Common use of Minimum Adjusted EBITDA Clause in Contracts

Minimum Adjusted EBITDA. The Borrowers shall not permit, with respect to the fiscal quarter ending June 30, 2001 and for each fiscal quarter thereafter, Adjusted EBITDA for the immediately preceding four (4) fiscal quarter period to be less than the amount specified below for such period: Quarters Endings Minimum Adjusted EBITDA ---------------- ----------------------- June 30, 2001 $4,500,000 September 30, 2001 $4,800,000 December 31, 2001 $4,400,000 March 31, 2002 $7,000,000

Minimum Adjusted EBITDA. The Borrowers shall not permit, with respect to As of the fiscal quarter ending June 30, 2001 and for last day of each fiscal quarter thereafterof the Borrower set forth below, the Borrower shall have earned Adjusted EBITDA for the immediately preceding most recent four (4) fiscal quarter period to be quarters of the Borrower then ended in an amount not less than the amount specified below for such periodfollowing: Quarters Endings Minimum Adjusted MINIMUM ADJUSTED EBITDA ---------------- ----------------------- FISCAL QUARTER ENDING: SHALL NOT BE LESS THAN June 30, 2001 2004 $4,500,000 30,000,000 September 30, 2001 2004 $4,800,000 December 31, 2001 35,000,000 each fiscal quarter ending thereafter $4,400,000 March 31, 2002 $7,000,00040,000,000

Minimum Adjusted EBITDA. The Borrowers shall not permit, with respect to the fiscal quarter ending June 30, 2001 and for At each fiscal quarter thereafterquarter-end set forth below, an Adjusted EBITDA for in excess of the immediately preceding four (4) Minimum Adjusted EB1TDA set forth adjacent to such fiscal quarter period to be less than the amount specified below for such periodquarter-end: Quarters Endings Fiscal Quarter-End Minimum Adjusted EBITDA ---------------- ------------------ ----------------------- June 30, 2001 2000 $4,500,000 1,760,000 September 30, 2001 2000 $4,800,000 1,501,000 December 31, 2000 $1,494,000 From and after March 31, 2001 $4,400,000 March 31, 2002 $7,000,0001,791,000

Minimum Adjusted EBITDA. The Borrowers shall not permit, with respect to Maintain as of the end of the fiscal quarter ending June 30, 2001 and for each fiscal quarter thereafter, of the Borrower minimum Consolidated Adjusted EBITDA for the immediately preceding four (4) fiscal quarter period to be of not less than the dollar amount specified set forth below for such periodfiscal quarter: Quarters Endings Minimum Adjusted EBITDA ---------------- ----------------------- June 30FISCAL QUARTER ENDING AMOUNT February 18, 2001 $4,500,000 September 3034,000,000 May 13, 2001 $4,800,000 December 3134,000,000 August 5, 2001 $4,400,000 March 3134,000,000 October 28, 2001 $32,500,000 February 17, 2002 $7,000,00032,500,000 (n) Section 5.04(c) is hereby amended in full to read as follows:

Minimum Adjusted EBITDA. The Borrowers shall not permitNot suffer or permit the Adjusted EBITDA for Borrower and its Subsidiaries, for the 12 month period ending on the last day of any fiscal quarter, commencing with respect to the fiscal quarter ending June 30March 31, 2001 and for each fiscal quarter thereafter2019, Adjusted EBITDA for the immediately preceding four (4) fiscal quarter period to be less than the amount specified set forth in the table below for opposite such period: Quarters Endings Minimum Adjusted EBITDA ---------------- ----------------------- date. March 31, 2019 $4,000,000 June 30, 2001 2019 $4,500,000 4,000,000 September 30, 2001 2019 $4,800,000 7,000,000 December 31, 2001 2019 $4,400,000 March 31, 2002 $7,000,0008,000,000

Minimum Adjusted EBITDA. The Borrowers shall not permit, with respect to As of the fiscal quarter ending June 30, 2001 and for last day of each fiscal quarter thereafterof the Borrower occurring during one of the periods below, the Borrower shall maintain Adjusted EBITDA for the immediately preceding four (4) fiscal quarter period to be at not less than the amount specified below for such periodset forth below: Quarters Endings Minimum Adjusted ADJUSTED EBITDA ---------------- ----------------------- June 30, 2001 SHALL NOT BE LESS THAN FROM AND INCLUDING TO AND INCLUDING the date hereof 6/30/2000 $4,500,000 September 30, 2001 65,000,000 7/1/2000 6/30/2003 $4,800,000 December 31, 2001 $4,400,000 March 31, 2002 $7,000,00070,000,000

Minimum Adjusted EBITDA. The Borrowers shall not permit, with respect to Maintain as of the end of the fiscal quarter ending June 30, 2001 and for each fiscal quarter thereafter, of the Borrower minimum Consolidated Adjusted EBITDA for the immediately preceding four (4) fiscal quarter period to be of not less than the dollar amount specified set forth below for such periodfiscal quarter: Quarters Endings Minimum Adjusted EBITDA ---------------- ----------------------- June 30FISCAL QUARTER ENDING AMOUNT --------------------------------------- February 18, 2001 $4,500,000 September 3034,000,000 May 13, 2001 $4,800,000 December 3134,000,000 August 5, 2001 $4,400,000 March 3134,000,000 October 28, 2002 2001 $7,000,00035,000,000