Common use of Minimum Consolidated Adjusted EBITDA Clause in Contracts

Minimum Consolidated Adjusted EBITDA. Subsection 7.6C of the Credit Agreement is hereby amended by deleting the table contained therein in its entirety and substituting the following therefor: MINIMUM CONSOLIDATED "PERIOD ADJUSTED EBITDA -------------------------- ------------------------- 3rd Fiscal Quarter, 1995 $30,500,000 4th Fiscal Quarter, 1995 $31,000,000 1st Fiscal Quarter, 1996 $31,000,000 2nd Fiscal Quarter, 1996 $31,000,000 3rd Fiscal Quarter, 1996 $29,000,000 4th Fiscal Quarter, 1996 $27,750,000 1st Fiscal Quarter, 1997 $26,000,000 2nd Fiscal Quarter, 1997 $29,000,000 3rd Fiscal Quarter, 1997 $29,750,000 4th Fiscal Quarter, 1997 $32,250,000 1st Fiscal Quarter, 1998 $32,500,000 2nd Fiscal Quarter, 1998 $35,000,000 3rd Fiscal Quarter, 1998 $35,000,000 4th Fiscal Quarter, 1998 $36,000,000 1st Fiscal Quarter, 1999 $37,250,000 2nd Fiscal Quarter, 1999 $38,500,000 3rd Fiscal Quarter, 1999 $38,500,000 4th Fiscal Quarter, 1999 $38,500,000 1st Fiscal Quarter, 2000 $39,000,000 2nd Fiscal Quarter, 2000 $39,000,000 3rd Fiscal Quarter, 2000 $39,000,000 4th Fiscal Quarter, 2000 and each Fiscal Quarter thereafter $39,000,000"

Minimum Consolidated Adjusted EBITDA. Subsection 7.6C Company shall not permit Consolidated Adjusted EBITDA for any four-Fiscal Quarter period ending as of the Credit Agreement is hereby amended by deleting last day of any Fiscal Quarter occurring during any of the table contained therein in its entirety and substituting periods set forth below to be less than the following thereforcorrelative amount indicated: MINIMUM CONSOLIDATED "PERIOD ADJUSTED EBITDA -------------------------- ------------------------- 3rd Fiscal Quarter, 1995 $30,500,000 4th Fiscal Quarter, 1995 $31,000,000 1st Fiscal Quarter, 1996 $31,000,000 2nd Fiscal Quarter, 1996 $31,000,000 3rd Fiscal Quarter, 1996 $29,000,000 4th Fiscal Quarter, 1996 $27,750,000 1st Fiscal Quarter, 1997 $26,000,000 2nd Fiscal Quarter, 1997 $29,000,000 3rd Fiscal Quarter, 1997 $29,750,000 4th Fiscal Quarter, 1997 $32,250,000 1st Fiscal Quarter, 1998 $32,500,000 67,500,000 2nd Fiscal Quarter, 1998 $35,000,000 68,000,000 3rd Fiscal Quarter, 1998 $35,000,000 72,000,000 4th Fiscal Quarter, 1998 $36,000,000 73,500,000 1st Fiscal Quarter, 1999 $37,250,000 74,000,000 2nd Fiscal Quarter, 1999 $38,500,000 75,000,000 3rd Fiscal Quarter, 1999 $38,500,000 75,000,000 4th Fiscal Quarter, 1999 $38,500,000 75,000,000 1st Fiscal Quarter, 2000 $39,000,000 80,000,000 2nd Fiscal Quarter, 2000 $39,000,000 80,000,000 3rd Fiscal Quarter, 2000 $39,000,000 80,000,000 4th Fiscal Quarter, 2000 and each $80,000,000 134 MINIMUM CONSOLIDATED PERIOD ADJUSTED EBITDA 1st Fiscal Quarter thereafter Quarter, 2001 $39,000,000"80,000,000 2nd Fiscal Quarter, 2001 $80,000,000 3rd Fiscal Quarter, 2001 $80,000,000 4th Fiscal Quarter, 2001 $80,000,000 1st Fiscal Quarter, 2002 $80,000,000 2nd Fiscal Quarter, 2002 $80,000,000 3rd Fiscal Quarter, 2002 $80,000,000 4th Fiscal Quarter, 2002 $80,000,000 1st Fiscal Quarter, 2003 $80,000,000 2nd Fiscal Quarter, 2003 $80,000,000

