Common use of Minimum Consolidated EBITDA Clause in Contracts

Minimum Consolidated EBITDA. The Borrower will not permit Consolidated EBITDA for any fiscal quarter set forth below to be less than the amount set forth below opposite such fiscal quarter: Period Amount April 1, 2002 to and including June 30, 2002 - $27,000,000 July 1, 2002 to and including September 30, 2002 $0 October 1, 2002 to and including December 31, 2002 $9,000,000 January 1, 2003 to and including March 31, 2003 $45,000,000

Minimum Consolidated EBITDA. The Borrower will shall not permit Consolidated EBITDA for any period of four consecutive fiscal quarters ending with any fiscal quarter set forth referred to below to be less than the amount set forth below opposite with respect to such fiscal quarter: Period Amount April 1, 2002 to and including June 30, 2002 - Third Quarter of Fiscal Year 2006 $27,000,000 July 1, 2002 to and including September 30, 2002 625,000,000 Fourth Quarter of Fiscal Year 2006 $0 October 1, 2002 to and including December 31, 2002 490,000,000 First Quarter of Fiscal Year 2007 $9,000,000 January 1, 2003 to and including March 31, 2003 $45,000,000550,000,000”

Minimum Consolidated EBITDA. The Borrower will not permit Consolidated EBITDA for any fiscal four-fiscal-quarter period ending during any period set forth below to be less than the amount set forth below opposite such fiscal quarterperiod: Period Amount April 1, 2002 to and including ------ ------ June 30, 2002 - 1998 through August 1998 $27,000,000 July 1, 2002 to and including September 30, 29,000,000 December 1998 through March 2000 $30,000,000 June 2000 through August 2000 $31,000,000 December 2000 through August 2001 $33,000,000 December 2001 through August 2002 $0 October 1, 35,000,000 December 2002 to and including December 31, 2002 $9,000,000 January 1, 2003 to and including March 31, through August 2003 $37,000,000 December 2003 through June 2004 $41,000,000 August 2004 through Maturity Date $45,000,000

Minimum Consolidated EBITDA. The Borrower will not permit shall generate Consolidated EBITDA for any fiscal quarter in an amount greater than or equal to the amounts set forth on the chart below to be less than as of the amount end of the applicable period of four consecutive fiscal quarters as set forth below opposite such fiscal quarterbelow: Period Amount April 1March 31, 2002 to and including 2007 $40,000,000 June 30, 2002 - 2007 $27,000,000 July 1, 2002 to and including 45,000,000 September 30, 2002 2007 $0 October 1, 2002 to and including 50,000,000 December 31, 2002 2007 $9,000,000 January 1, 2003 to and including 60,000,000 March 31, 2003 2008 $45,000,00065,000,000 June 30, 2008 and thereafter $70,000,000 " SECTION 10. Section 6.19

Minimum Consolidated EBITDA. The Borrower will Company shall not permit Consolidated EBITDA for (i) the three Fiscal Quarter period ended January 31, 2003 to be less than $12,000,000 and (ii) the four Fiscal Quarter period ended on any fiscal quarter of the dates set forth below to be less than the correlative amount set forth below opposite such fiscal quarterindicated: Period Amount April 1, 2002 to and including June 30, 2002 - $27,000,000 2003 $ 16,000,000 July 1, 2002 to and including September 30, 2002 $0 October 1, 2002 to and including December 31, 2002 $9,000,000 January 1, 2003 to and including March 31, 2003 $45,000,000$ 17,000,000 October 31, 2003 $ 18,000,000 January 31, 2004 $ 21,000,000 April 30, 2004 $ 23,000,000 July 31, 2004 and thereafter $ 25,000,000

Minimum Consolidated EBITDA. The Borrower will not permit Consolidated EBITDA for any fiscal quarter the four Fiscal Quarters ending on the dates set forth below to be less than the dollar amount set forth below opposite such fiscal quarterdates: Period Amount April 1, 2002 to and including June 30, 2002 - $27,000,000 July 1, 2002 to and including September 30, 2002 $0 October 1, 2002 to and including December 31, 2002 $9,000,000 January 1, 2003 to and including March 31, 2003 $45,000,00006/30/14 $ 8,350,000 09/30/14 $ 8,350,000 12/31/14 $ 8,600,000 03/31/15 $ 9,450,000 06/30/15 $ 9,450,000

Minimum Consolidated EBITDA. The Borrower will not permit the Consolidated EBITDA for any four consecutive fiscal quarters of the Borrower ended with any fiscal quarter set forth below to be less than the amount set forth below opposite such fiscal quarterquarter end below: Period Amount April 1, 2002 to and including June 30, 2002 - 2020 $27,000,000 July 1, 2002 to and including 100,000,000 September 30, 2002 2020 $0 October 1, 2002 to and including 45,000,000 December 31, 2002 2020 $9,000,000 January 1, 2003 to and including 45,000,000 March 31, 2003 2021 $45,000,00070,000,000

Minimum Consolidated EBITDA. The Borrower will not permit --------------------------- Consolidated EBITDA for any fiscal quarter of the Borrower set forth below to be less than the respective amount set forth below opposite such fiscal quarterquarter below: Period Fiscal Quarter Ending Amount --------------------- ------ April 1, 2002 to and including June 30, 2002 - 1999 $27,000,000 11,000,000 July 131, 2002 to and including September 1999 $12,000,000 October 31, 1999 $14,000,000 January 31, 2000 $16,600,000 April 30, 2002 2000 $0 October 1, 2002 to and including December 18,600,000 July 31, 2002 2000 $9,000,000 January 1, 2003 to and including March 31, 2003 $45,000,00020,600,000

Minimum Consolidated EBITDA. The Borrower will not permit at any time Consolidated EBITDA for any EBITDA, determined as of the end of each of its fiscal quarter quarters set forth below for the applicable measurement period set forth below ending with the end of such fiscal quarter to be less than the applicable amount set forth below opposite such fiscal quarterbelow: Period Amount April 1, 2002 to and including June 30, 2002 - $27,000,000 July 1, 2002 to and including September 30, 2002 $0 October 1, 2002 to and including December 31, 2002 $9,000,000 January 1, 2003 to and including March 31, 2003 4 fiscal quarters $23,000,000 June 30, 2003 4 fiscal quarters $23,000,000 September 30, 2003 4 fiscal quarters $25,000,000 December 31, 2003 4 fiscal quarters $35,000,000 March 31, 2004 and each fiscal quarter thereafter 4 fiscal quarters $45,000,000

Minimum Consolidated EBITDA. The Neither the Borrower nor the Parent will not permit the Consolidated EBITDA for as of the last day of any fiscal quarter Fiscal Quarter set forth below to be less than the amount set forth below opposite such fiscal quarterFiscal Quarter: Period Amount April 1Consolidated EBITDA March 31, 2002 to and including 2000 ($5,400,000) June 30, 2002 - 2000 ($27,000,000 July 1, 2002 to and including 5,700,000) September 30, 2002 2000 ($0 October 19,500,000) December 31, 2002 to and including 2000 ($11,800,000) March 31, 2001 ($10,300,000) June 30, 2001 ($6,500,000) September 30, 2001 ($4,400,000) December 31, 2001 $1,000,000 March 31, 2002 $9,000,000 January 1, 2003 to and including March 31, 2003 $45,000,0007,000,000

Minimum Consolidated EBITDA. The Borrower will not permit Consolidated EBITDA for any fiscal quarter set forth below to be less than the amount set forth below as of the last day of the fiscal quarter set forth opposite such fiscal quarteramount: Period Amount April 1March 31, 2001 $18,800,000 June 30, 2001 $21,000,000 September 30, 2001 $23,000,000 December 31, 2001 $29,700,000 March 31, 2002 to and including $30,000,000 June 30, 2002 - $27,000,000 July 1, 2002 to and including 31,000,000 September 30, 2002 $0 October 1, 2002 to and including 33,000,000 December 31, 2002 $9,000,000 January 1, 2003 to and including 33,000,000 March 31, 2003 $45,000,00033,000,000 June 30, 2003 $33,000,000".

