Common use of Minimum EBITDA Clause in Contracts

Minimum EBITDA. Borrower and its Subsidiaries on a consolidated basis shall have, at the end of each Fiscal Month set forth below, EBITDA for the 12- month period then ended of not less than the following: $33,000,000 for the Fiscal Months ending on January 31, 2006 through March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through December 31, 2006; and $35,000,000 for each Fiscal Months ending thereafter.

Minimum EBITDA. Borrower and its Subsidiaries Borrowers' EBITDA, to be measured on a consolidated trailing twelve (12) month basis shall have, at as of the end last day of each Fiscal Month the applicable period set forth below, EBITDA in the table below (except for the 12- period ending on September 30, 2007, which shall be measured on a trailing nine (9) month period then ended of basis), shall not be less than the following: Period Minimum EBITDA For the fiscal quarter ending September 30, 2007 $33,000,000 for (4,000,000) For the Fiscal Months fiscal quarter ending on January December 31, 2006 through 2007 $(5,500,000) For the fiscal quarter ending March 31, 2006; 2008 $33,000,000 for (3,200,000) For the Fiscal Months fiscal quarter ending on April 30, 2006 through June 30, 2006; 2008 $34,000,000 for (3,000,000) For the Fiscal Months fiscal quarter ending on July 31, 2006 through September 30, 2006; 2008 $34,000,000 for (3,000,000) For the Fiscal Months fiscal quarter ending on October 30, 2006 through December 31, 2006; and 2008 $35,000,000 for each Fiscal Months ending thereafter.(2,700,000)

Minimum EBITDA. Borrower and its Subsidiaries shall have on a consolidated basis shall havebasis, at as of the end last day of the Fiscal Quarter ending on June 30, 2007 and as of the last day of each Fiscal Month set forth belowQuarter thereafter, EBITDA for the 12- 12 month period then ended ended, EBITDA of not less than at least the followingamount set forth below opposite such Fiscal Quarter: $33,000,000 for the Fiscal Months ending on January Quarter Ending Amount June 30, 2007 $ 32,000,000 September 30, 2007 $ 26,000,000 December 31, 2006 through 2007 $ 27,000,000 March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through 2008 $ 29,000,000 June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through 2008 $ 31,000,000 September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through 2008 $ 31,000,000 December 31, 2006; 2008 $ 31,000,000 March 31, 2009 $ 32,000,000 June 30, 2009 $ 34,000,000 September 30, 2009 and $35,000,000 for each Fiscal Months Quarter ending thereafter.” $ 35,000,000

Minimum EBITDA. Borrower and its Subsidiaries Permit Consolidated EBITDA of the Parent for the quarter ending on a consolidated basis shall have, at the end last day of each Fiscal Month the month set forth below, EBITDA for the 12- month period then ended of not below to be less than the followingamount set forth opposite such date: $33,000,000 for the Fiscal Months ending on January Quarter Ending: Minimum Consolidated EBITDA: March 31, 2005 $ 1,370,000 June 30, 2005 $ 3,950,000 September 30, 2005 $ 6,200,000 December 31, 2005 $ 3,375,000 March 31, 2006 through $ 4,350,000 June 30, 2006 $ 4,650,000 September 30, 2006 $ 10,050,000 December 31, 2006 $ 6,330,000 March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through 2007 $ 4,550,000 June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through 2007 $ 8,025,000 September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through 2007 $ 10,600,000 December 31, 2006; 2007 and $35,000,000 for each Fiscal Months ending thereafter.fiscal quarter end thereafter $ 6,625,000

Minimum EBITDA. Borrower and its Subsidiaries on a consolidated basis shall have, at As of the end last day of each Fiscal Month set forth fiscal quarter of the Borrower specified below, the Borrower shall not permit EBITDA for the 12- month period four fiscal quarters of the Borrower then ended of not to be less than the followingthan: $33,000,000 for the Fiscal Months ending on January 31, 2006 through EBITDA FOR FOUR FISCAL QUARTERS THEN ENDED SHALL NOT FISCAL QUARTER ENDING ON OR ABOUT: BE LESS THAN March 31, 2006; 2002 $33,000,000 for the Fiscal Months ending on April 30, 2006 through 21,000,000 June 30, 2006; 2002 $34,000,000 for the Fiscal Months ending on July 31, 2006 through 22,000,000 September 30, 2006; 2002 $34,000,000 for the Fiscal Months ending on October 30, 2006 through 26,000,000 December 31, 2006; and 2002 $26,000,000 March 31, 2003 $30,000,000 June 30, 2003 $33,000,000 September 30, 2003 $35,000,000 for December 31, 2003 $36,000,000 March 31, 2004 $38,200,000 June 30, 2004 $39,200,000 September 30, 2004 and each Fiscal Months fiscal quarter $40,000,000 ending thereafter.

Minimum EBITDA. Borrower and its Subsidiaries on a consolidated basis shall have, Maintain at the end of each Fiscal Month set forth belowfiscal quarter of the Borrower ending prior to the later of (i) the Bridge Repayment Date and (ii) the date occurring 12 months after the Closing Date, Consolidated EBITDA for of the 12- month period then ended Borrower and its Subsidiaries of not less than the following: $33,000,000 amount set forth below for the Fiscal Months four fiscal quarters ending on January at the end of such fiscal quarter set forth below: Minimum Quarter Ending On EBITDA ----------------- ------ June 30, 1998 $28,000,000 September 30, 1998 $28,000,000 December 31, 2006 through 1998 $30,000,000 March 31, 2006; 1999 $33,000,000 for the Fiscal Months ending on April 30, 2006 through 30,000,000 June 30, 2006; 1999 $34,000,000 for the Fiscal Months ending on July 31, 2006 through 32,000,000 September 30, 2006; 1999 $34,000,000 for the Fiscal Months ending on October 30, 2006 through 32,000,000 December 31, 2006; 1999 $34,000,000 December 31, 2000 and each fiscal quarter thereafter $35,000,000 for each Fiscal Months ending thereafter.39,000,000

Minimum EBITDA. The Borrower and its Subsidiaries on a consolidated basis shall have, at will not permit Consolidated EBITDA as determined as of the end of each Fiscal Month set forth below, EBITDA fiscal quarter of the Borrower to be less than (a) for the 12- month period then fiscal quarters ended of not less than the following: June 30, 2004, September 30, 2004, December 31, 2004, March 31, 2005 and June 30, 2005, $33,000,000 18,000,000, (b) for the Fiscal Months fiscal quarter ending on January September 30, 2005, $22,000,000, (c) for the fiscal quarter ending December 31, 2006 through 2005, $22,500,000, (d) for the fiscal quarter ending March 31, 2006; , $33,000,000 23,000,000, (e) for the Fiscal Months fiscal quarter ending on April 30, 2006 through June 30, 2006; , $34,000,000 23,500,000, (f) for the Fiscal Months fiscal quarter ending on July 31, 2006 through September 30, 2006; , $34,000,000 24,000,000, (g) for the Fiscal Months fiscal quarter ending on October 30, 2006 through December 31, 2006; , $24,500,000 and (h) thereafter, $35,000,000 for each Fiscal Months ending thereafter25,000,000.

Minimum EBITDA. Borrower and its Subsidiaries Guarantors (which shall include Interactive and Paradigm through and including September 30, 2003) on a consolidated combined basis shall have, at the end of each Fiscal Month Quarter set forth below, EBITDA for the 12- 12-month period then ended of not less than the following: $33,000,000 for the Period EBITDA ------ ------ Fiscal Months Quarter ending on January December 31, 2006 through 2002 ($ 7,000,000) Fiscal Quarter ending March 31, 2006; 2003 $33,000,000 for the 20,000,000 Fiscal Months Quarter ending on April 30, 2006 through June 30, 2006; 2003 $34,000,000 for the 20,000,000 Fiscal Months Quarter ending on July 31, 2006 through September 30, 2006; $34,000,000 for the 2003 ($ 500,000) Fiscal Months Quarter ending on October 30, 2006 through December 31, 2006; and 2003 ($35,000,000 20,000,000) Fiscal Quarter ending March 31, 2004 ($ 7,500,000) Fiscal Quarter ending June 30, 2004 ($ 7,500,000) for each Fiscal Months Quarter ending thereafter.thereafter $20,000,000

Minimum EBITDA. Borrower and its Subsidiaries on a consolidated basis shall haveNot permit EBITDA for the following periods ending as of the last day of the following Fiscal Quarters, at to be less than the end of each Fiscal Month respective amounts set forth below: Period ending: Minimum EBITDA Two Fiscal Quarter period ending June 30, EBITDA for 2006 $ (15,200,000 ) Three Fiscal Quarter period ending September 30, 2006 $ (13,100,000 ) Computation Periods ending as of the 12- month period then ended last day of not less than each of the followingfollowing Fiscal Quarters: $33,000,000 for the Fiscal Months ending on January December 31, 2006 through $ (14,100,000 ) March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through 2007 $ (10,800,000 ) June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through 2007 $ (8,800,000 ) September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through 2007 $ (6,000,000 ) December 31, 2006; 2007 $ (500,000 ) March 31, 2008 and $35,000,000 for each Fiscal Months Quarter ending thereafter.thereafter $ 4,000,000. ”

Minimum EBITDA. Borrower and its Subsidiaries shall have on a consolidated basis shall havebasis, at as of the end last day of the Fiscal Quarter ending on December 31, 2008 and as of the last day of each Fiscal Month set forth belowQuarter thereafter, EBITDA for the 12- 12 month period then ended of not less than the following: $33,000,000 for (or with respect to the Fiscal Months Quarter ending on January December 31, 2006 through 2008 during the period commencing on December 1, 2008 and ending on the last day of such Fiscal Quarter, or with respect to each Fiscal Quarter ending on March 31, 2006; $33,000,000 for the Fiscal Months ending on April 302009, 2006 through June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through 2009 and September 30, 2006; $34,000,000 for 2009, during the Fiscal Months period commencing on January 1, 2009 and ending on October 30the last day of such Fiscal Quarter), 2006 through EBITDA of at least the amount set forth below opposite such Fiscal Quarter: Fiscal Quarter Ending Amount December 31, 2006; 2008 $ 1,500,000 March 31, 2009 $ 2,800,000 June 30, 2009 $ 6,400,000 September 30, 2009 $ 11,300,000 December 31, 2009 $ 16,900,000 March 31, 2010 and $35,000,000 for each Fiscal Months Quarter ending thereafter.” $ 18,200,000

Minimum EBITDA. Borrower and its Subsidiaries on a consolidated basis shall have, at the end of each Fiscal Month Quarter set forth below, EBITDA for the 12- 12-month period then ended of not less than the following: $33,000,000 Fiscal Quarter Ending Minimum EBITDA June 30, 2006 and for each Fiscal Quarter ending thereafter through and including the Fiscal Months Quarter ending on January December 31, 2006 through 2008 $ 30,000,000 March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through 2009 $ 29,000,000 June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through 2009 $ 21,400,000 September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through 2009 $ 16,600,000 December 31, 2006; 2009 $ 19,100,000 March 31, 2010 $ 24,750,000 June 30, 2010 and $35,000,000 for each Fiscal Months Quarter ending thereafter.thereafter $ 30,000,000”

Minimum EBITDA. Borrower and its Subsidiaries on a consolidated basis shall haveNot permit EBITDA for the following periods ending as of the last day of the following Fiscal Quarters, at to be less than the end of each Fiscal Month respective amounts set forth below, : Period ending: Minimum EBITDA for the 12- month One Fiscal Quarter period then ended of not less than the following: $33,000,000 for the Fiscal Months ending on January March 31, 2006 through $ (7,500,000 ) Two Fiscal Quarter period ending June 30, 2006 $ (15,200,000 ) Three Fiscal Quarter period ending September 30, 2006 $ (12,100,000 ) Computation Periods ending as of the last day of each of the following Fiscal Quarters: December 31, 2006 $ (12,100,000 ) March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through 2007 $ (7,800,000 ) June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through 2007 $ (4,800,000 ) September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through 2007 $ (3,000,000 ) December 31, 2006; 2007 $ 1,500,000 March 31, 2008 and $35,000,000 for each Fiscal Months Quarter ending thereafterthereafter $ 4,000,000 .”

Minimum EBITDA. For each Fiscal Quarter commencing with the Fiscal Quarter ending March 31, 2002, Borrower and its Subsidiaries shall maintain an EBITDA (measured on a consolidated cumulative quarterly basis shall havefor the period of January 1, at 2002 through and including December 31, 2002 and on a rolling twelve (12) month basis thereafter) as of the end last day of each such Fiscal Month set forth belowQuarter, EBITDA for the 12- month period then ended of not less than the followingamount set forth below: $33,000,000 for EBITDA For the Fiscal Months Quarter ending on January 31, 2006 through shall not be less than ----------------------------- ---------------------- March 31, 2006; 2002 ($33,000,000 for the Fiscal Months ending on April 30, 2006 through 100,000) June 30, 2006; 2002 ($34,000,000 for the Fiscal Months ending on July 31, 2006 through 1,150,000) September 30, 2006; 2002 ($34,000,000 for the Fiscal Months ending on October 30, 2006 through 1,9000,000) December 31, 2006; and 2002 ($35,000,000 for each Fiscal Months ending thereafter.2,400,000) March 31, 2003 ($2,000,000) June 30,2003 ($1,000,000) September 30, 2003 ($250,000) December 31,2003 $750,000

Minimum EBITDA. Borrower Holdings and its Subsidiaries on a consolidated basis shall have, at the end of each Fiscal Month Quarter set forth below, EBITDA for the 12- 12-month period then ended (or with respect to the Fiscal Quarter ending on September 30, 2003, the period commencing on January 1, 2003 and ending on the last day of such Fiscal Quarter) of not less than the following: Period EBITDA ------ ------ Fiscal Quarter ending September 30, 2003 $33,000,000 for the 38,000,000 Fiscal Months Quarter ending on January December 31, 2006 through 2003 $51,300,000 Fiscal Quarter ending March 31, 2006; 2004 $33,000,000 for the 53,500,000 Fiscal Months Quarter ending on April 30, 2006 through June 30, 2006; 2004 $34,000,000 for the 54,700,000 Fiscal Months Quarter ending on July 31, 2006 through September 30, 2006; 2004 $34,000,000 for the 55,000,000 Fiscal Months Quarter ending on October 30, 2006 through December 31, 2006; and 2004 $35,000,000 for 55,500,000 Fiscal Quarter ending March 31, 2005 $56,000,000 Fiscal Quarter ending June 30, 2005 $57,500,000 Fiscal Quarter ending September 30, 2005 $59,000,000 For each Fiscal Months Quarter ending thereafter.thereafter $60,000,000

Minimum EBITDA. Borrower and its Subsidiaries on a consolidated basis shall have, at At the end of each Fiscal Month fiscal quarter set forth below, maintain consolidated EBITDA for each consecutive four fiscal quarterly period (except that until the 12- month period then ended fiscal quarter ending March 31, 2003 such measurements shall be made for the fiscal quarterly periods from April 1, 2002 and until the end of the fiscal quarter set forth below) of not less than the followingamount set forth below: Fiscal Quarter Ending Amount --------------------- ------ September 30, 2002 $33,000,000 for the Fiscal Months ending on January 30,901,000 December 31, 2006 through 2002 $46,351,000 March 31, 2006; 2003 $33,000,000 for the Fiscal Months ending on April 30, 2006 through 63,854,000 June 30, 2006; 2003 $34,000,000 for the Fiscal Months ending on July 31, 2006 through 67,251,000 September 30, 2006; 2003 $34,000,000 for the Fiscal Months ending on October 30, 2006 through 70,649,000 December 31, 2006; and 2003 $35,000,000 for each Fiscal Months ending thereafter.74,046,000 March 31, 2004 $79,586,000 June 30, 2004 $85,248,000 September 30, 2004 $91,269,000 December 31, 2004 $97,111,000 March 31, 2005 $109,708,000 June 30, 2005 $120,660,000

Minimum EBITDA. Borrower and its Subsidiaries on a consolidated basis shall have, at the end of each Fiscal Month Quarter set forth below, EBITDA for the 12- 12-month period then ended of not less than the following: Fiscal Quarter ending Minimum EBITDA --------------------- -------------- September 30, 2003 $33,000,000 for the Fiscal Months ending on January 37,125,000 December 31, 2006 through 2003 35,628,000 March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through 2004 36,445,000 June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through 2004 38,879,000 September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through 2004 49,122,000 December 31, 2006; 2004 54,343,000 March 31, 2005 57,495,000 June 30, 2005 60,689,000 September 30, 2005 and $35,000,000 for each Fiscal Months Quarter ending thereafter.thereafter 62,000,000

Minimum EBITDA. Borrower and its Subsidiaries Guarantors (which shall include Interactive and Paradigm through and including September 30, 2003) on a consolidated combined basis shall have, at the end of each Fiscal Month Quarter set forth below, EBITDA for the 12- 12-month period then ended of not less than the following: $33,000,000 for the Period EBITDA ------ ------ Fiscal Months Quarter ending on January December 31, 2006 through 2002 ($ 7,000,000) Fiscal Quarter ending March 31, 2006; $33,000,000 for the 2003 $ 20,000,000 Fiscal Months Quarter ending on April 30, 2006 through June 30, 2006; $34,000,000 for the 2003 $ 20,000,000 Fiscal Months Quarter ending on July September 30,2003 $ 10,500,000 Fiscal Quarter ending December 31, 2006 through 2003 ($ 20,000,000) Fiscal Quarter ending March 31, 2004 $ 20,000,000 for each Fiscal Quarter ending thereafter $ 20,000,000 provided, however, that if (i) the Production Fund Closing occurs on or prior to August 22, 2003, or (ii) the Offering Transactions occur before September 30, 2006; $34,000,000 2003, the EBITDA for the Fiscal Months 12 - month period ending on October September 30, 2006 through December 31, 2006; and 2003 shall be no less than ($35,000,000 for each Fiscal Months ending thereafter500,000)."

Minimum EBITDA. Borrower and its Subsidiaries As of the end of each fiscal quarter shown below, have, on a consolidated basis shall have, at the end of each Fiscal Month set forth belowwith Borrower’s Subsidiaries, EBITDA for the 12- three-month period then ended ending, of not less than the followingcorresponding amount shown for such fiscal quarter: $33,000,000 for the Fiscal Months ending on January Quarters Ending Minimum EBITDA December 31, 2006 through $ (600,0000 ) March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through 2007 $ (600,0000 ) June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through 2007 $ (400,0000 ) September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through 2007 $ (100,0000 ) December 31, 2006; 2007 $ 200,0000 March 31, 2008 $ 250,0000 June 30, 2008 $ 250,0000 September 30, 2008 $ 500,0000 December 31, 2008 $ 900,0000 March 31, 2009 $ 1,000,0000 June 30, 2009 and $35,000,000 for each Fiscal Months ending thereafter.fiscal quarter thereafter $ 1,100,0000

Minimum EBITDA. Borrower and its Subsidiaries on a consolidated basis shall have, at As of the end last day of each Fiscal Month set forth fiscal quarter of the Borrower specified below, the Borrower shall not permit EBITDA for the 12- month period four fiscal quarters of the Borrower then ended of not to be less than the followingthan: EBITDA FOR FOUR FISCAL QUARTERS THEN FISCAL QUARTER ENDING ON OR ABOUT: ENDED SHALL NOT BE LESS THAN September 30, 2001 $33,000,000 for the Fiscal Months ending on January 31,300,000 December 31, 2006 through 2001 $27,000,000 March 31, 2006; 2002 $33,000,000 for the Fiscal Months ending on April 30, 2006 through 26,700,000 June 30, 2006; 2002 $34,000,000 for the Fiscal Months ending on July 31, 2006 through 28,200,000 September 30, 2006; 2002 $34,000,000 for the Fiscal Months ending on October 30, 2006 through 32,400,000 December 31, 2006; and 2002 $33,700,000 March 31, 2003 $35,000,000 for June 30, 2003 $35,800,000 September 30, 2003 $36,500,000 December 31, 2003 $37,500,000 March 31, 2004 $38,200,000 June 30, 2004 $39,200,000 September 30, 2004 and each Fiscal Months fiscal $40,000,000 quarter ending thereafter.

Minimum EBITDA. Borrower and its Subsidiaries shall have on a consolidated basis shall havebasis, at as of the end last day of the Fiscal Quarter ending on June 30, 2007 and as of the last day of each Fiscal Month set forth belowQuarter thereafter, EBITDA for the 12- 12 month period then ended ended, EBITDA of not less than at least the followingamount set forth below opposite such Fiscal Quarter: $33,000,000 for the Fiscal Months ending on January Quarter Ending Amount June 30, 2007 $ 32,000,000 September 30, 2007 $ 26,000,000 December 31, 2006 through 2007 $ 27,000,000 March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through 2008 $ 27,000,000 June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through 2008 $ 22,750,000 September 30, 2006; $34,000,000 for the 2008 $ 25,000,000 6 Fiscal Months ending on October 30, 2006 through Quarter Ending Amount December 31, 2006; 2008 $ 25,000,000 March 31, 2009 $ 27,000,000 June 30, 2009 $ 29,000,000 September 30, 2009 $ 30,000,000 December 31, 2009 $ 31,000,000 March 31, 2009 $ 33,000,000 September 30, 2009 and $35,000,000 for each Fiscal Months Quarter ending thereafter.thereafter $ 35,000,000

Minimum EBITDA. Borrower Borrowers and its their Subsidiaries on a consolidated basis shall have, at the end of each Fiscal Month Quarter set forth below, EBITDA for the 12- 12-month period then ended (or with respect to the Fiscal Quarters ending on or before September 30, 2001, the period commencing on January 1, 2001 and ending on the last day of such Fiscal Quarter) of not less than the following: $33,000,000 for the Fiscal Months ending on January Period Ending On EBITDA ---------------- ------ June 30, 2001 $ 6,400,000 September 30, 2001 $ 10,300,000 December 31, 2006 through 2001, March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through 2002 and $ 14,000,000 June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through 2002 September 30, 2006; $34,000,000 for the Fiscal Months ending on October 302002, 2006 through December 31, 2006; 2002, March 31, 2003 and $35,000,000 for each Fiscal Months ending thereafter.$ 16,500,000 June 30, 2002 September 30, 2003 and thereafter $ 18,200,000