Common use of Minimum EBITDA Clause in Contracts

Minimum EBITDA. Fail to achieve EBITDA, measured on a quarter-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: $8,278,000 For the three month period ending May 31, 2007 $11,500,000 For the six month period ending August 31, 2007 $28,745,000 For the nine month period ending November 30, 2007 $36,323,000 For the four quarter period ending February 28, 2008 $37,784,000 For the four quarter period ending May 31, 2008 $39,254,000 For the four quarter period ending August 31, 2008 $42,775,000 For the four quarter period ending November 30, 2008 $44,012,000 For the four quarter period ending February 28, 2009 $44,000,000 For the four quarter period ending each quarter thereafter

Minimum EBITDA. Fail to achieve EBITDA, measured on a fiscal quarter-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: . $8,278,000 62,500,000 For the three 12 month period ending May on March 31, 2007 2004 $11,500,000 62,500,000 For the six 12 month period ending August 31on June 30, 2007 2004 $28,745,000 62,500,000 For the nine 12 month period ending November on September 30, 2007 2004 $36,323,000 62,500,000 For the four quarter 12 month period ending February 28on December 31, 2008 2004 $37,784,000 85,000,000 For the four quarter 12 month period ending May on March 31, 2008 2005 $39,254,000 85,000,000 For the four quarter 12 month period ending August on June 30, 2005 $85,000,000 For the 12 month period ending on September 30, 2005 $85,000,000 For the 12 month period ending on December 31, 2008 2005 $42,775,000 95,000,000 For the four quarter 12 month period ending November 30on March 31, 2008 $44,012,000 For the four quarter 2006 and for each 12 month period ending February 28, 2009 $44,000,000 For on the four last day any fiscal quarter period ending each quarter of Borrower thereafter

Minimum EBITDA. Fail to achieve EBITDA, measured on a quarter-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: $8,278,000 7,450,200 For the three month period ending May 31, 2007 $11,500,000 13,884,300 For the six month period ending August 31, 2007 $28,745,000 25,870,500 For the nine month period ending November 30, 2007 $36,323,000 32,690,700 For the four quarter period ending February 28, 2008 $37,784,000 34,005,600 For the four quarter period ending May 31, 2008 $39,254,000 35,328,600 For the four quarter period ending August 31, 2008 $42,775,000 38,497,500 For the four quarter period ending November 30, 2008 $44,012,000 39,610,800 For the four quarter period ending February 28, 2009 $44,000,000 39,600,000 For the four quarter period ending each quarter thereafter

Minimum EBITDA. Fail to achieve EBITDA, measured on a quarter-month end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: $8,278,000 $ 2,900,000 For the three 3 month period ending May March 31, 2007 $11,500,000 $ 10,000,000 For the six 6 month period ending August June 30, 2007 $ 15,000,000 For the 9 month period ending September 30, 2007 $ 20,000,000 For the 12 month period ending December 31, 2007 $28,745,000 $ 20,500,000 For the nine 12 month period ending November 30, 2007 $36,323,000 For the four quarter period ending February 28, 2008 $37,784,000 For the four quarter period ending May March 31, 2008 $39,254,000 $ 21,000,000 For the four quarter 12 month period ending August June 30, 2008 $ 22,250,000 For the 12 month period ending September 30, 2008 $ 23,500,000 For the 12 month period ending December 31, 2008 $42,775,000 $ 24,750,000 For the four quarter 12 month period ending November March 31, 2009 $ 26,000,000 For the 12 month period ending June 30, 2008 $44,012,000 2009 $ 26,000,000 For the four quarter each 12 month period ending February 28, 2009 $44,000,000 For the four quarter period ending each quarter thereafter

Minimum EBITDA. Fail For the period from (i) the Forbearance Effective Date through June 30, 2009, fail to achieve EBITDA, measured on a quarter-end basis, EBITDA of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: $8,278,000 0 For the three 1 month period ending May 31, 2007 $11,500,000 For the six month period ending August 31, 2007 $28,745,000 For the nine month period ending November 30, 2007 $36,323,000 For the four quarter period ending February 28, 2008 $37,784,000 For the four quarter period ending May October 31, 2008 $39,254,000 1,014,000 For the four quarter period ending August 31, 2008 $42,775,000 For the four quarter 1 month period ending November 30, 2008 $44,012,000 925,000 For the four quarter 1 month period ending December 31, 2008 $931,000 For the 1 month period ending January 31, 2009 $901,000 For the 1 month period ending February 28, 2009 $44,000,000 872,000 For the four quarter 1 month period ending each quarter thereafterMarch 31, 2009 $845,000 For the 1 month period ending April 30, 2009 $822,000 For the 1 month period ending May 31, 2009 $797,000 For the 1 month period ending June 30, 2009

Minimum EBITDA. Fail to achieve EBITDA, measured on a quarter-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: $8,278,000 $ 1,273,000 For the three 3 month period ending May December 31, 2006 $ 2,930,000 For the 6 month period ending March 31, 2007 $11,500,000 $ 5,117,000 For the six 9 month period ending August June 30, 2007 $ 8,027,000 For the 12 month period ending September 30, 2007 $ 8,931,000 For the 12 month period ending December 31, 2007 $28,745,000 $ 9,436,000 For the nine 12 month period ending November 30, 2007 $36,323,000 For the four quarter period ending February 28, 2008 $37,784,000 For the four quarter period ending May March 31, 2008 $39,254,000 $ 9,736,000 For the four quarter 12 month period ending August 31, 2008 $42,775,000 For the four quarter period ending November June 30, 2008 $44,012,000 $ 9,606,000 For the four quarter 12 month period ending February 28September 30, 2009 $44,000,000 2008 $ 10,000,000 For the four quarter 12 month period ending each quarter thereafter

Minimum EBITDA. Fail to achieve EBITDA, measured on a quarter-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: $8,278,000 7,450,200 For the three month period ending May 31, 2007 $11,500,000 9,900,000 For the six month period ending August 31, 2007 $28,745,000 25,870,500 For the nine month period ending November 30, 2007 $36,323,000 32,690,700 For the four quarter period ending February 28, 2008 $37,784,000 34,005,600 For the four quarter period ending May 31, 2008 $39,254,000 35,328,600 For the four quarter period ending August 31, 2008 $42,775,000 38,497,500 For the four quarter period ending November 30, 2008 $44,012,000 39,610,800 For the four quarter period ending February 28, 2009 $44,000,000 39,600,000 For the four quarter period ending each quarter thereafter

Minimum EBITDA. Fail to achieve EBITDA, measured on a quartermonth-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: $8,278,000 $ 400,000 For the three 3 month period ending May December 31, 2005 $ 1,400,000 For the 6 month period ending March 31, 2006 $ 2,500,000 For the 9 month period ending June 30, 2006 $ 5,200,000 For the 12 month period ending September 30, 2006 $ 4,700,000 For the 12 month period ending December 31, 2006 $ 7,800,000 For the 12 month period ending March 31, 2007 $11,500,000 $ 9,500,000 For the six 12 month period ending August June 30, 2007 $ 11,300,000 For the 12 month period ending September 30, 2007 $ 12,700,000 For the 12 month period ending December 31, 2007 $28,745,000 $ 13,700,000 For the nine 12 month period ending November 30, 2007 $36,323,000 For the four quarter period ending February 28, 2008 $37,784,000 For the four quarter period ending May March 31, 2008 $39,254,000 $ 14,000,000 For the four quarter 12 month period ending August 31, 2008 $42,775,000 For on the four quarter period ending November 30, 2008 $44,012,000 For the four quarter period ending February 28, 2009 $44,000,000 For the four quarter period ending last day of each quarter thereafter

Minimum EBITDA. Fail to achieve EBITDA, measured on a quartermonth-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: $8,278,000 1,200,000 For the three 3 month period ending May December 31, 2007 2004 $11,500,000 2,100,000 For the six 6 month period ending August March 31, 2007 2005 $28,745,000 (29,250,000) For the nine 9 month period ending November June 30, 2007 2005 $36,323,000 (38,500,000) For the four quarter 12 month period ending February 28September 30, 2008 2005 $37,784,000 (92,500,000) For the four quarter 12 month period ending May December 31, 2008 2005 $39,254,000 (80,500,000) For the four quarter 12 month period ending August March 31, 2008 2006 $42,775,000 (61,500,000) For the four quarter 12 month period ending November June 30, 2008 2006 $44,012,000 (31,000,000) For the four quarter 12 month period ending February 28September 30, 2009 2006 $44,000,000 (5,350,000) For the four quarter 3 month period ending each quarter thereafterDecember 31, 2006 $(8,500,000) For the 3 month period ending March 31, 2007”

Minimum EBITDA. Fail to achieve EBITDA, measured on a fiscal quarter-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period $8,278,000 2,000,000 For the three 3 month period ending May September 30, 2006 $4,000,000 For the 6 month period ending December 31, 2006 $6,000,000 For the 9 month period ending March 31, 2007 $11,500,000 11,000,000 For the six 12 month period ending August June 30, 2007 $11,000,000 For the 12 month period ending September 30, 2007 Applicable Amount Applicable Period $11,000,000 For the 12 month period ending December 31, 2007 $28,745,000 11,000,000 For the nine 12 month period ending November 30, 2007 $36,323,000 For the four quarter period ending February 28, 2008 $37,784,000 For the four quarter period ending May March 31, 2008 $39,254,000 11,000,000 For the four quarter period ending August 31, 2008 $42,775,000 For the four quarter period ending November 30, 2008 $44,012,000 For the four quarter period ending February 28, 2009 $44,000,000 For the four quarter 12 month period ending each quarter fiscal quarter-end thereafter

Minimum EBITDA. Fail to achieve Achieve EBITDA, measured on a quarter-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: $8,278,000 $ 15,500,000 For the three 12 month period ending May 312, 2007 $11,500,000 2010 $ 15,000,000 For the six 12 month period ending August 311, 2007 $28,745,000 2010 $ 14,000,000 For the nine 12 month period ending November October 31, 2010 $ 14,750,000 For the 12 month period ending January 30, 2007 $36,323,000 2011 $ 16,500,000 For the four quarter period ending February 28, 2008 $37,784,000 For the four quarter 12 month period ending May 1, 2011 $ 17,000,000 For the 12 month period ending July 31, 2008 $39,254,000 2011 $ 18,000,000 For the four quarter 12 month period ending August October 31, 2008 $42,775,000 2011 $ 19,000,000 For the four quarter 12 month period ending November 30January 29, 2008 $44,012,000 2012 $ 19,000,000 For the four quarter 12 month period ending February 28April 29, 2009 $44,000,000 2012 $ 20,000,000 For the four quarter 12 month period ending July 29, 2012 $ 20,000,000 For the 12 month period ending each quarter thereafter

Minimum EBITDA. Fail to achieve EBITDA, measured on a quarter-end quarterly basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: $8,278,000 $ 4,200,000 For the three 12 month period ending May December 31, 2007 $11,500,000 2009 $ 4,200,000 For the six 12 month period ending August March 31, 2007 $28,745,000 2010 $ 4,200,000 For the nine 12 month period ending November June 30, 2007 $36,323,000 2010 $ 6,100,000 For the four quarter 12 month period ending February 28September 30, 2008 $37,784,000 2010 $ 9,200,000 For the four quarter 12 month period ending May December 31, 2008 $39,254,000 2010 $ 10,900,000 For the four quarter 12 month period ending August March 31, 2008 $42,775,000 2011 $ 12,400,000 For the four quarter 12 month period ending November June 30, 2008 $44,012,000 2011 $ 12,500,000 For the four quarter period ending February 28, 2009 $44,000,000 For the four quarter 12 month period ending each fiscal quarter thereafter

Minimum EBITDA. Fail to achieve EBITDA, measured on a quartermonth-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: $8,278,000 $ 10,424,775 For the three 4 month period ending May 31, 2007 $11,500,000 2010 $ 12,259,927 For the six 5 month period ending June 30, 2010 $ 14,193,433 For the 6 month period ending July 31, 2010 $ 16,623,528 For the 7 month period ending August 31, 2007 $28,745,000 2010 $ 19,067,812 For the nine 8 month period ending September 30, 2010 $ 21,627,032 For the 9 month period ending October 31, 2010 $ 24,126,754 For the 10 month period ending November 30, 2007 $36,323,000 2010 $ 26,893,441 For the four quarter 11 month period ending December 31, 2010 $ 29,554,770 For the 12 month period ending January 31, 2011 $ 28,510,568 For the 12 month period ending February 28, 2008 $37,784,000 For the four quarter period ending May 31, 2008 $39,254,000 For the four quarter period ending August 31, 2008 $42,775,000 For the four quarter period ending November 30, 2008 $44,012,000 For the four quarter period ending February 28, 2009 $44,000,000 For the four quarter period ending each quarter thereafter2011

Minimum EBITDA. Fail to achieve Achieve EBITDA, measured on a quartermonth-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: $8,278,000 Applicable Amount Applicable Period $ 2,117,000 For the three 4 month period ending April 30, 2016 $ 3,316,000 For the 5 month period ending May 31, 2007 $11,500,000 2016 $ 4,858,000 For the six 6 month period ending June 30, 2016 Applicable Amount Applicable Period $ 6,933,000 For the 7 month period ending July 31, 2016 $ 9,036,000 For the 8 month period ending August 31, 2007 $28,745,000 2016 $ 11,171,000 For the nine 9 month period ending September 30, 2016 $ 13,354,000 For the 10 month period ending October 31, 2016 $ 15,565,000 For the 11 month period ending November 30, 2007 $36,323,000 2016 $ 17,850,000 For the four quarter 12 month period ending February 28, 2008 $37,784,000 For the four quarter period ending May December 31, 2008 $39,254,000 For the four quarter period ending August 312016, 2008 $42,775,000 For the four quarter period ending November 30, 2008 $44,012,000 For the four quarter period ending February 28, 2009 $44,000,000 For the four quarter and for each 12 month period ending each quarter month thereafter

Minimum EBITDA. Fail to achieve EBITDA, measured calculated on a quarter-end basisthe last day of the quarterly period indicated below, of at least the required amount set forth in the following table for the applicable quarterly period set forth opposite thereto: $8,278,000 Applicable Amount Applicable Period $ 5,220,000 For the three month period quarter ending May 31, 2007 $11,500,000 For the six month period ending August 31, 2007 $28,745,000 For the nine month period ending November 30, 2007 $36,323,000 For the four quarter period ending February 28, 2008 $37,784,000 For the four quarter period ending May March 31, 2008 $39,254,000 $ 9,000,000 For the four quarter period ending August June 30, 2008 $ 13,000,000 For the quarter ending September 30, 2008 $ 17,500,000 For the quarter ending December 31, 2008 $42,775,000 $ 25,000,000 For the four quarter period ending November March 31, 2009 $ 32,500,000 For the quarter ending June 30, 2008 $44,012,000 2009 $ 37,300,000 For the four quarter period ending February 28September 30, 2009 $44,000,000 For the four quarter period ending 2009, and for each quarter ending thereafter

Minimum EBITDA. Fail to achieve EBITDA, measured on a quartermonth-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: $8,278,000 $ 1,200,000 For the three 3 month period ending May December 31, 2004 $ 2,100,000 For the 6 month period ending March 31, 2005 $ (29,250,000) For the 9 month period ending June 30, 2005 $ (38,500,000) For the 12 month period ending September 30, 2005 $ (92,500,000) For the 12 month period ending December 31, 2005 $ (80,500,000) For the 12 month period ending March 31, 2006 $ (61,500,000) For the 12 month period ending June 30, 2006 $ (31,000,000) For the 12 month period ending September 30, 2006 $ (5,350,000) For the 3 month period ending December 31, 2006 $ (8,500,000) For the 3 month period ending March 31, 2007 $11,500,000 $ (5,650,000) For the six 3 month period ending August 31, 2007 $28,745,000 For the nine month period ending November June 30, 2007 $36,323,000 For the four quarter period ending February 28, 2008 $37,784,000 For the four quarter period ending May 31, 2008 $39,254,000 For the four quarter period ending August 31, 2008 $42,775,000 For the four quarter period ending November 30, 2008 $44,012,000 For the four quarter period ending February 28, 2009 $44,000,000 For the four quarter period ending each quarter thereafter2007”

Minimum EBITDA. Fail to achieve EBITDA, measured on a quarter-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: $8,278,000 For 8,900,000 the three 12 month period ending May 31April 1, 2007 $11,500,000 For 8,500,000 the six 12 month period ending August 31July 1, 2007 $28,745,000 For 9,600,000 the nine 12 month period ending November September 30, 2007 $36,323,000 For 9,100,000 the four quarter 12 month period ending February December 30, 2007 $9,400,000 the 12 month period ending March 30, 2008 $9,200,000 the 12 month period ending June 29, 2008 $10,300,000 the 12 month period ending September 28, 2008 $37,784,000 For 11,700,000 the four quarter 12 month period ending May 31, 2008 $39,254,000 For the four quarter period ending August 31, 2008 $42,775,000 For the four quarter period ending November 30, 2008 $44,012,000 For the four quarter period ending February December 28, 2009 $44,000,000 For the four quarter period ending each quarter thereafter2008

Minimum EBITDA. Fail to achieve EBITDA, measured on a quartermonth-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: $8,278,000 $ 1,200,000 For the three 3 month period ending May December 31, 2004 $ 2,100,000 For the 6 month period ending March 31, 2005 $ (29,250,000 ) For the 9 month period ending June 30, 2005 $ (38,500,000 ) For the 12 month period ending September 30, 2005 $ (92,500,000 ) For the 12 month period ending December 31, 2005 $ (80,500,000 ) For the 12 month period ending March 31, 2006 $ (61,500,000 ) For the 12 month period ending June 30, 2006 $ (31,000,000 ) For the 12 month period ending September 30, 2006 $ (5,350,000 ) For the 3 month period ending December 31, 2006 $ (11,100,000 ) For the 3 month period ending March 31, 2007 $11,500,000 $ (7,400,000 ) For the six 3 month period ending August 31, 2007 $28,745,000 For the nine month period ending November June 30, 2007 $36,323,000 For the four quarter period ending February 28, 2008 $37,784,000 For the four quarter period ending May 31, 2008 $39,254,000 For the four quarter period ending August 31, 2008 $42,775,000 For the four quarter period ending November 30, 2008 $44,012,000 For the four quarter period ending February 28, 2009 $44,000,000 For the four quarter period ending each quarter thereafter2007”