Common use of Minimum Consolidated Adjusted EBITDA Clause in Contracts

Minimum Consolidated Adjusted EBITDA. Permit the Consolidated Adjusted EBITDA for each fiscal quarter of the Parent ending on the last day of each fiscal quarter set forth below to be less than the corresponding amount set forth below: Fiscal Quarter Ending Minimum Consolidated Adjusted EBITDA December 31, 2013 $ (3,000,000 ) March 31, 2014 $ (6,000,000 ) June 30, 2014 $ (2,750,000 ) September 30, 2014 $ (2,250,000 ) December 31, 2014 $ (2,750,000 ) March 31, 2015 $ (3,250,000 ) June 30, 2015 $ (1,000,000 ) September 30, 2015 $ (250,000 ) December 31, 2015 $ (150,000 ) March 31, 2016 and each fiscal quarter ending thereafter $ (750,000 )

Minimum Consolidated Adjusted EBITDA. Permit the Consolidated Adjusted EBITDA for each fiscal quarter six month period of the Parent ending on the last day of each fiscal quarter set forth below to be less than the corresponding amount set forth below: Fiscal Quarter Ending Minimum Consolidated Adjusted EBITDA December 31, 2013 $ (3,000,000 ) March 31, 2014 $ (6,000,000 ) June 30, 2014 $ (2,750,000 ) September 30, 2014 $ (2,250,000 ) December 31, 2014 $ (2,750,000 ) March 31, 2015 $ (3,250,000 ) June 30, 2015 $ (1,000,000 ) September 30, 2015 $ (250,000 $500,000) December 31, 2015 $ (150,000 ) March 31, 2016 and each fiscal quarter ending thereafter $ (750,000 $2,000,000)

Minimum Consolidated Adjusted EBITDA. Permit the Consolidated Adjusted EBITDA for each fiscal quarter of the Parent ending on the last day of each fiscal quarter set forth below to be less than the corresponding amount set forth below: Fiscal Quarter Ending Minimum Consolidated Adjusted EBITDA December March 31, 2013 ($ (3,000,000 ) March 31, 2014 $ (6,000,000 5,000,000 ) June 30, 2014 2013 ($ (2,750,000 ) September 30, 2014 2013 ($ (2,250,000 2,750,000 ) December 31, 2014 $ (2,750,000 ) March 31, 2015 $ (3,250,000 ) June 30, 2015 $ (1,000,000 ) September 30, 2015 $ (250,000 ) December 31, 2015 $ (150,000 ) March 31, 2016 2013 and each fiscal quarter ending thereafter ($ (750,000 1,250,000 )

Minimum Consolidated Adjusted EBITDA. Permit the Consolidated Adjusted EBITDA for each fiscal quarter of the Parent ending on the last day of each fiscal quarter set forth below to be less than the corresponding amount set forth below: Fiscal Quarter Ending Minimum Consolidated Adjusted EBITDA March 31, 2012 ($ 2,500,000 ) June 30, 2012 ($ 3,900,000 ) September 30, 2012 ($ 3,600,000 ) December 31, 2012 ($ 3,100,000 ) March 31, 2013 ($ 1,500,000 ) June 30, 2013 ($ 1,200,000 ) September 30, 2013 ($ 400,000 ) December 31, 2013 $ (3,000,000 ) March 31, 2014 $ (6,000,000 ) June 30, 2014 $ (2,750,000 ) September 30, 2014 $ (2,250,000 ) December 31, 2014 $ (2,750,000 ) March 31, 2015 $ (3,250,000 ) June 30, 2015 $ (1,000,000 ) September 30, 2015 $ (250,000 ) December 31, 2015 $ (150,000 ) March 31, 2016 and each fiscal quarter ending thereafter $ (750,000 )400,000

Minimum Consolidated Adjusted EBITDA. Permit the Consolidated Adjusted EBITDA for each period of four consecutive fiscal quarter quarters of the Parent ending on the last day of each fiscal quarter set forth below to be less than the corresponding amount set forth below: Four Fiscal Quarter Quarters Ending Minimum Consolidated Adjusted EBITDA Closing Date through September 30, 2008 $ 12,000,000 December 31, 2013 $ (3,000,000 ) March 31, 2014 $ (6,000,000 ) June 30, 2014 $ (2,750,000 ) 2008 through September 30, 2014 2009 $ (2,250,000 ) 13,000,000 December 31, 2014 $ (2,750,000 ) March 31, 2015 $ (3,250,000 ) June 30, 2015 $ (1,000,000 ) 2009 through September 30, 2015 2010 $ (250,000 ) 14,000,000 December 31, 2015 $ (150,000 ) March 31, 2016 2010 and each fiscal quarter ending thereafter $ (750,000 )15,000,000

Minimum Consolidated Adjusted EBITDA. Permit the Consolidated Adjusted EBITDA for each fiscal quarter six month period of the Parent ending on the last day of each fiscal quarter set forth below to be less than the corresponding amount set forth below: Fiscal Quarter Ending Minimum Consolidated Adjusted EBITDA December 31, 2013 $ (3,000,000 ) March 31, 2014 $ (6,000,000 ) June 30, 2014 $ (2,750,000 ) September 30, 2014 $ (2,250,000 ) December 31, 2014 $ (2,750,000 ) $3,300,000 March 31, 2015 $ (3,250,000 ) $3,800,000 June 30, 2015 $ (1,000,000 ) $2,200,000 September 30, 2015 $ (250,000 ) $2,300,000 December 31, 2015 $ (150,000 ) March 31, 2016 and each fiscal quarter ending thereafter $ (750,000 )$1,800,000

Minimum Consolidated Adjusted EBITDA. Permit the Consolidated Adjusted EBITDA for each fiscal quarter of the Parent ending on the last day of each fiscal quarter set forth below to be less than the corresponding amount set forth below: Fiscal Quarter Ending Minimum Consolidated Adjusted EBITDA March 31, 2011 through September 30, 2011 $400,000 December 31, 2013 $ (3,000,000 ) 2011 $750,000 March 31, 2014 $ (6,000,000 ) 2012 through June 30, 2014 $ (2,750,000 ) 2012 $1,000,000 September 30, 2014 $ (2,250,000 ) 2012 through December 31, 2014 $ (2,750,000 ) 2012 $1,500,000 March 31, 2015 $ (3,250,000 ) June 30, 2015 $ (1,000,000 ) September 30, 2015 $ (250,000 ) December 31, 2015 $ (150,000 ) March 31, 2016 2013 and each fiscal quarter ending thereafter $ (750,000 )$2,000,000

Minimum Consolidated Adjusted EBITDA. Permit the Consolidated Adjusted EBITDA for each period of four consecutive fiscal quarter quarters of the Parent ending on the last day of each fiscal quarter set forth below to be less than the corresponding amount set forth below: Four Fiscal Quarter Quarters Ending Minimum Consolidated Adjusted EBITDA Closing Date through September 30, 2008 $12,000,000 December 31, 2013 $ (3,000,000 ) 2008 through June 30, 2009 $13,000,000 September 30, 2009 through December 31, 2009 $9,000,000 March 31, 2014 $ (6,000,000 ) June 30, 2014 $ (2,750,000 ) September 30, 2014 $ (2,250,000 ) December 31, 2014 $ (2,750,000 ) March 31, 2015 $ (3,250,000 ) June 30, 2015 $ (1,000,000 ) September 30, 2015 $ (250,000 ) December 31, 2015 $ (150,000 ) March 31, 2016 2010 and each fiscal quarter ending thereafter $ (750,000 )$8,000,000