Minimum Adjusted EBITDA Clause Samples

Minimum Adjusted EBITDA. During any calendar quarter during which the sum of Borrower’s unrestricted cash and Cash Equivalents at Bank falls below the Testing Threshold at any time during such calendar quarter (each, a “Testing Quarter”), Borrower shall achieve, on a consolidated basis with respect to Borrower and its Subsidiaries, Adjusted EBITDA tested on the last day of such Testing Quarter, of not less than the amounts set forth in the chart below for the corresponding measuring period: The required minimum Adjusted EBITDA covenant levels for the measuring periods ending after December 31, 2021, shall be set by Bank based on Borrower’s projections delivered to Bank in accordance with Section 6.3(f) hereof and acceptable to Bank. The new covenant levels shall be documented in an amendment to this Agreement to be entered into on or prior to March 15, 2022. ▇▇▇▇▇▇▇▇’s failure to enter into such amendment to this Agreement to reset such covenant levels on or prior to March 15, 2022 shall be an immediate and non-curable Event of Default hereunder.”

Minimum Adjusted EBITDA. Borrowers’ and their Subsidiaries’ Adjusted EBITDA, measured on a month-end basis, for the [__] month period ending _________, 201__ is $___________, which [does/does not] satisfy the minimum Adjusted EBITDA requirement set forth in Section 8 of the Credit Agreement (and copied below) for the corresponding period.

Minimum Adjusted EBITDA. The Parent shall not permit its Adjusted EBITDA to be less than the following: (i) for the Fiscal Quarter ending June 30, 2013, $2,500,000 measured as of the last day of the trailing three (3) month period; (ii) for the Fiscal Quarter ending September 30, 2013, $5,000,000 measured as of the last day of the trailing six (6) month period; (iii) for the Fiscal Quarter ending December 31, 2013, $7,500,000 measured as of the last day of the trailing nine (9) month period; and (iv) for the Fiscal Quarter ending March 31, 2014, and for each Fiscal Quarter thereafter, $10,000,000, measured as of the last day of the trailing twelve (12) month period.

Minimum Adjusted EBITDA. The Parent and its Subsidiaries, on a consolidated basis, will be required to maintain a minimum Adjusted EBITDA which will be measured quarterly on a rolling four quarter basis as follows: January 1, 2011 through December 31, 2011 $57 million January 1, 2012 through December 31, 2012 $68 million January 1, 2013 through Maturity Date $75 million

Minimum Adjusted EBITDA. Maintain as of the end of the fiscal quarter of the Borrower minimum Consolidated Adjusted EBITDA of not less than the dollar amount set forth below for such fiscal quarter: FISCAL QUARTER ENDING AMOUNT --------------------------------------- February 18, 2001 $34,000,000 May 13, 2001 $34,000,000 August 5, 2001 $34,000,000 October 28, 2001 $35,000,000

Minimum Adjusted EBITDA. Permit Adjusted EBITDA as of the end of any fiscal quarter to be less than the amount set forth below opposite such fiscal quarter calculated quarterly on a trailing four (4) quarter basis (except as otherwise provided in the definition of Adjusted EBITDA): January 31, 2014 and eachApril 30, 2014, July 31,October 31 and January 31thereafter; $5,000,000 provided, however, that this Section 5.3 shall not be applicable with respect to the fiscal quarter ended October 31, 2013.

Minimum Adjusted EBITDA. Adjusted EBITDA, measured on each fiscal quarter-end basis, for the then most recently completed thirteen Fiscal Month period, of at least $20,000,000.”

Minimum Adjusted EBITDA. Achieve Adjusted EBITDA, measured on a month-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: {Z0030334/1 }

Minimum Adjusted EBITDA. The Company shall not permit Adjusted EBITDA as of the end of any fiscal period set forth below to be less than the respective amount set forth below: Fiscal Period(s) ending on or about Amount ----------------------------------- ------ three months ended 3/31/02 $ 20,000,000 four months ended 4/30/02 $ 25,000,000 five months ended 5/31/02 $ 35,000,000 six months ended 6/30/02 $ 50,000,000 seven months ended 7/31/02 $ 60,000,000 eight months ended 8/31/02 $ 65,000,000 nine months ended 9/30/02 $ 80,000,000 ten months ended 10/31/02 $ 90,000,000 eleven months ended 11/30/02 $ 95,000,000 twelve months ended 12/31/02 $100,000,000 twelve months ended 1/31/03 $100,000,000 twelve months ended 2/28/03 $100,000,000 twelve months ended 3/31/03 $100,000,000 twelve months ended 4/30/03 $ 95,000,000 twelve months ended 5/31/03 $ 95,000,000 twelve months ended 6/30/03 $ 95,000,000 twelve months ended 7/31/03 $ 90,000,000 twelve months ended 8/31/03 $ 90,000,000 twelve months ended 9/30/03 $ 80,000,000 twelve months ended 10/31/03 $ 80,000,000 twelve months ended 11/30/03 $ 80,000,000 twelve months ended 12/31/03 $ 80,000,000 twelve months ended 1/31/04 $ 75,000,000 twelve months ended 2/29/04 $ 75,000,000 twelve months ended 3/31/04 $ 70,000,000 twelve months ended 4/30/04 $ 70,000,000 twelve months ended 5/31/04 $ 65,000,000 twelve months ended 6/30/04 $ 60,000,000 and the twelve month period $ 60,000,000 ended on the last day of each month thereafter 1.18 Amendment to Paragraph 6K. Paragraph 6K is amended and restated to read as follows: