Common use of Minimum Consolidated Interest Coverage Ratio Clause in Contracts

Minimum Consolidated Interest Coverage Ratio. For so long as any Lender shall have any Revolving Credit Commitments or Revolving Credit Loans outstanding, permit the Consolidated Interest Coverage Ratio as of the last date of any four-fiscal quarter period of the Borrower ending on the date set forth below to be less than the ratio set forth opposite the last date of such four-fiscal quarter period below: September 30, 2007 2.50:1.00 December 31, 2007 2.50:1.00 March 31, 2008 2.50:1.00 June 30, 2008 2.50:1.00 September 30, 2008 2.50:1.00 December 31, 2008 2.50:1.00 March 31, 2009 and thereafter 2.75:1.00

Minimum Consolidated Interest Coverage Ratio. For so long as any Lender shall have any Revolving Credit Commitments or Revolving Credit Loans outstanding, The Borrower will not permit the Consolidated Interest Coverage Ratio as of the last date of for any four-fiscal quarter period of the Borrower ending on the date set forth below to be less than or equal to the ratio set forth opposite the last date of such four-fiscal quarter period below: June 30, 2005 2.00:1.00 September 30, 2005 2.00:1.00 December 31, 2005 2.00:1.00 March 31, 2006 2.00:1.00 June 30, 2006 2.00:1.00 September 30, 2006 2.00:1.00 December 31, 2006 2.25:1.00 March 31, 2007 2.25:1.00 June 30, 2007 2.25:1.00 September 30, 2007 2.50:1.00 December 31, 2007 2.50:1.00 March 31, 2008 2.50:1.00 June 30, 2008 2.50:1.00 September 30, 2008 2.50:1.00 December 31, 2008 2.50:1.00 2.75:1.00 March 31, 2009 and thereafter 2.75:1.002.75:1.00 June 30, 2009 2.75:1.00 September 30, 2009 2.75:1.00 Thereafter 3.00:1.00

Minimum Consolidated Interest Coverage Ratio. For so long as any Lender shall have any Revolving Credit Commitments or Revolving Credit Loans outstanding, Holdings and the Borrower will not permit the Consolidated Interest Coverage Ratio for any Test Period (taken as of one accounting period) ended on the last date day of any four-a fiscal quarter period of the Borrower ending on the date set forth described below to be less than the ratio amount set forth opposite the last date of such four-fiscal quarter period below: September 30Fiscal Quarter Ended Closest to the Last Day In Ratio -------------------- ----- June, 2007 2.50:1.00 December 311997 1.20:1.00 September, 2007 2.50:1.00 March 311997 1.20:1.00 December, 2008 2.50:1.00 June 301997 1.30:1.00 March, 2008 2.50:1.00 September 301998 1.35:1.00 June, 2008 2.50:1.00 December 311998 1.45:1.00 September, 2008 2.50:1.00 March 311998 1.45:1.00 December, 2009 1998 1.55:1.00 March, 1999 1.65:1.00 June, 1999 1.70:1.00 September, 1999 1.75:1.00 December, 1999 1.80:1.00 March, 2000 1.90:1.00 June, 2000 1.95:1.00 September, 2000 2.00:1.00 December, 2000 2.05:1.00 March, 2001 2.15:1.00 June, 2001 2.25:1.00 September, 2001 2.30:1.00 December, 2001 and thereafter 2.75:1.002.35:1.00

Minimum Consolidated Interest Coverage Ratio. For so long as any Lender shall have any Revolving Credit Commitments or Revolving Credit Loans outstanding, The Borrower will not permit the Consolidated Interest Coverage Ratio as of the last date of for any four-fiscal quarter period of the Borrower ending on the date set forth below to be less than the ratio set forth opposite the last date of such four-fiscal quarter period below: September 30, 2007 2.50:1.00 December 31, 2007 2018 2.50:1.00 March 31, 2008 2.50:1.00 2019June 30, 2019September 30, 2019December 31, 2019 2.50:1.002.50:1.002.50:1.002.75:1.00 March 31, 2020 2.75:1.00 June 30, 2008 2.50:1.00 September 2021September 30, 2008 2.50:1.00 December 2021December 31, 2008 2.50:1.00 2021 2.00:1.002.50:1.002.75:1.00 March 31, 2009 2022June 30, 2022 and thereafter 2.75:1.00each fiscal quarterthereafter 2.75:1.003.00:1.00

Minimum Consolidated Interest Coverage Ratio. For so long as any Lender shall have any Revolving Credit Commitments or Revolving Credit Loans outstanding, The Borrower will not permit the Consolidated Interest Coverage Ratio as of the last date of for any four-fiscal quarter period of the Borrower ending on the date set forth below to be less than or equal to the ratio set forth opposite the last date of such four-fiscal quarter period below: June 30, 2011 1.50:1.00 September 30, 2007 2011 1.575:1.00 December 31, 2011 1.625:1.00 March 31, 2012 1.750:1.00 June 30, 2012 1.875:1.00 September 30, 2012 2.00:1.00 December 31, 2012 2.00:1.00 March 31, 2013 2.25:1.00 June 30, 2013 2.25:1.00 September 30, 2013 2.50:1.00 December 31, 2007 2013, 2.50:1.00 March 31, 2008 2.50:1.00 2014 2.75:1.00 June 30, 2008 2.50:1.00 2014 2.75:1.00 September 30, 2008 2.50:1.00 2014 2.75:1.00 December 31, 2008 2.50:1.00 March 312014, 2009 3.00:1.00 and thereafter 2.75:1.00thereafter

Minimum Consolidated Interest Coverage Ratio. For so long as any Lender shall have any Revolving Credit Commitments or Revolving Credit Loans outstanding, Tenant will not permit the Consolidated Interest Coverage Ratio for any Test Period (taken as one accounting period) ended on the last day of a fiscal quarter of the last date of any four-fiscal quarter period of the Borrower ending on the date set forth Tenant described below to be less than the ratio amount set forth opposite the last date of such four-fiscal quarter period below: September 30Fiscal Quarter Ended Closest to the Last-Day In Ratio ------------------- ----- June, 2007 2.50:1.00 December 311997 1.20:1.00 September, 2007 2.50:1.00 March 311997 1.20:1.00 December, 2008 2.50:1.00 June 301997 1.30:1.00 March, 2008 2.50:1.00 September 301998 1.35:1.00 June, 2008 2.50:1.00 December 311998 1.45:1.00 September, 2008 2.50:1.00 March 311998 1.45:1.00 December, 2009 1998 1.55:1.00 March, 1999 1.65:1.00 June, 1999 1.70:1.00 September, 1999 1.75:1.00 December, 1999 1.80:1.00 March, 2000 1.90:1.00 June, 2000 1.95:1.00 September, 2000 2.00:1.00 December, 2000 2.05:1.00 March, 2001 2.15:1.00 June, 2001 2.25:1.00 September, 2001 2.30:1.00 December, 2001 and thereafter 2.75:1.002.35:1.00

Minimum Consolidated Interest Coverage Ratio. For so long as any Lender shall have any Revolving Credit Commitments or Revolving Credit Loans outstanding, permit Permit the Consolidated Interest Coverage Ratio as for any period of the last date of any four-four consecutive fiscal quarter period quarters of the Borrower and its Restricted Subsidiaries ending on the date with any fiscal quarter set forth below to be less than the ratio set forth below opposite the last date of such four-fiscal quarter period belowquarter: March 31, 2010 1.50 to 1.00 June 30, 2010 1.50 to 1.00 September 30, 2007 2.50:1.00 2010 1.50 to 1.00 December 31, 2007 2.50:1.00 2010 1.50 to 1.00 March 31, 2008 2.50:1.00 2011 1.50 to 1.00 June 30, 2008 2.50:1.00 2011 1.50 to 1.00 September 30, 2008 2.50:1.00 2011 1.50 to 1.00 December 31, 2008 2.50:1.00 2011 1.50 to 1.00 March 31, 2009 and thereafter 2.75:1.002012 1.50 to 1.00 June 30, 2012 1.60 to 1.00 September 30, 2012 1.65 to 1.00 December 31, 2012 1.75 to 1.00 March 31, 2013 1.75 to 1.00 June 30, 2013 1.90 to 1.00 September 30, 2013 2.00 to 1.00 December 31, 2013 2.00 to 1.00 March 31, 2014 2.00 to 1.00