Minimum Consolidated Adjusted EBITDA. Subsection 7.6C of the Credit Agreement is hereby amended by deleting the table contained therein in its entirety and substituting the following therefor: MINIMUM CONSOLIDATED Minimum Consolidated "PERIOD ADJUSTED Period Adjusted EBITDA -------------------------- ------------------------- ------------------------ -------------------- 3rd Fiscal Quarter, 1995 $30,500,000 4th Fiscal Quarter, 1995 $31,000,000 1st Fiscal Quarter, 1996 $31,000,000 2nd Fiscal Quarter, 1996 $31,000,000 3rd Fiscal Quarter, 1996 $29,000,000 4th Fiscal Quarter, 1996 $27,750,000 29,000,000 1st Fiscal Quarter, 1997 $26,000,000 29,500,000 2nd Fiscal Quarter, 1997 $29,000,000 32,000,000 3rd Fiscal Quarter, 1997 $29,750,000 32,000,000 4th Fiscal Quarter, 1997 $32,250,000 1st Fiscal Quarter, 1998 $32,500,000 2nd Fiscal Quarter, 1998 $35,000,000 3rd Fiscal Quarter, 1998 $35,000,000 4th Fiscal Quarter, 1998 $36,000,000 1st Fiscal Quarter, 1999 $37,250,000 2nd Fiscal Quarter, 1999 $38,500,000 3rd Fiscal Quarter, 1999 $38,500,000 4th Fiscal Quarter, 1999 $38,500,000 1st Fiscal Quarter, 2000 $39,000,000 2nd Fiscal Quarter, 2000 $39,000,000 3rd Fiscal Quarter, 2000 $39,000,000 4th Fiscal Quarter, 2000 and each Fiscal Quarter thereafter $39,000,000"

Minimum Consolidated Adjusted EBITDA. Subsection 7.6C Company shall not permit Consolidated Adjusted EBITDA (a) for the Fiscal Quarter ending September 28, 1996, to be less than $51,900,000, (b) for the two-Fiscal Quarter period ending December 28, 1996 to be less than $114,600,000, (c) for the three-Fiscal Quarter period ending April 5, 1997, to be less than $177,700,000, and (d) thereafter, for any consecutive four-Fiscal Quarter period ending as of the Credit Agreement is hereby amended by deleting last day of any Fiscal Quarter set forth below to be less than the table contained therein in its entirety and substituting the following thereforcorrelative amount indicated: MINIMUM CONSOLIDATED "PERIOD ADJUSTED EBITDA -------------------------- ------------------------- 3rd -------------------------------------------- -------------------- Second Fiscal Quarter, 1995 $30,500,000 4th Fiscal Quarter, 1995 $31,000,000 1st Fiscal Quarter, 1996 $31,000,000 2nd Fiscal Quarter, 1996 $31,000,000 3rd Fiscal Quarter, 1996 $29,000,000 4th Fiscal Quarter, 1996 $27,750,000 1st Fiscal Quarter, Quarter 1997 $26,000,000 2nd Fiscal Quarter, 1997 $29,000,000 3rd Fiscal Quarter, 1997 $29,750,000 4th Fiscal Quarter, 1997 $32,250,000 1st Fiscal Quarter, 1998 $32,500,000 2nd Fiscal Quarter, 1998 $35,000,000 3rd Fiscal Quarter, 1998 $35,000,000 4th Fiscal Quarter, 1998 $36,000,000 1st Fiscal Quarter, 1999 $37,250,000 2nd Fiscal Quarter, 1999 $38,500,000 3rd Fiscal Quarter, 1999 $38,500,000 4th Fiscal Quarter, 1999 $38,500,000 1st Fiscal Quarter, 2000 $39,000,000 2nd Fiscal Quarter, 2000 $39,000,000 3rd Fiscal Quarter, 2000 $39,000,000 4th Fiscal Quarter, 2000 and each 246,400,000 Third Fiscal Quarter thereafter $39,000,000"1997 257,500,000 Fourth Fiscal Quarter 1997 262,800,000 First Fiscal Quarter 1998 267,500,000 Second Fiscal Quarter 1998 275,000,000 Third Fiscal Quarter 1998 279,700,000 Fourth Fiscal Quarter 1998 283,600,000 First Fiscal Quarter 1999 286,200,000 Second Fiscal Quarter 1999 288,800,000 Third Fiscal Quarter 1999 291,700,000 Fourth Fiscal Quarter 1999 294,600,000 First Fiscal Quarter 2000 297,700,000 Second Fiscal Quarter 2000 300,600,000 Third Fiscal Quarter 2000 303,500,000 Fourth Fiscal Quarter 2000 304,500,000 First Fiscal Quarter 2001 305,500,000 Second Fiscal Quarter 2001 305,900,000 Third Fiscal Quarter 2001 308,400,000 Fourth Fiscal Quarter 2001 311,500,000 152 160 First Fiscal Quarter 2002 313,700,000 Second Fiscal Quarter 2002 316,700,000 Third Fiscal Quarter 2002 320,600,000 Fourth Fiscal Quarter 2002 324,000,000 First Fiscal Quarter 2003 327,000,000 Second Fiscal Quarter 2003 330,100,000 Third Fiscal Quarter 2003 333,200,000 Fourth Fiscal Quarter 2003 336,300,000 First Fiscal Quarter 2004 340,200,000 Second Fiscal Quarter 2004 343,800,000 Third Fiscal Quarter 2004 347,400,000 Fourth Fiscal Quarter 2004 351,200,000 First Fiscal Quarter 2005 354,000,000 Second Fiscal Quarter 2005 356,500,000 Third Fiscal Quarter 2005 359,000,000