Common use of Maximum Total Leverage Ratio Clause in Contracts

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as of the last day of any Test Period in effect during any period in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio July 31, 2007 4.50 to 1.0 October 31, 2007 4.50 to 1.0 January 31, 2008 4.25 to 1.0 April 30, 2008 4.00 to 1.0 July 31, 2008 3.75 to 1.0 October 31, 2008 3.50 to 1.0 January 31, 2009 3.50 to 1.0 Test Period Leverage Ratio April 30, 2009 3.50 to 1.0 July 31, 2009 3.50 to 1.0 October 31, 2009 3.00 to 1.0 January 31, 2010 3.00 to 1.0 April 30, 2010 3.00 to 1.0 July 31, 2010 3.00 to 1.0 October 31, 2010 2.50 to 1.0 January 31, 2011 2.50 to 1.0 April 30, 2011 2.50 to 1.0 July 31, 2011 2.50 to 1.0 October 31, 2011 2.50 to 1.0 January 31, 2012 2.50 to 1.0 April 30, 2012 2.50 to 1.0 July 31, 2012 2.50 to 1.0 October 31, 2012 2.50 to 1.0 January 31, 2013 2.50 to 1.0 April 30, 2013 and the last day of each fiscal quarter thereafter 2.50 to 1.0

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as of the last day of at any Test Period in effect 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 July Closing Date — March 31, 2007 4.50 1.85 to 1.0 1.00 April 1, 2007 — June 30, 2007 1.65 to 1.00 July 1, 2007 — September 30, 2007 1.50 to 1.00 October 1, 2007 — December 31, 2007 4.50 1.50 to 1.0 1.00 January 1, 2008 — March 31, 2008 4.25 1.20 to 1.0 1.00 April 1, 2008 — June 30, 2008 4.00 1.20 to 1.0 1.00 July 311, 2008 3.75 to 1.0 October 31— September 30, 2008 3.50 1.20 to 1.0 January 31, 2009 3.50 to 1.0 1.00 Test Period Leverage Ratio October 1, 2008 — December 31, 2008 1.20 to 1.00 January 1, 2009 — March 31, 2009 1.00 to 1.00 April 1, 2009 — June 30, 2009 3.50 1.00 to 1.0 1.00 July 1, 2009 — September 30, 2009 1.00 to 1.00 October 1, 2009 — December 31, 2009 3.50 1.00 to 1.0 October 311.00 January 1, 2009 3.00 to 1.0 January 2010 — March 31, 2010 3.00 1.00 to 1.0 1.00 April 1, 2010 — June 30, 2010 3.00 1.00 to 1.0 1.00 July 1, 2010 — September 30, 2010 1.00 to 1.00 October 1, 2010 — December 31, 2010 3.00 1.00 to 1.0 October 31, 2010 2.50 to 1.0 1.00 January 311, 2011 2.50 and thereafter 1.00 to 1.0 April 30, 2011 2.50 to 1.0 July 31, 2011 2.50 to 1.0 October 31, 2011 2.50 to 1.0 January 31, 2012 2.50 to 1.0 April 30, 2012 2.50 to 1.0 July 31, 2012 2.50 to 1.0 October 31, 2012 2.50 to 1.0 January 31, 2013 2.50 to 1.0 April 30, 2013 and the last day of each fiscal quarter thereafter 2.50 to 1.01.00

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as of at the last day of any Test Period 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 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 4.50 to 1.0 October 31, 2007 4.50 6.50 to 1.0 January 1, 2008 - December 31, 2008 4.25 6.25 to 1.0 April January 1, 2009 - December 31, 2009 6.00 to 1.0 January 1, 2010 - June 30, 2008 4.00 2011 6.00 to 1.0 July 1, 2011 - December 31, 2008 3.75 to 1.0 October 31, 2008 3.50 2011 5.75 to 1.0 January 31, 2009 3.50 to 1.0 Test Period Leverage Ratio April 30, 2009 3.50 to 1.0 July 31, 2009 3.50 to 1.0 October 31, 2009 3.00 to 1.0 January 31, 2010 3.00 to 1.0 April 30, 2010 3.00 to 1.0 July 31, 2010 3.00 to 1.0 October 31, 2010 2.50 to 1.0 January 31, 2011 2.50 to 1.0 April 30, 2011 2.50 to 1.0 July 31, 2011 2.50 to 1.0 October 31, 2011 2.50 to 1.0 January 311, 2012 2.50 to 1.0 April 30, 2012 2.50 to 1.0 July 31, 2012 2.50 to 1.0 October 31, 2012 2.50 to 1.0 January 31, 2013 2.50 to 1.0 April 30, 2013 and the last day of each fiscal quarter thereafter 2.50 5.50 to 1.0

