Common use of Minimum EBITDA Clause in Contracts

Minimum EBITDA. As of the end of each of its fiscal quarters beginning with the quarter ended June 30, 2008, the Borrower shall maintain minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended June 30, 2008, (ii) $12,500,000 for the nine months ended September 30, 2008, and (iii) $16,500,000 for the twelve months ended December 31, 2008 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.”

Minimum EBITDA. As of the end of each of its fiscal quarters beginning with the quarter ended June 30, 2008, the Borrower shall maintain Maintain at all times a minimum EBITDA of not less than the followingfollowing amounts at the following times: (i) Minimum EBITDA: Fiscal Quarter Ending: $7,500,000 for the six months ended 11,000,000 Closing Date through June 30, 2008, (ii) 1999; $12,500,000 for the nine months ended September 30, 2008, and (iii) 1999; $16,500,000 for the twelve months ended 13,000,000 December 31, 2008 1999; and for each trailing twelve month period thereafter to be tested $14,500,000 March 31, 2000 and at each fiscal quarter endall times thereafter.”

Minimum EBITDA. As The EBITDA of Borrowers shall, as of the end of each of its fiscal quarters beginning with the quarter ended June 30set forth below, 2008, the Borrower shall maintain minimum EBITDA of be not less than the following: (i) $7,500,000 amount set forth below opposite each such fiscal quarter determined based on the EBITDA for the six months ended immediately preceding twelve (12) months: Minimum EBITDA Fiscal Quarter ending September 30, 2002 $13,000,000 Fiscal Quarter ending December 31, 2002 $17,400,000 Fiscal Quarter ending March 31, 2003 $23,000,000 Fiscal Quarter ending June 30, 2008, (ii) 2003 $12,500,000 for the nine months ended September 30, 2008, and (iii) 32,000,000 Each Fiscal Quarter thereafter $16,500,000 for the twelve months ended December 31, 2008 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.36,000,000”

Minimum EBITDA. As of the end of each of its fiscal quarters beginning with the quarter ended June 30, 2008, the Borrower shall maintain minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended at June 30, 2008, (ii) $12,500,000 for the nine months ended 15,000,000 at September 30, 2008, and (iii) $16,500,000 for the twelve months ended 22,500,000 at December 31, 2008 and for each trailing twelve month period thereafter to thereafter. This covenant will be tested at each quarterly beginning with the fiscal quarter endended June 30, 2008.”

Minimum EBITDA. As The Borrower will, as of the end last day of each fiscal quarter of its the Borrower commencing with the fiscal quarter ending September 30, 2002, have EBITDA in an amount not less than (a) $0.01 for the fiscal quarter ending September 30, 2002, (b) $2,000,000 for the two fiscal quarters beginning with ending December 31, 2002, (c) $10,000,000 for the quarter ended three fiscal quarters ending March 31, 2003, and (d) $26,000,000 for the fiscal year ending June 30, 2008, the Borrower shall maintain minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended June 30, 2008, (ii) $12,500,000 for the nine months ended September 30, 2008, and (iii) $16,500,000 for the twelve months ended December 31, 2008 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end2003.”

Minimum EBITDA. As The Borrower and its Subsidiaries, on a Consolidated basis, shall have EBITDA for each period of four consecutive fiscal quarters measured on the end last day of each of its fiscal quarters quarter beginning with the quarter ended June 30, 20082004, the Borrower shall maintain minimum EBITDA of not no less than the following: (i) $7,500,000 amount specified below for the six months ended June 30, 2008, (ii) periods specified below: $12,500,000 for 33,000,000 Closing through 9/30/06 $36,000,000 12/31/06 through the nine months ended September 30, 2008, and (iii) $16,500,000 for the twelve months ended December 31, 2008 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.”Maturity Date

Minimum EBITDA. As of Borrower shall have at the end of each of its fiscal quarters beginning with Fiscal Quarter set forth below for the quarter ended June 30indicated period then ended, 2008, the Borrower shall maintain a minimum EBITDA as set forth below: Twelve (12) consecutive Fiscal Months ending on the last day of not less than the following: (i) each Fiscal Quarter ending on and after September, 2005. $7,500,000 for the six months ended June 30, 2008, (ii) $12,500,000 for the nine months ended September 30, 2008, and (iii) $16,500,000 for the twelve months ended December 31, 2008 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.”6,500,000

Minimum EBITDA. As of Borrower shall not permit EBITDA at any time to be less than the corresponding amount set forth below, which shall be calculated and tested at the end of each of its fiscal quarters beginning with the quarter ended June Fiscal Quarter on a trailing 4 Fiscal Quarter basis. Closing Date through December 30, 2008, the Borrower shall maintain minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended June 30, 2008, (ii) $12,500,000 for the nine months ended September 30, 2008, and (iii) $16,500,000 for the twelve months ended 2013 $ 70,000,000 December 31, 2008 2013 through December 30, 2014 $ 80,000,000 December 31, 2014 through December 30, 2015 $ 90,000,000 December 31, 2015 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.”$ 100,000,000

Minimum EBITDA. As The Borrower and its consolidated Subsidiaries shall maintain minimum EBITDA, measured as of the end of each fiscal quarter period of its the Borrower, as measured on a rolling four quarter basis, in an amount for such fiscal quarters beginning with the quarter ended set forth below: June 30 and September 30, 2004 $ 11,750,000 December 31, 2004 $ 12,000,000 March 31, 2005 $ 14,500,000 June 30, 2008, the Borrower shall maintain minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended June 30, 2008, (ii) $12,500,000 for the nine months ended September 30, 2008, 2005 and (iii) $16,500,000 for the twelve months ended December 31, 2008 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.”$ 15,000,000

Minimum EBITDA. As of Borrower, on a consolidated basis, will not allow its EBITDA calculated at the end of each of its fiscal quarters beginning with the quarter ended June 30quarter, 2008, the Borrower shall maintain minimum EBITDA of not to be less than the following: than: (i) $7,500,000 850,000 for the six months ended June 30three-month period ending March 31, 2008, 2002; (ii) $12,500,000 1,400,000 for the nine months ended September three-month period ending June 30, 2008, and 2002; (iii) $16,500,000 1,600,000 for the twelve months ended three-month period ending September 30, 2002; and (iv) $1,900,000 for the three-month period ending December 31, 2008 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end2002.”

Minimum EBITDA. As of the end Borrowers shall maintain Consolidated EBITDA as of each of its fiscal quarters beginning with the quarter ended June 30, 2008, the Borrower shall maintain minimum EBITDA end of not less than the following: (i) $7,500,000 amount set forth below opposite the applicable fiscal quarter end, measured for the six measurement period set forth below: March 31, 2015 $ 235,000 Three months ended ending March 31, 2015 June 30, 20082015 $ 710,000 Six months ending June 30, (ii) $12,500,000 for the nine months ended 2015 September 30, 20082015 $ 1,460,000 Nine months ending September 30, and (iii) $16,500,000 for the twelve months ended December 31, 2008 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.”2015

Minimum EBITDA. As of Borrower shall achieve the following minimum quarterly EBITDA levels, in each case calculated at the end of each of its fiscal quarters beginning with the quarter ended June 30, 2008, the Borrower shall maintain minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended June 30, 2008, (ii) $12,500,000 for the nine months ended September 30, 2008, and (iii) $16,500,000 for the twelve months ended December 31, 2008 and for each trailing twelve month period thereafter to be tested at each referenced fiscal quarter end.”for such quarter then ended: Fiscal Quarter Ending in: Maximum Quarterly EBITDA: October 2009 $ 800,000 January 2010 $ 10,500,000 May 2010 $ 1,500,000 August 2010 $ 2,500,000 October 2010 $ 1,000,000 January 2011 $ 12,500,000 May 2011 $ 2,000,000 July 2011 $ 3,000,000

Minimum EBITDA. As of the end of each of its fiscal quarters beginning with the quarter ended June 30, 2008, the Borrower shall maintain minimum EBITDA have EBITDA, measured on a fiscal quarter end basis, of not less than then the followingrequired amount set forth in the following table: (i) $7,500,000 for the six months ended June 12 Month Period Ending Applicable Amount on or About ----------------- ----------------------- $ 11,000,000 April 30, 2008, (ii) $12,500,000 for the nine months ended September 30, 2008, 2001 and (iii) $16,500,000 for the twelve months ended December July 31, 2008 2001 $ 12,000,000 October 31, 2001 $ 12,500,000 January 31, 2002 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.”all subsequent quarters

Minimum EBITDA. As At any time during the periods ending on the dates set forth below the minimum EBITDA of the end of each of Borrower and its Subsidiaries for the four (4) fiscal quarters beginning with then ending shall not be less than the quarter ended amount set forth below: September 30, 2010, December 31, 2010, March 31, 2011, June 30, 20082011 and September 30, the Borrower shall maintain minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended 2011 $ 5,950,000 December 31, 2011, March 31, 2012, June 30, 2008, (ii) $12,500,000 for the nine months ended 2012 and September 30, 2008, and (iii) $16,500,000 for the twelve months ended 2012 $ 6,162,925 December 31, 2008 2012 and for each trailing twelve month period thereafter to be tested at the last day of each fiscal quarter end.”thereafter $ 6,375,000

Minimum EBITDA. As EBITDA for each four fiscal quarter period of the end of each of its fiscal quarters beginning with Borrower ending during the quarter ended periods set forth below shall not be less than the amounts set forth below: March 31, 2002 $ 6,000,000 June 30, 2008, the Borrower shall maintain minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended June 30, 2008, (ii) $12,500,000 for the nine months ended 2002 $ 8,065,000 September 30, 2008, and (iii) $16,500,000 for the twelve months ended 2002 $ 10,657,000 December 31, 2008 2002 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.”end thereafter $ 13,000,000

Minimum EBITDA. As The Borrower shall have, as of the end last day of each of its fiscal quarters beginning with Fiscal Quarter set forth below, Consolidated EBITDA for the quarter ended June 30, 2008, the Borrower shall maintain minimum EBITDA four Fiscal Quarters ending on such day of not less than the following: (i) FISCAL QUARTER ENDING MINIMUM EBITDA December 31, 2006 $7,500,000 for the six months ended 23,000,000 March 31, 2007 $25,250,000 June 30, 2008, (ii) 2007 $12,500,000 for the nine months ended 27,500,000 September 30, 20082007 $29,750,000 December 31, and (iii) 2007 $16,500,000 for the twelve months ended 32,000,000 March 31, 2008 $33,250,000 June 30, 2008 $34,500,000 September 30, 2008 $35,750,000 December 31, 2008 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.”$37,000,000

Minimum EBITDA. As The Borrower and its Subsidiaries shall achieve EBITDA -------------- (on a consolidated basis) of at least: (a) $2,000,000.00 for each of the Borrower's fiscal quarters ending September 30, 1996, December 31, 1996, and June 30, 1997; (b) no less than $5,000,000.00 for the period July 1, 1996 through march 31, 1997; and (c) $2,000,000.00 (calculated on a rolling four (4) quarters basis) as of the end of each of its fiscal quarters beginning quarter commencing with the quarter ended June 30, 2008, the Borrower shall maintain minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended June 30, 2008, (ii) $12,500,000 for the nine months ended ending September 30, 2008, and (iii) $16,500,000 for the twelve months ended December 31, 2008 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end1997.”

