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 set forth 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 7.00 to 1.0 October 31, 2007 7.00 to 1.0 January 31, 2008 7.00 to 1.0 April 30, 2008 7.00 to 1.0 July 31, 2008 6.75 to 1.0 October 31, 2008 6.50 to 1.0 January 31, 2009 6.00 to 1.0 April 30, 2009 6.00 to 1.0 July 31, 2009 5.75 to 1.0 October 31, 2009 5.50 to 1.0 January 31, 2010 5.25 to 1.0 April 30, 2010 5.25 to 1.0 July 31, 2010 4.75 to 1.0 October 31, 2010 4.50 to 1.0 January 31, 2011 4.25 to 1.0 April 30, 2011 4.25 to 1.0 July 31, 2011 4.00 to 1.0 October 31, 2011 3.75 to 1.0 January 31, 2012 3.50 to 1.0 April 30, 2012 3.50 to 1.0 July 31, 2012 3.50 to 1.0 October 31, 2012 3.50 to 1.0 January 31, 2013 3.50 to 1.0 April 30, 2013 3.50 to 1.0 Thereafter 3.50 to 1.0

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as of the last day of at any Test Period 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 Total Leverage Ratio July 31Closing Date - June 30, 2007 7.00 6.50 to 1.0 October 31July 1, 2007 7.00 - September 29, 2007 6.40 to 1.0 January 31September 30, 2007 - March 29, 2008 7.00 6.30 to 1.0 March 30, 2008 - June 28, 2008 6.20 to 1.0 June 29, 2008 - September 27, 2008 6.00 to 1.0 September 28, 2008 - April 4, 2009 5.85 to 1.0 April 30, 2008 7.00 to 1.0 July 31, 2008 6.75 to 1.0 October 31, 2008 6.50 to 1.0 January 315, 2009 6.00 to 1.0 April 30, 2009 6.00 to 1.0 - July 314, 2009 5.75 to 1.0 July 5, 2009 - October 313, 2009 5.50 to 1.0 January 31October 4, 2009 - April 3, 2010 5.25 to 1.0 April 304, 2010 5.25 - July 3, 2010 5.00 to 1.0 July 314, 2010 and thereafter 4.75 to 1.0 October 31, 2010 4.50 to 1.0 January 31, 2011 4.25 to 1.0 April 30, 2011 4.25 to 1.0 July 31, 2011 4.00 to 1.0 October 31, 2011 3.75 to 1.0 January 31, 2012 3.50 to 1.0 April 30, 2012 3.50 to 1.0 July 31, 2012 3.50 to 1.0 October 31, 2012 3.50 to 1.0 January 31, 2013 3.50 to 1.0 April 30, 2013 3.50 to 1.0 Thereafter 3.50 to 1.0

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as of the 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 Total Leverage Ratio July 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, 2006 - December 30, 2006 4.50 to 1.0 March 31, 2007 7.00 to 1.0 October 31, 2007 7.00 to 1.0 January 31, 2008 7.00 to 1.0 April 30, 2008 7.00 to 1.0 July 31, 2008 6.75 to 1.0 October 31, 2008 6.50 to 1.0 January 31, 2009 6.00 to 1.0 April 30, 2009 6.00 to 1.0 July 31, 2009 5.75 to 1.0 October 31, 2009 5.50 to 1.0 January 31, 2010 5.25 to 1.0 April 30, 2010 5.25 to 1.0 July 31, 2010 4.75 to 1.0 October 31, 2010 4.50 to 1.0 January 31, 2011 4.25 to 1.0 April June 30, 2011 4.25 to 1.0 July 312007 - September 29, 2011 2007 4.00 to 1.0 October 31December 29, 2011 2007 - March 29, 2008 3.75 to 1.0 January 31June 28, 2012 2008 3.50 to 1.0 April 30September 27, 2012 3.50 2008 - December 27, 2008 3.25 to 1.0 July 31March 28, 2012 3.50 to 1.0 October 31, 2012 3.50 to 1.0 January 31, 2013 3.50 to 1.0 April 30, 2013 3.50 to 1.0 Thereafter 3.50 2009 and thereafter 3.00 to 1.0

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as of at the last day of each fiscal quarter during any Test Period period set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Total 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 4.700 to 1.0 January 1, 2007 - September 30, 2007 4.500 to 1.0 October 1, 2007 - December 31, 2007 7.00 to 1.0 October 31, 2007 7.00 4.250 to 1.0 January 1, 2008 - December 31, 2008 7.00 to 1.0 April 30, 2008 7.00 to 1.0 July 31, 2008 6.75 to 1.0 October 31, 2008 6.50 3.200 to 1.0 January 311, 2009 6.00 to 1.0 April 30, 2009 6.00 to 1.0 July 31, 2009 5.75 to 1.0 October 31, 2009 5.50 to 1.0 January 31, 2010 5.25 to 1.0 April 30, 2010 5.25 to 1.0 July 31, 2010 4.75 to 1.0 October 31, 2010 4.50 to 1.0 January 31, 2011 4.25 to 1.0 April 30, 2011 4.25 to 1.0 July 31, 2011 4.00 to 1.0 October 31, 2011 3.75 to 1.0 January 31, 2012 3.50 to 1.0 April 30, 2012 3.50 to 1.0 July 31, 2012 3.50 to 1.0 October 31, 2012 3.50 to 1.0 January 31, 2013 3.50 to 1.0 April 30, 2013 3.50 to 1.0 Thereafter 3.50 and thereafter 2.625 to 1.0

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as of at the last day end of any Test Period three-month period set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Total Leverage Ratio July January 1, 2007 - 3.00 to 1.0 March 31, 2007 7.00 April 1, 2007 - 3.00 to 1.0 June 30, 2007 July 1, 2007 - 3.00 to 1.0 September 30, 2007 October 1, 2007 - 2.75 to 1.0 December 31, 2007 7.00 January 1, 2008 - 2.50 to 1.0 January March 31, 2008 7.00 April 1, 2008 - 2.50 to 1.0 April June 30, 2008 7.00 July 1, 2008 - 2.25 to 1.0 July September 30, 2008 October 1, 2008 - 2.25 to 1.0 December 31, 2008 6.75 to 1.0 October 31, 2008 6.50 to 1.0 January 311, 2009 6.00 to 1.0 April 30, 2009 6.00 to 1.0 July 31, 2009 5.75 to 1.0 October 31, 2009 5.50 to 1.0 January 31, 2010 5.25 to 1.0 April 30, 2010 5.25 to 1.0 July 31, 2010 4.75 to 1.0 October 31, 2010 4.50 to 1.0 January 31, 2011 4.25 to 1.0 April 30, 2011 4.25 to 1.0 July 31, 2011 4.00 to 1.0 October 31, 2011 3.75 to 1.0 January 31, 2012 3.50 to 1.0 April 30, 2012 3.50 to 1.0 July 31, 2012 3.50 to 1.0 October 31, 2012 3.50 to 1.0 January 31, 2013 3.50 to 1.0 April 30, 2013 3.50 to 1.0 Thereafter 3.50 and thereafter 2.00 to 1.0

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as of the last day of at any Test Period 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 Total Leverage Ratio July TEST PERIOD LEVERAGE RATIO ----------- -------------- Closing Date - March 31, 2007 7.00 2005 6.35 to 1.0 April 1, 2005 - September 30, 2005 6.25 to 1.0 October 1, 2005 - December 31, 2007 7.00 2005 6.10 to 1.0 January 311, 2008 7.00 to 1.0 April 2006 - June 30, 2008 7.00 to 1.0 July 31, 2008 6.75 to 1.0 October 31, 2008 6.50 to 1.0 January 31, 2009 6.00 to 1.0 April 30, 2009 2006 6.00 to 1.0 July 311, 2009 5.75 2006 - September 30, 2006 5.90 to 1.0 October 1, 2007 - March 31, 2009 2007 5.65 to 1.0 April 1, 2007 - June 30, 2007 5.50 to 1.0 January 31July 1, 2010 2007 - September 30, 2007 5.25 to 1.0 April October 1, 2007 - June 30, 2010 5.25 2008 5.00 to 1.0 July 311, 2010 2008 - September 30, 2008 4.75 to 1.0 October 1, 2008 - March 31, 2010 2009 4.50 to 1.0 January 31April 1, 2011 2009 - September 30, 2009 4.25 to 1.0 April 30October 1, 2011 4.25 to 1.0 July 31, 2011 2009 and thereafter 4.00 to 1.0 October 31, 2011 3.75 to 1.0 January 31, 2012 3.50 to 1.0 April 30, 2012 3.50 to 1.0 July 31, 2012 3.50 to 1.0 October 31, 2012 3.50 to 1.0 January 31, 2013 3.50 to 1.0 April 30, 2013 3.50 to 1.0 Thereafter 3.50 to 1.0

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as of the last day of any Test Period set forth 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 311, 2007 7.00 2008 - September 30, 2008 4.50 to 1.0 October 31, 2007 7.00 to 1.0 January 311, 2008 7.00 to 1.0 April 30, 2008 7.00 to 1.0 July 31, 2008 6.75 to 1.0 October 31, 2008 6.50 to 1.0 January - March 31, 2009 6.00 to 1.0 April 30, 2009 6.00 to 1.0 July 31, 2009 5.75 to 1.0 October 31, 2009 5.50 to 1.0 January 31, 2010 5.25 to 1.0 April 30, 2010 5.25 to 1.0 July 31, 2010 4.75 to 1.0 October 31, 2010 4.50 to 1.0 January 31, 2011 4.25 to 1.0 April 1, 2009 - June 30, 2011 4.25 2009 3.75 to 1.0 July 311, 2011 4.00 to 1.0 October 31, 2011 3.75 to 1.0 January 31, 2012 3.50 to 1.0 April 2009 - September 30, 2012 3.50 to 1.0 July 31, 2012 2009 3.50 to 1.0 October 1, 2009 - December 31, 2012 3.50 2009 3.25 to 1.0 January 1, 2010 - March 31, 2013 3.50 2010 2.75 to 1.0 April 1, 2010 - June 30, 2013 3.50 2010 2.50 to 1.0 Thereafter 3.50 July 1, 2010 and thereafter 2.25 to 1.0

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as of at the last day of any Test Period during any period set forth in the table below, to exceed the ratio set forth opposite such period in the table below: Test Period Total Leverage Ratio July 1, 2006—December 31, 2007 7.00 to 1.0 October 31, 2007 7.00 to 1.0 January 31, 2008 7.00 to 1.0 April 30, 2008 7.00 to 1.0 July 31, 2008 6.75 to 1.0 October 31, 2008 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 January 1, 2008—December 31, 2008 6.25 to 1.0 January 1, 2009—December 31, 2009 6.00 to 1.0 April January 1, 2010—June 30, 2009 2011 6.00 to 1.0 July 1, 2011—December 31, 2009 2011 5.75 to 1.0 October 31January 1, 2009 2012 and thereafter 5.50 to 1.0 January 31, 2010 5.25 to 1.0 April 30, 2010 5.25 to 1.0 July 31, 2010 4.75 to 1.0 October 31, 2010 4.50 to 1.0 January 31, 2011 4.25 to 1.0 April 30, 2011 4.25 to 1.0 July 31, 2011 4.00 to 1.0 October 31, 2011 3.75 to 1.0 January 31, 2012 3.50 to 1.0 April 30, 2012 3.50 to 1.0 July 31, 2012 3.50 to 1.0 October 31, 2012 3.50 to 1.0 January 31, 2013 3.50 to 1.0 April 30, 2013 3.50 to 1.0 Thereafter 3.50 to 1.0

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as of measured on the last day of any Test Period dates set forth in the table belowbelow for the twelve-month period ending on such measurement date, to exceed the ratio set forth opposite such period in the table below: Test Period Total Leverage Ratio July March 31, 2006 6.25 to 1.00 June 30, 2006 6.25 to 1.00 September 30, 2006 6.25 to 1.00 December 31, 2006 6.25 to 1.00 March 31, 2007 7.00 6.00 to 1.0 October 1.00 June 30, 2007 6.00 to 1.00 September 30, 2007 6.00 to 1.00 December 31, 2007 7.00 5.75 to 1.0 January 1.00 March 31, 2008 7.00 5.75 to 1.0 April 1.00 June 30, 2008 7.00 5.50 to 1.0 July 1.00 September 30, 2008 5.50 to 1.00 December 31, 2008 6.75 5.50 to 1.0 October 31, 2008 6.50 to 1.0 January 1.00 March 31, 2009 6.00 5.25 to 1.0 April 1.00 June 30, 2009 6.00 5.25 to 1.0 July 1.00 September 30, 2009 5.25 to 1.00 December 31, 2009 5.75 5.25 to 1.0 October 31, 2009 5.50 to 1.0 January 1.00 March 31, 2010 5.25 and thereafter 5.00 to 1.0 April 30, 2010 5.25 to 1.0 July 31, 2010 4.75 to 1.0 October 31, 2010 4.50 to 1.0 January 31, 2011 4.25 to 1.0 April 30, 2011 4.25 to 1.0 July 31, 2011 4.00 to 1.0 October 31, 2011 3.75 to 1.0 January 31, 2012 3.50 to 1.0 April 30, 2012 3.50 to 1.0 July 31, 2012 3.50 to 1.0 October 31, 2012 3.50 to 1.0 January 31, 2013 3.50 to 1.0 April 30, 2013 3.50 to 1.0 Thereafter 3.50 to 1.01.00 116

Maximum Total Leverage Ratio. Permit the Total Leverage Ratio, as of measured on the last day of any Test Period dates set forth in the table belowbelow for the twelve-month period ending on such measurement date, to exceed the ratio set forth opposite such period in the table below: Test Period Total Leverage Ratio July March 31, 2006 6.25 to 1.00 June 30, 2006 6.25 to 1.00 108 Test Period Leverage Ratio September 30, 2006 6.25 to 1.00 December 31, 2006 6.25 to 1.00 March 31, 2007 7.00 6.00 to 1.0 October 1.00 June 30, 2007 6.00 to 1.00 September 30, 2007 6.00 to 1.00 December 31, 2007 7.00 5.75 to 1.0 January 1.00 March 31, 2008 7.00 5.75 to 1.0 April 1.00 June 30, 2008 7.00 5.50 to 1.0 July 1.00 September 30, 2008 5.50 to 1.00 December 31, 2008 6.75 5.50 to 1.0 October 31, 2008 6.50 to 1.0 January 1.00 March 31, 2009 6.00 5.25 to 1.0 April 1.00 June 30, 2009 6.00 5.25 to 1.0 July 1.00 September 30, 2009 5.25 to 1.00 December 31, 2009 5.75 5.25 to 1.0 October 31, 2009 5.50 to 1.0 January 1.00 March 31, 2010 5.25 and thereafter 5.00 to 1.0 April 30, 2010 5.25 to 1.0 July 31, 2010 4.75 to 1.0 October 31, 2010 4.50 to 1.0 January 31, 2011 4.25 to 1.0 April 30, 2011 4.25 to 1.0 July 31, 2011 4.00 to 1.0 October 31, 2011 3.75 to 1.0 January 31, 2012 3.50 to 1.0 April 30, 2012 3.50 to 1.0 July 31, 2012 3.50 to 1.0 October 31, 2012 3.50 to 1.0 January 31, 2013 3.50 to 1.0 April 30, 2013 3.50 to 1.0 Thereafter 3.50 to 1.01.00