Minimum Consolidated EBITDA. The Borrower will not permit Consolidated EBITDA for any fiscal quarter period set forth below to be less than the amount set forth below opposite such fiscal quarterperiod: Period Amount April 1, 2002 to and including June 30, 2002 1/1/01 - $27,000,000 July 1, 2002 to and including September 30, 2002 $0 October 1, 2002 to and including December 31, 2002 $9,000,000 January 1, 2003 to and including March 31, 2003 $45,000,0006/30/01 $ 3,000,000 1/1/01 - 9/30/01 $ 22,000,000

Minimum Consolidated EBITDA. The Borrower will not permit Consolidated EBITDA for any fiscal quarter the four Fiscal Quarters ending on the dates set forth below to be less than the dollar amount set forth below opposite such fiscal quarterdates: Period Amount April 1, 2002 to and including June 30, 2002 - $27,000,000 July 1, 2002 to and including September 30, 2002 $0 October 1, 2002 to and including December 31, 2002 $09/30/15 $ 9,000,000 January 1, 2003 to and including March 31, 2003 $45,000,00012/31/15 $ 9,500,000 03/31/16 $ 9,500,000 06/30/16 $ 9,500,000

Minimum Consolidated EBITDA. The Borrower will not permit Consolidated EBITDA for any fiscal quarter set forth below to be less than the amount set forth below as of the last day of the fiscal quarter set forth opposite such fiscal quarteramount: Period Amount April 1June 30, 2000 $28,000,000 September 30, 2000 $28,000,000 December 31, 2000 $28,000,000 March 31, 2001 $28,000,000 June 30, 2001 $28,000,000 September 30, 2001 $30,000,000 December 31, 2001 $30,000,000 March 31, 2002 to and including $30,000,000 June 30, 2002 - $27,000,000 July 1, 2002 to and including 30,000,000 September 30, 2002 $0 October 1, 2002 to and including 32,000,000 December 31, 2002 $9,000,000 January 1, 2003 to and including 32,000,000 March 31, 2003 $45,000,00032,000,000 June 30, 2003 $32,000,000

Minimum Consolidated EBITDA. The Borrower will not permit Consolidated EBITDA (i) for any the fiscal quarter set forth below ending March 31, 1998, to be less than $11,300,000, (ii) for the amount set forth below opposite such two fiscal quarter: Period Amount April 1, 2002 to and including quarters ending June 30, 2002 - 1998 (taken as one accounting period), to be less than $27,000,000 July 128,000,000, 2002 to and including (iii) for the three fiscal quarters ending September 30, 2002 1998 (taken as one accounting period), to be less than $0 October 148,000,000, 2002 to and including (iv) for the fiscal year ending December 31, 2002 1998, to be less than $9,000,000 January 1, 2003 to 72,000,000 and including (v) for any Test Period ending on or after March 31, 2003 1999, to be less than $45,000,00075,000,000.

Minimum Consolidated EBITDA. The Borrower will not permit Consolidated EBITDA for any fiscal quarter period set forth below to be less than the amount set forth below opposite such fiscal quarterperiod: Period Amount April 1------ ------------ Fiscal Quarter Ending March 31, 2002 to and including 2001 $-21,000,000 Fiscal Quarter Ending June 30, 2002 - $27,000,000 July 1, 2002 to and including 2001 0 Fiscal Quarter Ending September 30, 2002 $0 October 1, 2002 to and including 2001 5,000,000 Fiscal Quarter Ending December 31, 2002 $9,000,000 January 1, 2003 2001 7,500,000" (o) Section 6.17 of the Credit Agreement is hereby amended to and including March 31, 2003 $45,000,000read in its entirety as follows:

Minimum Consolidated EBITDA. The Borrower will not permit Consolidated EBITDA for any fiscal quarter set forth below to be less than the amount set forth below opposite such fiscal quarter: Period Amount ------ ------ April 1, 2002 to and including June 30, 2002 - $27,000,000 July 1, 2002 to and including September 30, 2002 $$ 0 October 1, 2002 to and including December 31, 2002 $$ 9,000,000 January 1, 2003 to and including March 31, 2003 $45,000,000

Minimum Consolidated EBITDA. The Borrower will not permit Consolidated EBITDA for any fiscal quarter period set forth below to be less than the amount set forth below opposite such fiscal quarterperiod: Period Amount April 1------ ------ June 30, 2001 to and including March 29, $ 0.0 2002 June 30, 2001 to and including June 3028, 2002 - $27,000,000 July 1$ 35,000,000 September 29, 2002 2001 to and including 80,000,000 September 3027, 2002 $0 October January 1, 2002 to and including December $120,000,000 31, 2002 March 29, 2002 to and including March 28, $9,000,000 140,000,000 2003 June 29, 2002 to and including June 27, $160,000,000 2003 September 28, 2002 to and including $180,000,000 September 26, 2003 January 1, 2003 to and including March December $200,000,000 31, 2003 $45,000,0002003