Minimum EBITDA. As of the end of each of its fiscal quarters beginning with the quarter ended June 30, 2008, the Borrower shall maintain minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended June 30, 2008, (ii) $12,500,000 15,000,000 for the nine months ended September 30, 2008, and (iii) $16,500,000 22,500,000 for the twelve months ended December 31, 2008 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.”

Minimum EBITDA. As Measured as of the end of each of its fiscal quarters beginning with the quarter ended Fiscal Quarter ending June 30, 20082017, (i) for the Borrower shall six months then ended, maintain minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended June 30, 2008, 272,000 and (ii) $12,500,000 for the nine months ended September 30, 2008, and (iii) $16,500,000 for the twelve months ended December 31then ended, 2008 and for each trailing twelve month period thereafter to maintain EBITDA of not less than $1,100,000. Compliance with the foregoing shall be tested at each fiscal quarter endevidenced by delivery of the Compliance Certificate required under Section 10.1.2(c).”

Minimum EBITDA. As The Borrowers will maintain, on a consolidated basis and tested as of the end last day of each of its the Borrowers' fiscal quarters beginning with commencing July 31, 2006, minimum EBITDA equal to or exceeding the following levels on a rolling four (4) quarter basis: For the quarter ended June 30ending: July 31, 20082006 $1,200,000 October 31, the Borrower shall maintain minimum EBITDA of not less than the following: (i) 2006 $7,500,000 for the six months ended June 301,300,000 January 31, 2008, (ii) $12,500,000 for the nine months ended September 30, 20082007, and (iii) each quarter thereafter $16,500,000 for the twelve months ended December 31, 2008 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.”1,800,000

Minimum EBITDA. As Borrower shall, on and as of the end ending date of each of its fiscal quarters beginning with the quarter ended June 30, 2008, the Borrower shall set forth below maintain minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended June 30, 2008, (ii) $12,500,000 for the nine months ended September 30, 2008, and (iii) $16,500,000 for the twelve months ended December 31, 2008 and for each trailing twelve month period thereafter amount set forth next to be tested at such ending date of each fiscal quarter end.”quarter: Fiscal Quarter Ending October 1997 $578,000 Fiscal Quarter Ending January 1998 $482,000 Fiscal Quarter Ending April 1998 $745,000 Fiscal Quarter Ending July 1998 $1,010,000 Fiscal Quarter Ending October 1998 $1,647,000 Fiscal Quarter Ending January 1999 $1,505,000 Fiscal Quarter Ending April 1999 $1,671,000 Fiscal Quarter Ending July 1999 $2,064,000

Minimum EBITDA. As of Borrower shall not permit EBITDA at any time to be less than the corresponding amount set forth below, which shall be calculated and tested at the end of each of its fiscal quarters beginning with the quarter ended June Fiscal Quarter on a trailing 4 Fiscal Quarter basis. Closing Date through December 30, 2008, the Borrower shall maintain minimum EBITDA of not less than the following: (i) $7,500,000 for the six months ended June 30, 2008, (ii) $12,500,000 for the nine months ended September 30, 2008, and (iii) $16,500,000 for the twelve months ended 2015 $ 90,000,000 December 31, 2008 2015 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.”$ 100,000,000

Minimum EBITDA. As The Borrower and each of its Subsidiaries shall not at any time permit EBITDA of the Borrower and each of its Subsidiaries, calculated as of the end of each of its fiscal quarter for the four fiscal quarters beginning with the quarter ended June 30then ended, 2008, the Borrower shall maintain minimum EBITDA of not to be less than the following: (i) $7,500,000 applicable amount set for the six months ended June 30applicable fiscal quarter below: July 1, 20082007 through March 31, (ii) 2008 $12,500,000 for the nine months ended 15,000,000 April 1, 2008 through September 30, 20082008 $17,500,000 October 1, and (iii) $16,500,000 for the twelve months ended December 2008 through March 31, 2008 2009 $20,000,000 April 1, 2009 and for each trailing twelve month period thereafter to be tested at each fiscal quarter end.”thereafter $22,500,000