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as of the last day of any Test Period in effect during any period in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Total Leverage Ratio July 31, 2007 4.50 to 1.0 October 31, 2007 4.50 to 1.0 January 31, 2008 4.25 to 1.0 April 30, 2008 4.00 to 1.0 July 31, 2008 3.75 to 1.0 October 31, 2008 3.50 4.10 to 1.0 January 31, 2009 3.50 4.05 to 1.0 Test Period Leverage Ratio April 30, 2009 3.50 4.00 to 1.0 July 31, 2009 3.50 3.90 to 1.0 October 31, 2009 3.00 3.70 to 1.0 January 31, 2010 3.00 3.50 to 1.0 April 30, 2010 3.00 3.35 to 1.0 July 31, 2010 3.00 3.10 to 1.0 October 31, 2010 2.50 3.10 to 1.0 January 31, 2011 2.50 2.80 to 1.0 April 30, 2011 2.50 2.65 to 1.0 July 31, 2011 2.50 to 1.0 October 31, 2011 2.50 to 1.0 January 31, 2012 2.50 to 1.0 April 30, 2012 2.50 to 1.0 July 31, 2012 2.50 to 1.0 October 31, 2012 2.50 to 1.0 7 Test Period Total Leverage Ratio January 31, 2013 2.50 to 1.0 April 30, 2013 and the last day of each fiscal quarter thereafter 2.50 to 1.0

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as of at the last day end of any Test Period in effect 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 Maximum Total Leverage Ratio July 31Closing Date through September 30, 2007 4.50 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, 2007 2008 5.50 to 1.0 January 1, 2009 through September 30, 2009 4.75 to 1.0 October 1, 2009 through December 31, 2009 4.50 to 1.0 January 1, 2010 through March 31, 2008 2010 4.25 to 1.0 April 1, 2010 through June 30, 2008 2010 4.00 to 1.0 July 311, 2008 2010 through September 30, 2010 3.75 to 1.0 October 1, 2010 through December 31, 2008 2010 3.50 to 1.0 January 1, 2011 through March 31, 2009 3.50 to 1.0 Test Period Leverage Ratio April 30, 2009 3.50 to 1.0 July 31, 2009 3.50 to 1.0 October 31, 2009 3.00 to 1.0 January 31, 2010 3.00 2011 3.25 to 1.0 April 1, 2011 through June 30, 2010 2011 3.00 to 1.0 July 311, 2010 3.00 2011 through September 30, 2011 2.75 to 1.0 October 31, 2010 2.50 to 1.0 January 311, 2011 2.50 to 1.0 April 30, 2011 2.50 to 1.0 July 31, 2011 2.50 to 1.0 October through December 31, 2011 2.50 to 1.0 January 311, 2012 2.50 to 1.0 April 30, 2012 2.50 to 1.0 July 31, 2012 2.50 to 1.0 October 31, 2012 2.50 to 1.0 January 31, 2013 2.50 to 1.0 April 30, 2013 and the last day of each fiscal quarter thereafter 2.50 2.25 to 1.0

Maximum Total Leverage Ratio. Permit At any time when the Excess Availability does not exceed $75,000,000, permit the Total Leverage Ratio, as of Ratio during the last day of any applicable Test Period 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 Ending on the Following Dates Leverage Ratio July March 31, 2006 5.05 to 1.00 June 30, 2006 5.50 to 1.00 September 30, 2006 5.10 to 1.00 December 31, 2006 4.80 to 1.00 March 31, 2007 4.75 to 1.00 June 30, 2007 4.75 to 1.00 September 30, 2007 4.50 to 1.00 December 31, 2007 4.50 to 1.0 October 1.00 March 31, 2007 2008 4.50 to 1.0 January 311.00 June 30, 2008 4.50 to 1.00 September 30, 2008 4.25 to 1.0 April 301.00 December 31, 2008 4.00 to 1.0 July 1.00 March 31, 2008 2009 4.00 to 1.00 June 30, 2009 4.00 to 1.00 September 30, 2009 3.75 to 1.0 October 31, 2008 3.50 to 1.0 January 1.00 December 31, 2009 3.50 to 1.0 Test Period Leverage Ratio April 30, 2009 3.50 to 1.0 July 31, 2009 3.50 to 1.0 October 31, 2009 3.00 to 1.0 January 1.00 March 31, 2010 3.00 3.50 to 1.0 April 1.00 June 30, 2010 3.00 3.50 to 1.0 July 1.00 September 30, 2010 3.25 to 1.00 December 31, 2010 and thereafter 3.00 to 1.0 October 31, 2010 2.50 to 1.0 January 31, 2011 2.50 to 1.0 April 30, 2011 2.50 to 1.0 July 31, 2011 2.50 to 1.0 October 31, 2011 2.50 to 1.0 January 31, 2012 2.50 to 1.0 April 30, 2012 2.50 to 1.0 July 31, 2012 2.50 to 1.0 October 31, 2012 2.50 to 1.0 January 31, 2013 2.50 to 1.0 April 30, 2013 and the last day of each fiscal quarter thereafter 2.50 to 1.01.00

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as of the last day end of any Test Period in effect ending during any period set forth in the table below, or as of any other date on which the Total Leverage Ratio is to be tested hereunder, to exceed the ratio set forth opposite such period in the table below: Test Period Leverage Ratio July Closing Date - December 31, 2007 4.50 to 1.0 October 31, 2007 4.50 to 1.0 January 31, 2008 4.25 to 1.0 April 30, 2008 4.00 to 1.0 July 31, 2008 3.75 to 1.0 October 31, 2008 3.50 to 1.0 January 31, 2009 3.50 to 1.0 Test Period Leverage Ratio April 30, 2009 3.50 to 1.0 July 31, 2009 3.50 to 1.0 October 31, 2009 2005 3.00 to 1.0 January 1, 2006 - March 31, 2010 2006 3.00 to 1.0 April 1, 2006 - June 30, 2010 3.00 2006 2.75 to 1.0 July 311, 2010 3.00 2006 - September 30, 2006 2.75 to 1.0 October 1, 2006 - December 31, 2010 2006 2.50 to 1.0 January 1, 2007 - March 31, 2011 2007 2.50 to 1.0 April 1, 2007 - June 30, 2011 2.50 2007 2.25 to 1.0 July 311, 2011 2.50 2007 - September 30, 2007 2.00 to 1.0 October 1, 2007 - December 31, 2011 2.50 2007 2.00 to 1.0 January 1, 2008 - March 31, 2012 2.50 2008 1.75 to 1.0 April 1, 2008 - June 30, 2012 2.50 2008 1.75 to 1.0 July 311, 2012 2.50 2008 - September 30, 2008 1.75 to 1.0 October 1, 2008 - December 31, 2012 2.50 2008 1.50 to 1.0 January 311, 2013 2.50 to 1.0 April 30, 2013 2009 and the last day of each fiscal quarter thereafter 2.50 1.50 to 1.0

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as of at the last day of any Test Period in effect each fiscal quarter 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 — December 31, 2005 5.100 to 1.0 January 1, 2006 — March 31, 2006 4.700 to 1.0 April 1, 2006 — June 30, 2006 4.850 to 1.0 July 1, 2006 — September 30, 2006 6.850 to 1.0 October 1, 2006 — December 31, 2006 15.000 to 1.0 January 1, 2007 — March 31, 2007 4.50 30.000 to 1.0 April 1, 2007 — June 30, 2007 25.000 to 1.0 July 1, 2007 — September 30, 2007 20.000 to 1.0 October 1, 2007 — December 31, 2007 4.50 15.000 to 1.0 January 1, 2008 — March 31, 2008 4.25 14.000 to 1.0 April 1, 2008 — June 30, 2008 4.00 14.000 to 1.0 July 1, 2008 — September 30, 2008 14.000 to 1.0 October 1, 2008 — December 31, 2008 3.75 to 1.0 October 31, 2008 3.50 13.500 to 1.0 January 311, 2009 3.50 to 1.0 Test Period Leverage Ratio April 30, 2009 3.50 to 1.0 July 31, 2009 3.50 to 1.0 October 31, 2009 3.00 to 1.0 January 31, 2010 3.00 to 1.0 April 30, 2010 3.00 to 1.0 July 31, 2010 3.00 to 1.0 October 31, 2010 2.50 to 1.0 January 31, 2011 2.50 to 1.0 April 30, 2011 2.50 to 1.0 July 31, 2011 2.50 to 1.0 October 31, 2011 2.50 to 1.0 January 31, 2012 2.50 to 1.0 April 30, 2012 2.50 to 1.0 July 31, 2012 2.50 to 1.0 October 31, 2012 2.50 to 1.0 January 31, 2013 2.50 to 1.0 April 30, 2013 and the last day of each fiscal quarter thereafter 2.50 2.625 to 1.0

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as of the last day of any fiscal quarter ending nearest to any Test Period in effect during any period End Date set forth in the table below, to exceed the ratio set forth opposite such period Test Period in the table below: Test Period End Date Total Leverage Ratio July 31, 2007 4.50 to 1.0 October 31, 2007 4.50 to 1.0 January 31, 2008 4.25 to 1.0 April September 30, 2008 4.00 to 1.0 July 31, 2008 2012 3.75 to 1.0 October December 31, 2008 2012 3.75 to 1.0 March 31, 2013 3.75 to 1.0 June 30, 2013 3.75 to 1.0 September 30, 2013 3.50 to 1.0 January December 31, 2009 2013 3.50 to 1.0 Test Period Leverage Ratio April 30March 31, 2009 2014 3.50 to 1.0 July 31June 30, 2009 2014 3.50 to 1.0 October September 30, 2014 3.25 to 1.0 December 31, 2009 2014 3.25 to 1.0 March 31, 2015 3.25 to 1.0 June 30, 2015 3.25 to 1.0 September 30, 2015 3.00 to 1.0 January December 31, 2010 2015 3.00 to 1.0 April 30March 31, 2010 2016 3.00 to 1.0 July 31June 30, 2010 2016 3.00 to 1.0 October September 30, 2016 3.00 to 1.0 December 31, 2010 2.50 2016 3.00 to 1.0 January March 31, 2011 2.50 2017 3.00 to 1.0 April June 30, 2011 2.50 2017 3.00 to 1.0 July 31, 2011 2.50 to 1.0 October 31, 2011 2.50 to 1.0 January 31, 2012 2.50 to 1.0 April September 30, 2012 2.50 to 1.0 July 31, 2012 2.50 to 1.0 October 31, 2012 2.50 to 1.0 January 31, 2013 2.50 to 1.0 April 30, 2013 and the last day of each fiscal quarter thereafter 2.50 2017 3.00 to 1.0

Maximum Total Leverage Ratio. Permit If, at any time during the relevant fiscal quarter, (i) the sum of (a) any Revolving Borrowings plus (b) the amount drawn under any Letter of Credit exceeds $1.0 million; or (ii) the aggregate amount of outstanding Letters of Credit exceeds $5.0 million, permit the Total Leverage Ratio, as of the last day of any Test Period 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 Ending Leverage Ratio July October 1, 2011 5.25 to 1.0 December 31, 2007 4.50 2011 5.25 to 1.0 October March 31, 2007 4.50 2012 5.25 to 1.0 January June 30, 2012 5.25 to 1.0 September 29, 2012 5.00 to 1.0 December 31, 2008 2012 4.75 to 1.0 March 30, 2013 4.75 to 1.0 June 29, 2013 4.75 to 1.0 September 28, 2013 4.25 to 1.0 April 30December 31, 2008 2013 4.00 to 1.0 July March 29, 2014 4.00 to 1.0 June 28, 2014 4.00 to 1.0 September 27, 2014 3.75 to 1.0 December 31, 2008 2014 3.75 to 1.0 April 4, 2015 3.75 to 1.0 July 4, 2015 3.75 to 1.0 October 314, 2008 3.50 to 1.0 January 31, 2009 3.50 to 1.0 Test Period Leverage Ratio April 30, 2009 3.50 to 1.0 July 31, 2009 3.50 to 1.0 October 31, 2009 3.00 to 1.0 January 31, 2010 3.00 to 1.0 April 30, 2010 3.00 to 1.0 July 31, 2010 3.00 to 1.0 October 31, 2010 2.50 to 1.0 January 31, 2011 2.50 to 1.0 April 30, 2011 2.50 to 1.0 July 31, 2011 2.50 to 1.0 October 31, 2011 2.50 to 1.0 January 31, 2012 2.50 to 1.0 April 30, 2012 2.50 to 1.0 July 31, 2012 2.50 to 1.0 October 31, 2012 2.50 to 1.0 January 31, 2013 2.50 to 1.0 April 30, 2013 2015 and the last day end of each fiscal quarter thereafter 2.50 3.25 to 1.0

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as of the last day of any Test Period in effect during any period in the table below, to exceed the ratio set forth opposite such period Test Period in the table below: Test Period Leverage Ratio July 31, 2007 4.50 to 1.0 October 31, 2007 4.50 to 1.0 January 31, 2008 4.25 to 1.0 April September 30, 2008 2012 4.00 to 1.0 July 31, 2008 3.75 to 1.0 October 31, 2008 3.50 to 1.0 January 31, 2009 3.50 to 1.0 Test Period Leverage Ratio April 30, 2009 3.50 to 1.0 July 31, 2009 3.50 to 1.0 October 31, 2009 3.00 to 1.0 January 31, 2010 3.00 to 1.0 April 30, 2010 3.00 to 1.0 July 31, 2010 3.00 to 1.0 October 31, 2010 2.50 to 1.0 January 31, 2011 2.50 to 1.0 April 30, 2011 2.50 to 1.0 July 31, 2011 2.50 to 1.0 October 31, 2011 2.50 to 1.0 January 1.00 December 31, 2012 2.50 3.85 to 1.0 April 30, 2012 2.50 to 1.0 July 31, 2012 2.50 to 1.0 October 31, 2012 2.50 to 1.0 January 1.00 March 31, 2013 2.50 4.20 to 1.0 April 1.00 June 30, 2013 4.20 to 1.00 September 30, 2013 4.15 to 1.00 December 31, 2013 3.95 to 1.00 March 31, 2014 3.70 to 1.00 June 30, 2014 3.50 to 1.00 September 30, 2014 3.40 to 1.00 December 31, 2014 3.30 to 1.00 March 31, 2015 3.10 to 1.00 June 30, 2015 2.95 to 1.00 September 30, 2015 2.80 to 1.00 December 31, 2015 2.65 to 1.00 March 31, 2016 2.55 to 1.00 June 30, 2016 and the last day of each fiscal quarter thereafter 2.50 2.45 to 1.01.00”

Maximum Total Leverage Ratio. Permit At any time when the Excess Availability does not exceed $70,000,000, permit the Total Leverage Ratio, as of Ratio during the last day of any applicable Test Period 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 Ending on the Following Dates Leverage Ratio July March 31, 2006 5.05 to 1.00 June 30, 2006 5.50 to 1.00 September 30, 2006 5.10 to 1.00 December 31, 2006 4.80 to 1.00 March 31, 2007 4.75 to 1.00 June 30, 2007 4.75 to 1.00 September 30, 2007 4.50 to 1.00 December 31, 2007 4.50 to 1.0 October 1.00 March 31, 2007 2008 4.50 to 1.0 January 311.00 June 30, 2008 4.50 to 1.00 September 30, 2008 4.25 to 1.0 April 301.00 December 31, 2008 4.00 to 1.0 July 1.00 March 31, 2008 2009 4.00 to 1.00 June 30, 2009 4.00 to 1.00 September 30, 2009 3.75 to 1.0 October 31, 2008 3.50 to 1.0 January 1.00 December 31, 2009 3.50 to 1.0 Test Period Leverage Ratio April 30, 2009 3.50 to 1.0 July 31, 2009 3.50 to 1.0 October 31, 2009 3.00 to 1.0 January 1.00 March 31, 2010 3.00 3.50 to 1.0 April 1.00 June 30, 2010 3.00 3.50 to 1.0 July 1.00 September 30, 2010 3.25 to 1.00 December 31, 2010 and thereafter 3.00 to 1.0 October 31, 2010 2.50 to 1.0 January 31, 2011 2.50 to 1.0 April 30, 2011 2.50 to 1.0 July 31, 2011 2.50 to 1.0 October 31, 2011 2.50 to 1.0 January 31, 2012 2.50 to 1.0 April 30, 2012 2.50 to 1.0 July 31, 2012 2.50 to 1.0 October 31, 2012 2.50 to 1.0 January 31, 2013 2.50 to 1.0 April 30, 2013 and the last day of each fiscal quarter thereafter 2.50 to 1.01.00