Common use of Minimum Adjusted EBITDA Clause in Contracts

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. Maintain as Not suffer or permit the Adjusted EBITDA for Borrower and its Subsidiaries, for the three-month period ending on the last day of the end of any fiscal quarter, commencing with the fiscal quarter of the Borrower minimum Consolidated Adjusted EBITDA of not ending September 30, 2020, to be less than the dollar amount set forth in the table below for opposite such fiscal quarter: FISCAL QUARTER ENDING AMOUNT --------------------------------------- February 18date.” September 30, 2001 $34,000,000 May 132020 $ -4,000,000 December 31, 2001 $34,000,000 August 52020 $ 0 March 31, 2001 $34,000,000 October 28, 2001 $35,000,0002021 $ 0

Minimum Adjusted EBITDA. Maintain as of the end of The Borrowers shall not permit, with respect to the fiscal quarter of the Borrower minimum Consolidated ending June 30, 2001 and for each fiscal quarter thereafter, Adjusted EBITDA of not for the immediately preceding four (4) fiscal quarter period to be less than the dollar amount set forth specified below for such fiscal quarterperiod: FISCAL QUARTER ENDING AMOUNT --------------------------------------- February 18Quarters Endings Minimum Adjusted EBITDA ---------------- ----------------------- June 30, 2001 $34,000,000 May 134,500,000 September 30, 2001 $34,000,000 August 54,800,000 December 31, 2001 $34,000,000 October 284,400,000 March 31, 2001 2002 $35,000,0007,000,000

Minimum Adjusted EBITDA. Maintain as Not suffer or permit the Adjusted EBITDA for Borrower and its Subsidiaries, for the 12 month period ending on the last day of the end of any fiscal quarter, commencing with the fiscal quarter of the Borrower minimum Consolidated Adjusted EBITDA of not ending March 31, 2019, to be less than the dollar amount set forth in the table below for opposite such fiscal quarter: FISCAL QUARTER ENDING AMOUNT --------------------------------------- February 18date. March 31, 2001 2019 $34,000,000 May 134,000,000 June 30, 2001 2019 $34,000,000 August 54,000,000 September 30, 2001 2019 $34,000,000 October 287,000,000 December 31, 2001 2019 $35,000,0008,000,000

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 $35,000,00032,500,000 February 17, 2002 $32,500,000 (n) Section 5.04(c) is hereby amended in full to read as follows: