Common use of Minimum EBITDA Clause in Contracts

Minimum EBITDA. Borrower shall, on and as of the ending date of each fiscal quarter set forth below maintain EBITDA of not less than the amount set forth next to such ending date of each fiscal 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. Borrower shall, on and as EBITDA for each four fiscal quarter period of the Borrower ending date of during the periods set forth below shall not be less than the amounts set forth below: December 31, 2001 * March 31, 2002 * June 30, 2002 * September 30, 2002 * December 31, 2002 and each fiscal quarter set forth below maintain EBITDA of not less than the amount set forth next to such ending date of each fiscal 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 $2,064,000end thereafter *

Minimum EBITDA. The Borrower shall, on and as of will not permit EBITDA for the four fiscal quarter period ending date at the end of each fiscal quarter of the Borrower set forth below maintain EBITDA of not to be less than the amount EBITDA set forth next to opposite such ending date of each fiscal quarterdate: Fiscal Quarter Ending October 1997 Minimum Date EBITDA 12/31/01 $578,000 Fiscal Quarter Ending January 1998 17 million 3/31/02 $482,000 Fiscal Quarter Ending April 1998 21.5 million 6/30/02 $745,000 Fiscal Quarter Ending July 1998 28.2 million 9/30/02 $1,010,000 Fiscal Quarter Ending October 1998 36.8 million 12/31/02 $1,647,000 Fiscal Quarter Ending January 1999 $1,505,000 Fiscal Quarter Ending April 1999 $1,671,000 Fiscal Quarter Ending July 1999 $2,064,00049.6 million

Minimum EBITDA. For each Fiscal Quarter commencing with the Fiscal Quarter ending June 30, 2003, Borrower shall, on and shall have an EBITDA as of the ending date last day of each fiscal quarter set forth below maintain EBITDA such Fiscal Quarter, of not less than the amount set forth next to such ending date of each fiscal quarterbelow: EBITDA For the Fiscal Quarter Ending October 1997 ending shall not be less than ----------------------------- ----------------------- June 30, 2003 $578,000 Fiscal Quarter Ending January 1998 765,000 September 30, 2003 $482,000 Fiscal Quarter Ending April 1998 1,000,000 December 31, 2003 $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 $2,064,0001,350,000

Minimum EBITDA. Borrower shall, on and as As of the ending date end of each any fiscal quarter during the periods set forth below maintain below, permit EBITDA of not for such fiscal quarter to be less than the corresponding amount set forth next to such ending date of each fiscal quarterbelow: Fiscal Quarter Ending October 1997 Period Minimum EBITDA ------ -------------- Closing Date through and including December 30, 2001 $578,000 Fiscal Quarter Ending January 1998 5,500,000 December 31, 2001 through and including March 30, 2002 $482,000 Fiscal Quarter Ending April 1998 6,000,000 March 31, 2002 through and including September 29, 2002 $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 $2,064,0007,000,000

Minimum EBITDA. (a) Borrower shallshall not permit EBITDA for the twelve month period ending on the last day of any calendar quarter set forth below to be less than the minimum amount set forth below opposite each such fiscal quarter ending date: Fiscal Quarter Ending Minimum EBITDA --------------------- -------------- March 31, on 1997 $2,000,000 June 30, 1997 $4,000,000 September 26, 1997 $5,500,000 December 26, 1997 and as of the ending date last day of each fiscal quarter set forth below maintain EBITDA of not less than the amount set forth next to such ending date of each fiscal quarter: Fiscal Quarter Ending October 1997 thereafter $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 $2,064,0007,500,000"

Minimum EBITDA. The Borrower shall, on and as of will not permit EBITDA for the ending date of each fiscal quarter ending on or about each date set forth below maintain EBITDA of not to be less than the amount set forth next to opposite such ending date of each fiscal quarterquarter below: Fiscal Quarter Ending October 1997 on or about Amount --------------------------------- ------ June 30, 2000 ($578,000 Fiscal Quarter Ending January 1998 20,000,000) September 30, 2000 ($ 6,000,000) December 31, 2000 $ 7,000,000 March 31, 2001 $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 $2,064,00015,000,000" (l) Section 8.26 of the Credit Agreement is hereby amended to read in its entirety as follows:

Minimum EBITDA. The EBITDA for the fiscal year of the Borrower shall, on and shall not be less than the following amounts as of the ending date end of each the following fiscal quarter set forth below maintain EBITDA of not less than the amount set forth next to such ending date of each fiscal quarteryears: Fiscal Quarter Year Ending October 1997 Nearest to December 31 Minimum EBITDA ------------------ -------------- 2000 $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 $2,064,00029,000,000 2001 33,000,000 2002 38,000,000 2003 44,000,000 2004 50,000,000 2005 58,000,000

Minimum EBITDA. Borrower shall, on and as (a) The EBITDA of the Borrower and its Subsidiaries on a consolidated basis for the three month period ending date on the last day of each fiscal quarter set forth below maintain EBITDA of not less than indicated below, shall equal or exceed the amount set forth next to opposite such ending date of each fiscal quarterperiod: Fiscal Three Month Period ------------------ Ending on the Following Quarter Ending October 1997 Ends Minimum EBITDA ------------------------------------ -------------- September 30, 2000 $578,000 Fiscal Quarter Ending January 1998 300,000 December 31, 2000 $482,000 Fiscal Quarter Ending April 1998 600,000 March 3l, 2001 $745,000 Fiscal Quarter Ending July 1998 700,000 June 30, 2001 September 30, 2001 and thereafter $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 $2,064,000750,000

Minimum EBITDA. Borrower shall, on and as of Maintain at the ending date end of each fiscal quarter set forth below maintain of the -------------- Borrower Consolidated EBITDA of the Borrower and its Subsidiaries of not less than the amount set forth next to below for such ending date of each fiscal quarterquarter set forth below: Fiscal Minimum Quarter Ending On EBITDA ----------------- ------ October 31, 1997 $578,000 Fiscal Quarter Ending $ 4,500,000 January 31, 1998 $ 9,500,000 April 30, 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 $2,064,00013,000,000 and thereafter

Minimum EBITDA. Borrower shallshall have, on and as of the ending date end of each fiscal quarter set forth below maintain Fiscal Quarter described below, EBITDA of not less than the amount set forth next to opposite such ending date of each fiscal quarterFiscal Quarter: Fiscal Quarter Ending October 1997 Amount --------------------- ------- September 25, 1999 $578,000 1,500,000 for the Fiscal Quarter Ending January 1998 then ended December 25, 1999 $482,000 4,000,000 for the two (2) Fiscal Quarters then ended March 25, 2000 $7,500,000 for the three (3) Fiscal Quarters then ended June 24, 2000 and each $12,000,000 for the Fiscal Quarter Ending April 1998 $745,000 thereafter four (4) 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 $2,064,000Quarters then ended

Minimum EBITDA. Borrower shall, on and as As of the ending date end of each any fiscal quarter during the periods set forth below maintain below, permit EBITDA of not for such fiscal quarter to be less than the corresponding amount set forth next to such ending date of each fiscal quarterbelow: Fiscal Quarter Ending October 1997 Period Minimum EBITDA ------ -------------- Closing Date through and including September 29, 2002 $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 $2,064,0007,000,000

Minimum EBITDA. Borrower shall(i) EBITDA, on and as of the ending date last day of each fiscal quarter set forth below maintain EBITDA of not less the Borrower, shall be greater than or equal to the amount set forth next to such shown below for the period corresponding thereto: Fiscal quarter ending date 3/31/99 $2,350,000 Fiscal quarter ending 6/30/99 $4,750,000 Fiscal quarter ending 9/30/99 $5,920,000 (ii) As of the last day of each fiscal quarter: Fiscal Quarter Ending October 1997 quarter of the Borrower, beginning with the fiscal quarter ending December 31, 1999, either (A) EBITDA for such fiscal quarter shall be greater than or equal to $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 $2,064,0006,500,000 or (B) the Leverage Ratio shall be less than 3.0 to 1.0.

Minimum EBITDA. The Borrower shallwill, on and as of the ending date last day of each Fiscal Quarter commencing with the Fiscal Quarter ending September 30, 2004, have a Consolidated EBITDA for the four (4) consecutive fiscal quarter set forth below maintain EBITDA period of not less than Borrower then ended of at least the amount set forth next to such ending date sum of each fiscal quarter: Fiscal Quarter Ending October 1997 (a) $578,000 Fiscal Quarter Ending January 1998 30,000,000 plus (b) the lesser of (i) Fifty Percent (50%) of Acquired Cash Flow or (ii) $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 $2,064,00010,000,000.

Minimum EBITDA. Borrower shallThe Borrowers, on and a consolidated basis, shall not permit EBITDA to be less than the amounts set forth below for each of the fiscal quarters ending on the dates set forth below: Minimum EBITDA Fiscal Quarter End Date -------------- ----------------------- $3,900,000 June 30, 2000 $6,300,000 September 30, 2000 $4,600,000 December 31, 2000 In each case, EBITDA shall be determined as of the ending date last day of each fiscal quarter set forth below maintain EBITDA of not less than for the amount set forth next to fiscal quarter ending on such ending date of each fiscal 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 $2,064,000date."

Minimum EBITDA. Borrower shallshall for each trailing four fiscal quarter period ending on the dates set forth below, measured on and as of the ending date of each fiscal quarter set forth below maintain such dates, have EBITDA of not less than the amount set forth next to such ending date of each fiscal quarterdate: Fiscal Four Quarter Period Ending Amount ------------- ----------- October 1997 31, 1999 $ 4,250,000 January 30, 2000 $ 4,750,000 April 30, 2000 $ 5,800,000 July 30, 2000 $ 8,750,000 October 29, 2000 and thereafter $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 $2,064,00010,000,000."

Minimum EBITDA. Borrower shall, Lessee shall have for each Fiscal Quarter ending on and the last day of such Fiscal Quarter as of the ending date of each fiscal quarter set forth below maintain below, EBITDA for such period of not less than the amount set forth next to below opposite such ending date of each fiscal quarterFiscal Quarter: Fiscal Quarter Ending October 1997 March 31, 2003 $578,000 Fiscal Quarter Ending January 1998 1,200,000 June 30, 2003 $482,000 Fiscal Quarter Ending April 1998 2,400,000 September 30, 2003 $745,000 Fiscal Quarter Ending July 1998 2,400,000 December 31, 2003 and thereafter $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 $2,064,0002,600,000

Minimum EBITDA. Borrower shall, on and as EBITDA of the ending date Borrower and its Consolidated Subsidiaries for each of each fiscal quarter set forth below maintain EBITDA of not less than the following Fiscal Quarters shall be at least that amount set forth next to prescribed opposite such ending date of each fiscal quarterFiscal Quarter: Fiscal Quarter Ending October 1997 Ending: EBITDA --------------------- ------ December 31, 2000 $578,000 Fiscal Quarter Ending January 1998 17,900,000 April 4, 2001 $482,000 Fiscal Quarter Ending April 1998 17,700,000 July 1, 2001 $745,000 Fiscal Quarter Ending July 1998 20,000,000 September 30, 2001 $1,010,000 Fiscal Quarter Ending October 1998 15,000,000 December 30, 2001 $1,647,000 Fiscal Quarter Ending January 1999 19,000,000 March 31, 2002 $1,505,000 Fiscal Quarter Ending April 1999 $1,671,000 Fiscal Quarter Ending July 1999 $2,064,00017,000,000 and thereafter

Minimum EBITDA. Borrower shall, on and as EBITDA for each four fiscal quarter period of the Borrower ending date of during the periods set forth below shall not be less than the amounts set forth below: March 31, 2002 * June 30, 2002 * September 30, 2002 * December 31, 2002 and each fiscal quarter set forth below maintain EBITDA of not less than the amount set forth next to such ending date of each fiscal 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 $2,064,000end thereafter *

Minimum EBITDA. As of the last day of the fiscal quarter of Borrower shallending on January 31, on 2005 and as of the ending date last day of each fiscal quarter set forth below maintain of Borrower thereafter, the EBITDA of Borrower and its Subsidiaries for the immediately preceding four (4) consecutive fiscal quarters (treated as a single accounting period) shall be not less than the amount set forth next to such ending date of each fiscal quarter: Fiscal Quarter Ending October 1997 negative $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 $2,064,0002,950,000."

Minimum EBITDA. Borrower shall, on and as of shall have at the ending date end of each fiscal quarter Fiscal Quarter set forth below maintain for the indicated period then ended, a minimum EBITDA of not less than the amount as set forth next to such below: Twelve (12) consecutive Fiscal Months ending date on the last day of each fiscal quarter: Fiscal Quarter Ending October 1997 ending on and after September, 2005. $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 $2,064,0006,500,000

Minimum EBITDA. The Borrower shall, on and as of will not permit EBITDA for the ending date of each fiscal quarter ending on or about each date set forth below maintain EBITDA of not to be less than the amount set forth next to opposite such ending date of each fiscal quarterquarter below: Fiscal Quarter Ending October 1997 on or about Amount --------------------------------- ------ June 30, 2000 ($578,000 Fiscal Quarter Ending January 1998 12,000,000) September 30, 2000 ($ 2,000,000) December 31, 2000 $482,000 Fiscal Quarter Ending April 1998 10,000,000 March 31, 2001 $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 $2,064,00020,000,000 (t) Section 8 of the Credit Agreement is hereby further amended by inserting therein the following new Section 8.25:

Minimum EBITDA. Borrower shall, on and as As of the ending date end of each fiscal quarter set forth below maintain of the Borrower, beginning with the first fiscal quarter ending after the Third Amendment Effective Date, the Borrower will not permit EBITDA of not for the Borrower and its Subsidiaries to be less than the amount set forth next to below opposite such ending date of each fiscal quarterperiod: 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 $2,064,000quarter ending February 29, 2004 $ 15,000,000 Two fiscal quarters ending May 31, 2004 $ 42,500,000 Three fiscal quarters ending August 31, 2004 $ 75,000,000 Calculation Period ending November 30, 2004 and each Calculation Period thereafter $ 110,000,000 (c) A new Section 6.22.6 is hereby added as follows: