Common use of Minimum Adjusted EBITDA Clause in Contracts

Minimum Adjusted EBITDA. Permit Adjusted EBITDA, as of the last day of the fiscal periods set forth below, to be less than the amount set forth opposite such fiscal period: Commencing January 1, 2005 and ending March 31, 2005 $ 400,000 Commencing January 1, 2005 and ending June 30, 2005 $ 900,000 ”. 11. Section 6.17

Minimum Adjusted EBITDA. Permit Not permit Adjusted EBITDA, as of the last day of the fiscal periods set forth below, EBITDA to be less than (a) $13,000,000 for the amount set forth opposite such fiscal period: Commencing Fiscal Quarter ending July 3, 2005; (b) $28,000,000 for the period of two consecutive Fiscal Quarters ending October 2, 2005; (c) $45,000,000 for the period of three consecutive Fiscal Quarters ending January 1, 2005 and 2006; (d) $64,000,000 for the Computation Period ending March 31April 2, 2005 $ 400,000 Commencing January 1, 2005 and 2006; or (d) $70,000,000 for any Computation Period ending June 30, 2005 $ 900,000 ”thereafter. 11. Section 6.17

Minimum Adjusted EBITDA. Permit Adjusted EBITDA, as of the last day of the fiscal periods set forth below, to be less than the amount set forth opposite such fiscal period: Commencing January 1, 2005 and ending March 31June 30, 2005 ($ 400,000 3,500,000 ) Commencing January 1, 2005 and ending June September 30, 2005 ($ 900,000 3,500,000 ) Commencing January 1, 2005 and ending December 31, 2005 ($ 2,500,000 ) Commencing January 1, 2005 and ending March 31, 2006 ($ 1,500,000 )”. 116. Section 6.177.1(a)

Minimum Adjusted EBITDA. Permit Adjusted EBITDA, as of the last day of the fiscal periods set forth below, to be less than the amount set forth opposite such fiscal periodperiod during: Commencing Fiscal Period Minimum Amount January 1, 2005 and ending March 312007, 2005 $ 400,000 Commencing January 1, 2005 and ending through June 30, 2005 2007 $ 900,000 ”. 11. Section 6.17500,000 July 1, 2007, through December 31, 2007 $ 1,000,000 For each Fiscal Quarter thereafter $ 750,000