July 2, 2009 through December 16, 2009 5.15 to 1.00 December 17, 2009 2010 through June 30, 2010 5.00 to 1.00 July 12011 3.50:1:00 September 30, 2010 2011 through June 30, 2012 3.25:1:00 September 30, 2012 through December 1531, 2010 4.75 to 1.00 Thereafter 4.50 to 1.002012 3.00:1:00 March 31, 2013 through December 31, 2013 2.75:1:00 March 31, 2014 and thereafter 2.50:1:00

Maximum Leverage Ratio. Permit the Leverage Ratio as at of the last day of any fiscal quarter (commencing with the fiscal quarter ending as of December 31, 2003) ending during any period set forth below to be greater than exceed the ratio set forth opposite such period below: Period Ratio Closing Date through and including September 19, 2007 6.00 to 1.00 September 20, 2007 through July 2, 2008 5.75 to 1.00 July 3, 2008 through July 1, 2009 5.50 to 1.00 July 2, 2009 through December 16, 2009 5.15 to 1.00 December 17, 2009 through June 30, 2010 5.00 2006 3.25 to 1.00 July 1, 2010 through December 15, 2010 4.75 1.0 Thereafter 3.00 to 1.00 Thereafter 4.50 to 1.001.0

Maximum Leverage Ratio. Permit the Leverage Ratio as at the last day of any fiscal quarter time during any period of four fiscal quarters of the Borrower set forth below in which the last fiscal quarter ends after the Closing Date to be greater than the ratio set forth below opposite such period belowperiod: Period Ratio Closing Date September 30, 2005 through December 31, 2005 4.50 to 1.00 March 31, 2006 through September 1930, 2007 6.00 to 1.00 September 20, 2007 through July 2, 2008 5.75 to 1.00 July 3, 2008 through July 1, 2009 5.50 to 1.00 July 2, 2009 through December 16, 2009 5.15 2006 4.25 to 1.00 December 1731, 2009 2006 through June 30December 31, 2010 5.00 2007 4.00 to 1.00 July 1March 31, 2010 through December 15, 2010 4.75 to 1.00 Thereafter 4.50 2008 and each fiscal quarter thereafter 3.75 to 1.00