Common use of Minimum Consolidated Fixed Charge Coverage Ratio Clause in Contracts

Minimum Consolidated Fixed Charge Coverage Ratio. The Borrower shall not have, on the last day of each Fiscal Quarter set forth below, beginning with the Fiscal Quarter ending October 31, 2011, a Consolidated Fixed Charge Coverage Ratio for the four Fiscal Quarter period ending on such day less than the ratio set forth below: Fiscal Quarter Ending Ratio October 31, 2011 1.0 to 1.0 January 28, 2012 1.1 to 1.0 April 30, 2012 1.1 to 1.0 July 31, 2012 1.1 to 1.0 October 31, 2012 1.1 to 1.0 February 2, 2013 1.3 to 1.0 April 30, 2013 and thereafter 2.0 to 1.0

Minimum Consolidated Fixed Charge Coverage Ratio. The Borrower shall not have, on As of the last day of each Fiscal Quarter set forth below, beginning with permit the Fiscal Quarter ending October 31, 2011, a Consolidated Fixed Charge Coverage Ratio for the four (4) Fiscal Quarter period ending on such day to be less than the minimum ratio set forth belowopposite such Fiscal Quarter: Fiscal Quarter Ending Ratio October MINIMUM CONSOLIDATED FIXED CHARGE COVERAGE FISCAL QUARTER ENDING RATIO June 30, 2009 4.00 to 1 September 30, 2009 3.40 to 1 December 31, 2011 1.0 2009 3.10 to 1.0 January 281 March 31, 2012 1.1 2010 3.20 to 1.0 April 1 June 30, 2012 1.1 2010 3.30 to 1.0 July 31, 2012 1.1 to 1.0 October 31, 2012 1.1 to 1.0 February 2, 2013 1.3 to 1.0 April 1 September 30, 2013 and thereafter 2.0 2010 3.60 to 1.01

Minimum Consolidated Fixed Charge Coverage Ratio. The Borrower Borrowers shall not havepermit, on measured as of the last day end of each Fiscal Quarter set forth below, Measurement Period after the First Amendment Effective Date beginning with the Fiscal Quarter ending October September 30March 31, 201120242025, a the Consolidated Fixed Charge Coverage Ratio for the four Fiscal Quarter period ending on such day to be less than the ratio Consolidated Fixed Charge Coverage Ratio set forth belowbelow for the corresponding Fiscal Quarter: Fiscal Quarter Ending Consolidated Fixed Charge Coverage Ratio October September 30, 2024 1.15 to 1.00 DecemberMarch 31, 2011 1.0 20242025 and each Fiscal Quarter thereafter 1.25 to 1.0 January 28, 2012 1.1 to 1.0 April 30, 2012 1.1 to 1.0 July 31, 2012 1.1 to 1.0 October 31, 2012 1.1 to 1.0 February 2, 2013 1.3 to 1.0 April 30, 2013 and thereafter 2.0 to 1.01.00

Minimum Consolidated Fixed Charge Coverage Ratio. The Borrower shall not have, on the last day of each Fiscal Quarter set forth below, beginning with the Fiscal Quarter ending October 31, 2011, a Consolidated Fixed Charge Coverage Ratio for the four Fiscal Quarter period ending on such day less than the ratio set forth belowfollowing: Fiscal Quarter Ending Ratio October FISCAL QUARTER ENDING MINIMUM FIXED CHARGE COVERAGE RATIO March 31, 2010 through and including March 31, 2011 1.0 1.10 to 1.0 January 281 June 30, 2011 though and including March 31, 2012 1.1 1.20 to 1.0 April 1 June 30, 2012 1.1 to 1.0 July though and including March 31, 2012 1.1 2013 1.25 to 1.0 October 31, 2012 1.1 to 1.0 February 2, 2013 1.3 to 1.0 April 1 June 30, 2013 through and thereafter 2.0 including September 30, 2013 1.35 to 1.01 December 31, 2013 through and including March 31, 2014 1.50 to 1 June 30, 2014 through and including September 30, 2014 1.75 to 1

Minimum Consolidated Fixed Charge Coverage Ratio. The Borrower Company shall not have, on permit the last day of each Fiscal Quarter set forth below, beginning with the Fiscal Quarter ending October 31, 2011, a Consolidated Fixed Charge Coverage Ratio for as of the four last day of the most recently ended Fiscal Quarter period ending on such day the dates set forth below to be less than the correlative ratio set forth below: indicated for such Fiscal Quarter Ending Ratio October 31, 2011 1.0 (or period including such Fiscal Quarter): March 31 June 30 September 30 December 31 2018 N/A 0.70 to 1.0 January 28, 2012 1.1 0.70 to 1.0 April 30, 2012 1.1 1.10 to 1.0 July 31, 2012 1.1 2019 1.35 to 1.0 October 31, 2012 1.1 1.65 to 1.0 February 2, 2013 1.3 1.75 to 1.0 April 30, 2013 and thereafter 2.0 N/A (t) Section 8.07(b) of the Existing Credit Agreement is hereby amended to 1.0read as follows:

Minimum Consolidated Fixed Charge Coverage Ratio. The Borrower shall will not have, on permit the last day of each Fiscal Quarter set forth below, beginning with the Fiscal Quarter ending October 31, 2011, a Consolidated Fixed Charge Coverage Ratio for the four Fiscal Quarter period any Test Period ending on such the last day of a fiscal quarter described below to be less than the ratio amount set forth opposite such fiscal quarter below: Fiscal Quarter Ending Ended Closest to Ratio ------------------------------- ----- October 31, 2011 1.0 to 1.0 1999 1.05:1.00 January 2831, 2012 1.1 to 1.0 2000 1.05:1.00 April 30, 2012 1.1 to 1.0 2000 1.05:1.00 July 31, 2012 1.1 to 1.0 2000 1.05:1.00 October 31, 2012 1.1 to 1.0 February 22000 1.05:1.00 January 31, 2013 1.3 to 1.0 2001 1.05:1.00 April 30, 2013 and thereafter 2.0 to 1.02001 1.05:1.00 July 31, 2001 1.05:1.00 October 31, 2001 1.05:1.00

Minimum Consolidated Fixed Charge Coverage Ratio. The Borrower Loan Parties shall not have, on permit the last day of each Fiscal Quarter set forth below, beginning with the Fiscal Quarter ending October 31, 2011, a Consolidated Fixed Charge Coverage Ratio for the four Fiscal Quarter period ending on such day Ratio, to be less than the ratio set forth belowfollowing ratios during the four-quarter periods ending during the following periods: Fiscal Quarter Ending Period Ratio October December 31, 2011 1.0 to 1.0 January 282002 through March 31, 2012 1.1 2003 1.10 to 1.0 April 1, 2003 through September 30, 2012 1.1 2003 1.30 to 1.0 July 31, 2012 1.1 to 1.0 October 31, 2012 1.1 to 1.0 February 2, 2013 1.3 to 1.0 April After September 30, 2013 and thereafter 2.0 2003 1.50 to 1.0

Minimum Consolidated Fixed Charge Coverage Ratio. The Borrower shall not have, on the last day of each Fiscal Quarter set forth below, beginning Commencing with the Fiscal Quarter ending October ended March 31, 20112014, the Borrower maintain as of the end of each Fiscal Quarter, a Consolidated Fixed Charge Coverage Ratio of not less than 1.10 to 1.0, measured for the four period from the Initial Closing Date through the end of such Fiscal Quarter; and commencing with the Fiscal Quarter period ending on such day ended September 30, 2014, the Borrower shall maintain as of the end of each Fiscal Quarter, a Consolidated Fixed Charge Coverage Ratio of not less than the ratio set forth below: Fiscal Quarter Ending Ratio October 31, 2011 1.0 to 1.0 January 28, 2012 1.1 to 1.0 April 30, 2012 1.1 to 1.0 July 31, 2012 1.1 to 1.0 October 31, 2012 1.1 to 1.0 February 2, 2013 1.3 to 1.0 April 30, 2013 and thereafter 2.0 1.25 to 1.0, measured on a trailing twelve-month basis.

Minimum Consolidated Fixed Charge Coverage Ratio. The Borrower Borrowers shall not havepermit the Consolidated Fixed Charge Coverage Ratio, on as of the last day of any quarter (for the immediately preceding twelve (12) month period) set forth below, to be less than the minimum ratio set forth in the table below opposite such date: Quarter Minimum Consolidated Fixed Charge Coverage Ratio March 31, 2016 1.05 : 1.00 June 30, 2016 0.60 : 1.00 September 30, 2016 0.58 : 1.00 December 31, 2016 0.52 : 1.00 March 31, 2017 0.93 : 1.00 June 30, 2017 1.25 : 1.00 September 30, 2017, and the last day of each Fiscal Quarter set forth below, beginning with the Fiscal Quarter ending October 31, 2011, a Consolidated Fixed Charge Coverage Ratio for the four Fiscal Quarter period ending on such day less than the ratio set forth belowfiscal quarter thereafter 1.50 : Fiscal Quarter Ending Ratio October 31, 2011 1.0 to 1.0 January 28, 2012 1.1 to 1.0 April 30, 2012 1.1 to 1.0 July 31, 2012 1.1 to 1.0 October 31, 2012 1.1 to 1.0 February 2, 2013 1.3 to 1.0 April 30, 2013 and thereafter 2.0 to 1.01.00

Minimum Consolidated Fixed Charge Coverage Ratio. The Borrower shall not havemaintain, on as determined as of the last day end of each Fiscal Quarter set forth below, beginning with below for the four (4) Fiscal Quarter ending October 31, 2011Quarters then ending, a Consolidated Fixed Charge Coverage Ratio for the four of no less than that set forth below opposite such Fiscal Quarter period ending on such day less than the ratio end set forth below: Fiscal Quarter Ending Minimum Ratio October 31June, 2011 1.0 1999 1.25 to 1.0 January 28and each Fiscal Quarter thereafter through March, 2012 1.1 2003 June, 2003 1.35 to 1.0 April 30and each Fiscal Quarter thereafter through March, 2012 1.1 2004 June, 2004 1.50 to 1.0 July 31, 2012 1.1 to 1.0 October 31, 2012 1.1 to 1.0 February 2, 2013 1.3 to 1.0 April 30, 2013 and thereafter 2.0 to 1.0each Fiscal Quarter thereafter