Minimum Consolidated Interest Coverage Ratio. For so long as any Lender shall have any Revolving Credit Commitments or Revolving Credit Loans outstanding, The Borrower will not permit the Consolidated Interest Coverage Ratio as of the last date of for any four-fiscal quarter period of the Borrower ending on the date set forth below to be less than or equal to the ratio set forth opposite the last date of such four-fiscal quarter period below: June 30, 2009 September 30, 2007 2.50:1.00 2009 December 31, 2007 2.50:1.00 2009 March 31, 2008 2.50:1.00 2010 2.75:1.00 2.25:1.00 1.875:1.00 1.75:1.00 June 30, 2008 2.50:1.00 2010 September 30, 2008 2.50:1.00 2010 December 31, 2008 2.50:1.00 2010 March 31, 2009 2011 1.75:1.00 1.80:1.00 1.85:1.00 2.00:1.00 June 30, 2011 September 30, 2011 December 31, 2011 March 31, 2012 2.00:1.00 2.125:1.00 2.25:1.00 2.375:1.00 June 30, 2012 September 30, 2012 December 31, 2012 March 31, 2013 2.50:1.00 2.50:1:00 2.75:1.00 2.75:1.00 June 30, 2013, and thereafter 2.75:1.003.00:1.00 (n) Section 6.08 of the Credit Agreement is hereby deleted and replaced with the following:

Minimum Consolidated Interest Coverage Ratio. For so long as any Lender shall have any Revolving Credit Commitments or Revolving Credit Loans outstanding, The Servicer will not permit the Consolidated Interest Coverage Ratio as for any fiscal quarter of the last date of any four-fiscal quarter period of the Borrower ending on the date Servicer set forth below to be less than or equal to the ratio set forth opposite the last date of such four-fiscal quarter period below: June 30, 2011 1.50:1.00 September 30, 2007 2011 1.575:1.00 December 31, 2011 1.625:1.00 March 31, 2012 1.750:1.00 June 30, 2012 1.875:1.00 September 30, 2012 2.00:1.00 December 31, 2012 2.00:1.00 March 31, 2013 2.25:1.00 June 30, 2013 2.25:1.00 September 30, 2013 2.50:1.00 December 31, 2007 2013 2.50:1.00 March 31, 2008 2.50:1.00 2014 2.75:1.00 June 30, 2008 2.50:1.00 2014 2.75:1.00 September 30, 2008 2.50:1.00 2014 2.75:1.00 December 31, 2008 2.50:1.00 March 312014, 2009 and thereafter 2.75:1.003.00:1.00

Minimum Consolidated Interest Coverage Ratio. For so long as any Lender shall have any Revolving Credit Commitments or Revolving Credit Loans outstanding, The Borrower will not permit the Consolidated Interest Coverage Ratio as of the last date of for any four-fiscal quarter period of the Borrower ending on the date set forth below to be less than or equal to the ratio set forth opposite the last date of such four-fiscal quarter period below: June 30, 2005 2.00:1.00 September 30, 2005 2.00:1.00 December 31, 2005 2.00:1.00 March 31, 2006 2.00:1.00 June 30, 2006 2.00:1.00 September 30, 2006 2.00:1.00 December 31, 2006 2.25:1.00 March 31, 2007 2.25:1.00 June 30, 2007 2.25:1.00 September 30, 2007 2.50:1.00 2.25:1.00 December 31, 2007 2.50:1.00 March 31, 2008 2.50:1.00 June 30, 2008 2.50:1.00 September 30, 2008 2.50:1.00 December 31, 2008 2.50:1.00 2.75:1.00 March 31, 2009 and thereafter 2.75:1.002.75:1.00 June 30, 2009 2.75:1.00 September 30, 2009 2.75:1.00 Thereafter 3.00:1.00

Minimum Consolidated Interest Coverage Ratio. For so long as any Lender shall have any Revolving Credit Commitments or Revolving Credit Loans outstanding, The Borrower will not permit the Consolidated Interest Coverage Ratio as of for any Test Period ending on the last date day of any four-a fiscal quarter period of the Borrower ending on the date set forth below to be less than the ratio set forth opposite the last date of such four-fiscal quarter period below: September 30, 2007 2.50:1.00 2003 2.00:1.00 December 31, 2007 2.50:1.00 2003 1.75:1.00 March 31, 2008 2.50:1.00 2004 1.75:1.00 June 30, 2008 2.50:1.00 2004 1.75:1.00 September 30, 2008 2.50:1.00 2004 1.75:1.00 December 31, 2008 2.50:1.00 2004 1.75:1.00 March 31, 2009 2005 1.75:1.00 June 30, 2005 1.75:1.00 September 30, 2005 2.00:1.00 December 31, 2005 2.00:1.00 March 31, 2006 2.00:1.00 June 30, 2006 2.00:1.00 September 30, 2006 2.25:1.00 December 31, 2006 2.25:1.00 March 31, 2007 2.75:1.00”. 13. Sections 9.11 and thereafter 2.75:1.009.12 of the Credit Agreement are hereby deleted in their entirety and the following new Sections 9.11 and 9.12 are inserted in lieu thereof:

Minimum Consolidated Interest Coverage Ratio. For so long as any Lender shall have any Revolving Credit Commitments or Revolving Credit Loans outstanding, The Borrower will not permit the Consolidated Interest Coverage Ratio as of the last date of for any four-fiscal quarter period of the Borrower ending on the date set forth below to be less than or equal to the ratio set forth opposite the last date of such four-fiscal quarter period below: Fiscal Quarter Ending Ratio June 30, 2009 2.75:1.00 September 30, 2007 2.50:1.00 2009 2.25:1.00 December 31, 2007 2.50:1.00 2009 1.875:1.00 March 31, 2008 2.50:1.00 2010 1.875:1.00 June 30, 2008 2.50:1.00 2010 2.00:1.00 September 30, 2008 2.50:1.00 2010 2.125:1.00 December 31, 2008 2.50:1.00 2010 2.125:1.00 March 31, 2009 2011 2.125:1.00 June 30, 2011 2.25:1.00 September 30, 2011 2.30:1.00 December 31, 2011 2.40:1.00 March 31, 2012 2.625:1.00 June 30, 2012 2.75:1.00 September 30, 2012, 3.00:1:00 and thereafter 2.75:1.00thereafter (v) Section 6.08 of the Credit Agreement is hereby deleted and replaced with the following:

Minimum Consolidated Interest Coverage Ratio. For so long as any Lender shall have any Revolving Credit Commitments or Revolving Credit Loans outstanding, The Borrower will not permit the Consolidated Interest Coverage Ratio as of the last date of for any four-fiscal quarter period of the Borrower ending on the date set forth below to be less than or equal to the ratio set forth opposite the last date of such four-fiscal quarter period below: June 30, 2009 2.75:1.00 September 30, 2007 2.50:1.00 2009 2.25:1.00 December 31, 2007 2.50:1.00 2009 1.875:1.00 March 31, 2008 2010 1.75:1.00 June 30, 2010 1.75:1.00 September 30, 2010 1.80:1.00 December 31, 2010 1.50:1.00 March 31, 2011 1.50:1.00 June 30, 2011 1.50:1.00 September 30, 2011 1.575:1.00 December 31, 2011 1.70:1.00 March 31, 2012 1.80:1.00 June 30, 2012 1.90:1.00 September 30, 2012 2.10:1.00 December 31, 2012 2.25:1:00 March 31, 2013 2.50:1.00 June 30, 2008 2.50:1.00 2013 2.75:1.00 September 30, 2008 2.50:1.00 2013, 2.875:1.00 December 31, 2008 2.50:1.00 March 312013, 2009 3.00:1.00 and thereafter 2.75:1.00thereafter (h) Section 6.08 of the Credit Agreement is hereby deleted and replaced with the following: