Common use of Maximum Total Leverage Ratio Clause in Contracts

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as at the end of any Test Period ending during any period set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio Closing Date through September 30, 2007 6.50 to 1.0 October 1, 2007 through June 30, 2008 6.25 to 1.0 July 1, 2008 through September 30, 2008 6.00 to 1.0 October 1, 2008 through December 31, 2008 5.50 to 1.0 January 1, 2009 through December 31, 2009 4.00 to 1.0 January 1, 2010 through December 31, 2010 3.25 to 1.0 January 1, 2011 through December 31, 2011 2.25 to 1.0 January 1, 2012 and thereafter 2.00 to 1.0

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as at the end of any Test Period ending date during any period set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio Closing Date through September 30, 2007 6.50 to 1.0 October 1, 2007 through June 30, 2008 6.25 to 1.0 July 1, 2008 through September 30, 2008 6.00 to 1.0 October 1, 2008 through - December 31, 2008 5.50 2007 7.00 to 1.0 January 1, 2008 - September 27, 2008 6.85 to 1.0 September 28, 2008 - July 4, 2009 through 6.70 to 1.0 July 5, 2009 - December 31, 2009 4.00 6.50 to 1.0 January 1, 2010 through December 31- October 2, 2010 3.25 6.00 to 1.0 January 1October 3, 2011 through December 31, 2011 2.25 to 1.0 January 1, 2012 2010 and thereafter 2.00 to 1.05.75

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as at the end last day of any Test Period ending during any period set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio Closing Date through September July 1, 2006 - December 31, 2006 6.50 to 1.0 January 1, 2007 - June 30, 2007 6.75 to 1.0 July 1, 2007 - December 31, 2007 6.50 to 1.0 October January 1, 2007 through June 302008 - December 31, 2008 6.25 to 1.0 July January 1, 2008 through September 302009 - December 31, 2008 2009 6.00 to 1.0 October January 1, 2008 through 2010 – December 31, 2008 2010 5.50 to 1.0 January 1, 2009 through December 31, 2009 4.00 to 1.0 January 1, 2010 through December 31, 2010 3.25 to 1.0 January 1, 2011 through December 31, 2011 2.25 to 1.0 January 1, 2012 and thereafter 2.00 5.00 to 1.0

Maximum Total Leverage Ratio. Permit the The Total Leverage Ratio, as at the end of Ratio shall not on any Test Period ending during any period set forth in the table below, to Date exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio Closing Date through September 30February 1, 2004 – July 31, 2004 4.75 x August 1, 2004 – October 31, 2005 4.50 x November 1, 2005 – January 31, 2006 4.25 x February 1, 2006 – July 31, 2006 4.00 x August 1, 2006 – January 31, 2007 6.50 to 1.0 October 3.75 x February 1, 2007 through June 30– January 31, 2008 6.25 to 1.0 July 3.50 x February 1, 2008 through September 30, 2008 6.00 to 1.0 October 1, 2008 through December – January 31, 2008 5.50 to 1.0 January 2009 3.25 x February 1, 2009 through December 31, 2009 4.00 to 1.0 – January 1, 2010 through December 31, 2010 3.25 to 1.0 January 1, 2011 through December 31, 2011 2.25 to 1.0 January 1, 2012 and thereafter 2.00 to 1.03.00 x

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as at of the end last day of any Test Period ending during any period set forth in the table below, to exceed the ratio set forth opposite such period Test Period in the table below: Test Period Leverage Ratio Closing Date through September 30, 2007 6.50 to 1.0 October 1, 2007 through June 30, 2008 6.25 to 1.0 July 1, 2008 through September 30, 2008 6.00 to 1.0 October 1, 2008 through December 31, 2008 5.50 to 1.0 January 1, 2009 through December 31, 2009 2011 4.00 to 1.0 January 1, 2010 through December 31, 2010 3.25 to 1.0 January 1, 2011 through December 31, 2011 2.25 3.50 to 1.0 January 1March 31, 2012 and thereafter 3.00 to 1.0 June 30, 2012 2.50 to 1.0 September 30, 2012 2.35 to 1.0 December 31, 2012 2.15 to 1.0 March 31, 2013 2.05 to 1.0 June 30, 2013 2.00 to 1.0 September 30, 2013 1.90 to 1.0 December 31, 2013 1.60 to 1.0 March 31, 2014 1.60 to 1.0 June 30, 2014 1.50 to 1.0 September 30, 2014 1.50 to 1.0

Maximum Total Leverage Ratio. Permit the The Total Leverage RatioRatio shall not, as at the end of any Test Period ending Date during any period set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio ------ ----- Closing Date through September 30December 31, 2007 6.50 to 1.0 October 2005 4.25x January 1, 2006 through December 31, 2006 4.00x January 1, 2007 through June 30December 31, 2008 6.25 to 1.0 July 1, 2008 through September 30, 2008 6.00 to 1.0 October 2007 3.75x January 1, 2008 through December 31, 2008 5.50 to 1.0 3.50x January 1, 2009 through December 31, 2009 4.00 to 1.0 3.25x January 1, 2010 through December 31, 2010 3.25 to 1.0 3.00x January 1, 2011 through December 31, 2011 2.25 to 1.0 January 1, 2012 and thereafter 2.00 to 1.02.75x

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as at the end of any Test Period ending date during any period set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio Closing Effective Date through to September 29, 2005 3.75 to 1.00 September 30, 2007 6.50 2005 to 1.0 October 1December 30, 2007 through 2005 3.25 to 1.00 December 31, 2005 to March 30, 2006 2.75 to 1.00 March 31, 2006 to June 29, 2006 2.50 to 1.00 June 30, 2008 6.25 2006 to 1.0 July 1September 29, 2008 through 2006 2.25 to 1.00 September 30, 2008 6.00 2006 to 1.0 October 1March 30, 2007 2.00 to 1.00 March 31, 2007 to March 30, 2008 through December 1.75 to 1.00 March 31, 2008 5.50 to 1.0 January 1, 2009 through December 31, 2009 4.00 to 1.0 January 1, 2010 through December 31, 2010 3.25 to 1.0 January 1, 2011 through December 31, 2011 2.25 to 1.0 January 1, 2012 and thereafter 2.00 1.50 to 1.01.00

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as at of the end last day of any Test Period ending during any period set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio Closing Date through September 25, 2004 - June 25, 2005 5.25 to 1.0 September 24, 2005 - December 30, 2005 5.00 to 1.0 March 25, 2006 - June 24, 2006 4.75 to 1.0 September 30, 2007 6.50 2006 - December 30, 2006 4.50 to 1.0 October 1March 31, 2007 through 4.25 to 1.0 June 30, 2008 6.25 to 1.0 July 12007 - September 29, 2008 through September 30, 2008 6.00 to 1.0 October 1, 2008 through December 31, 2008 5.50 to 1.0 January 1, 2009 through December 31, 2009 2007 4.00 to 1.0 January 1December 29, 2010 through 2007 - March 29, 2008 3.75 to 1.0 June 28, 2008 3.50 to 1.0 September 27, 2008 - December 3127, 2010 2008 3.25 to 1.0 January 1March 28, 2011 through December 31, 2011 2.25 to 1.0 January 1, 2012 2009 and thereafter 2.00 3.00 to 1.0

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as at of the end last day of any Test Period ending in effect during any period set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio Closing Date through September 30, 2007 6.50 to 1.0 October 1, 2007 through June 30, 2008 6.25 to 1.0 July 1, 2008 through - September 30, 2008 6.00 4.50 to 1.0 October 1, 2008 through December - March 31, 2008 5.50 2009 4.25 to 1.0 January April 1, 2009 through - June 30, 2009 3.75 to 1.0 July 1, 2009 - September 30, 2009 3.50 to 1.0 October 1, 2009 - December 31, 2009 4.00 3.25 to 1.0 January 1, 2010 through December - March 31, 2010 3.25 2.75 to 1.0 January April 1, 2011 through December 312010 - June 30, 2011 2010 2.50 to 1.0 July 1, 2010 and thereafter 2.25 to 1.0 January 1, 2012 and thereafter 2.00 to 1.0

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as at the end last day of any Test Period ending during any period set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio Closing Date through September July 1, 2006—December 31, 2006 6.50 to 1.0 January 1, 2007—June 30, 2007 6.75 to 1.0 July 1, 2007—December 31, 2007 6.50 to 1.0 October January 1, 2007 through June 302008—December 31, 2008 6.25 to 1.0 July January 1, 2008 through September 30, 2008 6.00 to 1.0 October 1, 2008 through 2009—December 31, 2008 5.50 2009 6.00 to 1.0 January 1, 2009 through December 312010—June 30, 2009 4.00 2011 6.00 to 1.0 January July 1, 2010 through December 31, 2010 3.25 to 1.0 January 1, 2011 through 2011—December 31, 2011 2.25 5.75 to 1.0 January 1, 2012 and thereafter 2.00 5.50 to 1.0

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as at of the end last day of any Test Period ending during any period set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio Closing Date through - March 31, 2007 4.00 to 1.0 April 1, 2007 - June 30, 2007 3.75 to 1.0 July 1, 2007 - September 30, 2007 6.50 3.40 to 1.0 October 1, 2007 through June 30- March 31, 2008 6.25 3.00 to 1.0 July April 1, 2008 through - September 30, 2008 6.00 2.50 to 1.0 October 1, 2008 through December 31- June 30, 2008 5.50 2009 2.00 to 1.0 January July 1, 2009 through - December 31, 2009 4.00 1.25 to 1.0 January 1, 2010 through December 31, 2010 3.25 to 1.0 January 1, 2011 through December 31, 2011 2.25 to 1.0 January 1, 2012 and thereafter 2.00 1.00 to 1.0

Maximum Total Leverage Ratio. Permit The Borrower will not permit the Total Leverage Ratio, determined as at of the end last day of any each Test Period ending during any period set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio Closing Date through September 301, 2006 - June 26, 2007 6.50 to 1.0 October 1, 2007 through June 30, 2008 6.25 to 1.0 July 1June 27, 2008 through September 302007 - December 25, 2008 2007 6.00 to 1.0 October 1December 26, 2007 - June 24, 2008 through 5.75 to 1.0 June 25, 2008 - December 3130, 2008 5.50 to 1.0 January 1, 2009 through December 31, 2008 - December 29, 2009 5.25 to 1.0 December 30, 2009 - December 28,2010 4.75 to 1.0 December 29, 2010 - December 27, 2011 4.25 to 1.0 December 28, 2011 and thereafter 4.00 to 1.0 January 1, 2010 through December 31, 2010 3.25 to 1.0 January 1, 2011 through December 31, 2011 2.25 to 1.0 January 1, 2012 and thereafter 2.00 to 1.0

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as at of the end last day of any Test Period ending during any period on or about the dates set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio Closing Date through in such table: June 30, 2012 6.25 to 1.0 September 30, 2007 6.50 2012 6.25 to 1.0 October 1December 31, 2007 through 2012 6.25 to 1.0 March 31, 2013 5.75 to 1.0 June 30, 2008 6.25 2013 5.75 to 1.0 July 1, 2008 through September 30, 2008 6.00 2013 5.75 to 1.0 October 1, 2008 through December 31, 2008 5.50 2013 5.75 to 1.0 January 1March 31, 2009 through 2014 5.25 to 1.0 June 30, 2014 5.25 to 1.0 September 30, 2014 5.25 to 1.0 December 31, 2009 2014 5.25 to 1.0 March 31, 2015 and thereafter 4.00 to 1.0 January 1, 2010 through December 31, 2010 3.25 to 1.0 January 1, 2011 through December 31, 2011 2.25 to 1.0 January 1, 2012 and thereafter 2.00 to 1.0

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as at the end last day of any Test Period ending during any period set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio Closing Date through September July 1, 2006 - December 31, 2006 6.50 to 1.0 January 1, 2007 - June 30, 2007 6.75 to 1.0 July 1, 2007 - December 31, 2007 6.50 to 1.0 October 1, 2007 through June 30, 2008 6.25 to 1.0 July January 1, 2008 through September 30, 2008 6.00 to 1.0 October 1, 2008 through - December 31, 2008 5.50 6.25 to 1.0 January 1, 2009 through - December 31, 2009 4.00 6.00 to 1.0 January 1, 2010 through December 31- June 30, 2010 3.25 2011 6.00 to 1.0 January July 1, 2011 through - December 31, 2011 2.25 5.75 to 1.0 January 1, 2012 and thereafter 2.00 5.50 to 1.0