Common use of Minimum EBITDA Clause in Contracts

Minimum EBITDA. EBITDA of the Borrower and its Consolidated Subsidiaries for each of the following Fiscal Quarters shall be at least that amount prescribed opposite such Fiscal Quarter: Fiscal Quarter Ending: EBITDA --------------------- ------ December 31, 2000 $17,900,000 April 4, 2001 $17,700,000 July 1, 2001 $20,000,000 September 30, 2001 $15,000,000 December 30, 2001 $19,000,000 March 31, 2002 $17,000,000 and thereafter

Minimum EBITDA. Borrower shall 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 Borrower and its Consolidated Subsidiaries for each of the following Fiscal Quarters shall be at least that minimum amount prescribed set forth below opposite such Fiscal Quarterfiscal quarter ending date: Fiscal Quarter Ending: Ending Minimum EBITDA --------------------- ------ -------------- March 31, 1998 $5,500,000 June 30, 1998 $5,500,000 September 30, 1998 $6,000,000 December 31, 2000 1998 $17,900,000 April 46,000,000 March 31, 2001 1999 $17,700,000 July 16,500,000 June 30, 2001 1999 $20,000,000 6,500,000 September 30, 2001 1999 $15,000,000 December 30, 2001 $19,000,000 March 31, 2002 $17,000,000 and thereafter6,500,000

Minimum EBITDA. EBITDA As of the last day of each fiscal quarter of Borrower and its Consolidated Subsidiaries for each of ending during the following Fiscal Quarters relevant period set forth below, Borrower shall not permit the EBITDA to be at least that amount prescribed less than the corresponding ratio set forth opposite such Fiscal Quarterperiod: Fiscal Quarter Ending: EBITDA --------------------- ------ December 31, 2000 quarters ending on or about 12/31/24 and at all times thereafter $17,900,000 April 4, 2001 $17,700,000 July 1, 2001 $20,000,000 September 30, 2001 $15,000,000 December 30, 2001 $19,000,000 March 31, 2002 $17,000,000 and thereafter11,000,000.00

Minimum EBITDA. EBITDA of the Borrower and its Consolidated Subsidiaries Lessee shall have for each Fiscal Quarter ending on the last day of such Fiscal Quarter as set forth below, EBITDA for such period of not less than the following Fiscal Quarters shall be at least that amount prescribed set forth below opposite such Fiscal Quarter: Fiscal Quarter Ending: EBITDA --------------------- ------ March 31, 2003 $1,200,000 June 30, 2003 $2,400,000 September 30, 2003 $2,400,000 December 31, 2000 2003 and thereafter $17,900,000 April 4, 2001 $17,700,000 July 1, 2001 $20,000,000 September 30, 2001 $15,000,000 December 30, 2001 $19,000,000 March 31, 2002 $17,000,000 and thereafter2,600,000

Minimum EBITDA. EBITDA (i) EBITDA, as of the Borrower and its Consolidated Subsidiaries for last day of each fiscal quarter of the following Fiscal Quarters Borrower, shall be at least that greater than or equal to the amount prescribed opposite such Fiscal Quartershown below for the period corresponding thereto: Fiscal Quarter Ending: EBITDA --------------------- ------ quarter ending 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 of the Borrower, beginning with the fiscal quarter ending December 31, 2000 1999, either (A) EBITDA for such fiscal quarter shall be greater than or equal to $17,900,000 April 4, 2001 $17,700,000 July 1, 2001 $20,000,000 September 30, 2001 $15,000,000 December 30, 2001 $19,000,000 March 31, 2002 $17,000,000 and thereafter6,500,000 or (B) the Leverage Ratio shall be less than 3.0 to 1.0.

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 Borrower and its Consolidated Subsidiaries for amount set forth next to such ending date of each of the following Fiscal Quarters shall be at least that amount prescribed opposite such Fiscal Quarterfiscal quarter: Fiscal Quarter Ending: EBITDA --------------------- ------ December 31, 2000 Ending October 1997 $17,900,000 578,000 Fiscal Quarter Ending January 1998 $482,000 Fiscal Quarter Ending April 4, 2001 1998 $17,700,000 745,000 Fiscal Quarter Ending July 1, 2001 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 $17,000,000 and thereafter1,671,000 Fiscal Quarter Ending July 1999 $2,064,000

Minimum EBITDA. EBITDA for each four fiscal quarter period of the Borrower and its Consolidated Subsidiaries for each of ending during the following Fiscal Quarters periods set forth below shall not be at least that amount prescribed opposite such Fiscal Quarterless than the amounts set forth below: Fiscal Quarter Ending: EBITDA --------------------- ------ December 31, 2000 $17,900,000 April 4, 2001 $17,700,000 July 1, 2001 $20,000,000 September 30, 2001 $15,000,000 December 30, 2001 $19,000,000 March 31, 2002 $17,000,000 * June 30, 2002 * September 30, 2002 * December 31, 2002 and thereaftereach fiscal quarter end thereafter *

Minimum EBITDA. EBITDA The Borrower will, as of the Borrower and its Consolidated Subsidiaries for last day of each of the following Fiscal Quarters shall be at least that amount prescribed opposite such Fiscal Quarter: Fiscal Quarter Ending: EBITDA --------------------- ------ December 31, 2000 $17,900,000 April 4, 2001 $17,700,000 July 1, 2001 $20,000,000 commencing with the Fiscal Quarter ending September 30, 2001 2004, have a Consolidated EBITDA for the four (4) consecutive fiscal quarter period of Borrower then ended of at least the sum of (a) $15,000,000 December 30, 2001 30,000,000 plus (b) the lesser of (i) Fifty Percent (50%) of Acquired Cash Flow or (ii) $19,000,000 March 31, 2002 $17,000,000 and thereafter10,000,000.

Minimum EBITDA. EBITDA As of the Borrower end of any fiscal quarter during the periods set forth below, permit EBITDA for such fiscal quarter to be less than the corresponding amount set forth below: Period Minimum EBITDA ------ -------------- Closing Date through and its Consolidated Subsidiaries for each of the following Fiscal Quarters shall be at least that amount prescribed opposite such Fiscal Quarter: Fiscal Quarter Ending: EBITDA --------------------- ------ December 31, 2000 $17,900,000 April 4, 2001 $17,700,000 July 1, 2001 $20,000,000 including September 30, 2001 $15,000,000 December 30, 2001 $19,000,000 March 3129, 2002 $17,000,000 and thereafter7,000,000

Minimum EBITDA. (a) The EBITDA of the Borrower and its Consolidated Subsidiaries on a consolidated basis for the three month period ending on the last day of each of quarter indicated below, shall equal or exceed the following Fiscal Quarters shall be at least that amount prescribed set forth opposite such Fiscal Quarterperiod: Fiscal Three Month Period ------------------ Ending on the Following Quarter Ending: Ends Minimum EBITDA --------------------- ------ ------------------------------------ -------------- September 30, 2000 $300,000 December 31, 2000 $17,900,000 April 4600,000 March 3l, 2001 $17,700,000 July 1700,000 June 30, 2001 $20,000,000 September 30, 2001 and thereafter $15,000,000 December 30, 2001 $19,000,000 March 31, 2002 $17,000,000 and thereafter750,000

Minimum EBITDA. For each Fiscal Quarter commencing with the Fiscal Quarter ending June 30, 2003, Borrower shall have an EBITDA as of the Borrower and its Consolidated Subsidiaries for last day of each of the following Fiscal Quarters shall be at least that amount prescribed opposite such Fiscal Quarter, of not less than the amount set forth below: EBITDA For the Fiscal Quarter Ending: EBITDA --------------------- ------ ending shall not be less than ----------------------------- ----------------------- June 30, 2003 $765,000 September 30, 2003 $1,000,000 December 31, 2000 2003 $17,900,000 April 4, 2001 $17,700,000 July 1, 2001 $20,000,000 September 30, 2001 $15,000,000 December 30, 2001 $19,000,000 March 31, 2002 $17,000,000 and thereafter1,350,000

Minimum EBITDA. EBITDA As of the Borrower end of any fiscal quarter during the periods set forth below, permit EBITDA for such fiscal quarter to be less than the corresponding amount set forth below: Period Minimum EBITDA ------ -------------- Closing Date through and its Consolidated Subsidiaries for each of the following Fiscal Quarters shall be at least that amount prescribed opposite such Fiscal Quarter: Fiscal Quarter Ending: EBITDA --------------------- ------ December 31, 2000 $17,900,000 April 4, 2001 $17,700,000 July 1, 2001 $20,000,000 September 30, 2001 $15,000,000 including December 30, 2001 $19,000,000 5,500,000 December 31, 2001 through and including March 30, 2002 $6,000,000 March 31, 2002 through and including September 29, 2002 $17,000,000 and thereafter7,000,000

Minimum EBITDA. The Borrowers, on a consolidated basis, shall not permit EBITDA of to be less than the Borrower and its Consolidated Subsidiaries amounts set forth below for each of the following Fiscal Quarters shall be at least that amount prescribed opposite such Fiscal Quarterfiscal quarters ending on the dates set forth below: Minimum EBITDA Fiscal Quarter Ending: EBITDA --------------------- ------ End Date -------------- ----------------------- $3,900,000 June 30, 2000 $6,300,000 September 30, 2000 $4,600,000 December 31, 2000 $17,900,000 April 4In each case, 2001 $17,700,000 July 1, 2001 $20,000,000 September 30, 2001 $15,000,000 December 30, 2001 $19,000,000 March 31, 2002 $17,000,000 and thereafterEBITDA shall be determined as of the last day of each fiscal quarter for the fiscal quarter ending on such date."

Minimum EBITDA. Borrower shall have, as of the end of each Fiscal Quarter described below, EBITDA of not less than the Borrower and its Consolidated Subsidiaries for each of the following Fiscal Quarters shall be at least that amount prescribed set forth opposite such Fiscal Quarter: Fiscal Quarter Ending: EBITDA Ending Amount --------------------- ------ ------- September 25, 1999 $1,500,000 for the Fiscal Quarter then ended December 3125, 1999 $4,000,000 for the two (2) Fiscal Quarters then ended March 25, 2000 $17,900,000 April 7,500,000 for the three (3) Fiscal Quarters then ended June 24, 2000 and each $12,000,000 for the Fiscal Quarter thereafter four (4, 2001 $17,700,000 July 1, 2001 $20,000,000 September 30, 2001 $15,000,000 December 30, 2001 $19,000,000 March 31, 2002 $17,000,000 and thereafter) Fiscal Quarters then ended

Minimum EBITDA. Maintain at the end of each fiscal quarter of the -------------- Borrower Consolidated EBITDA of the Borrower and its Consolidated Subsidiaries of not less than the amount set forth below for each of the following Fiscal Quarters shall be at least that amount prescribed opposite such Fiscal Quarterfiscal quarter set forth below: Fiscal Minimum Quarter Ending: Ending On EBITDA --------------------- ----------------- ------ December October 31, 2000 $17,900,000 1997 $ 4,500,000 January 31, 1998 $ 9,500,000 April 4, 2001 $17,700,000 July 1, 2001 $20,000,000 September 30, 2001 1998 $15,000,000 December 30, 2001 $19,000,000 March 31, 2002 $17,000,000 13,000,000 and thereafter

Minimum EBITDA. EBITDA Borrower shall have at the end of the Borrower and its Consolidated Subsidiaries for each of the following Fiscal Quarters shall be at least that amount prescribed opposite such Fiscal Quarter: Fiscal Quarter Endingset forth below for the indicated period then ended, a minimum EBITDA as set forth below: EBITDA --------------------- ------ December 31Twelve (12) consecutive Fiscal Months ending on the last day of each Fiscal Quarter ending on and after September, 2000 2005. $17,900,000 April 4, 2001 $17,700,000 July 1, 2001 $20,000,000 September 30, 2001 $15,000,000 December 30, 2001 $19,000,000 March 31, 2002 $17,000,000 and thereafter6,500,000

Minimum EBITDA. Borrower shall for each trailing four fiscal quarter period ending on the dates set forth below, measured on and as of each such dates, have EBITDA of not less than the Borrower and its Consolidated Subsidiaries for each of the following Fiscal Quarters shall be at least that amount prescribed opposite set forth next to such Fiscal Quarterending date: Fiscal Four Quarter Ending: EBITDA --------------------- ------ December Period Ending Amount ------------- ----------- October 31, 2000 $17,900,000 April 4, 2001 $17,700,000 July 1, 2001 $20,000,000 September 1999 $ 4,250,000 January 30, 2001 $15,000,000 December 2000 $ 4,750,000 April 30, 2001 2000 $ 5,800,000 July 30, 2000 $ 8,750,000 October 29, 2000 and thereafter $19,000,000 March 31, 2002 $17,000,000 and thereafter10,000,000."

Minimum EBITDA. As of the end of each fiscal quarter of the Borrower, beginning with the first fiscal quarter ending after the Third Amendment Effective Date, the Borrower will not permit EBITDA of for the Borrower and its Consolidated Subsidiaries for each of to be less than the following Fiscal Quarters shall be at least that amount prescribed set forth below opposite such Fiscal Quarterperiod: Fiscal Quarter Ending: EBITDA --------------------- ------ December quarter ending February 29, 2004 $ 15,000,000 Two fiscal quarters ending May 31, 2000 $17,900,000 April 42004 $ 42,500,000 Three fiscal quarters ending August 31, 2001 $17,700,000 July 1, 2001 $20,000,000 September 2004 $ 75,000,000 Calculation Period ending November 30, 2001 $15,000,000 December 30, 2001 $19,000,000 March 31, 2002 $17,000,000 2004 and thereaftereach Calculation Period thereafter $ 110,000,000 (c) A new Section 6.22.6 is hereby added as follows:

Minimum EBITDA. (a) Borrower shall 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 Borrower and its Consolidated Subsidiaries for minimum amount set forth below opposite each of the following Fiscal Quarters shall be at least that amount prescribed opposite such Fiscal Quarterfiscal quarter ending date: Fiscal Quarter Ending: Ending Minimum EBITDA --------------------- ------ December 31, 2000 $17,900,000 April 4, 2001 $17,700,000 July 1, 2001 $20,000,000 September 30, 2001 $15,000,000 December 30, 2001 $19,000,000 -------------- March 31, 2002 1997 $17,000,000 2,000,000 June 30, 1997 $4,000,000 September 26, 1997 $5,500,000 December 26, 1997 and thereafterthe last day of each fiscal quarter thereafter $7,500,000"

Minimum EBITDA. EBITDA for each four fiscal quarter period of the Borrower and its Consolidated Subsidiaries for each of ending during the following Fiscal Quarters periods set forth below shall not be at least that amount prescribed opposite such Fiscal Quarterless than the amounts set forth below: Fiscal Quarter Ending: EBITDA --------------------- ------ December 31, 2000 $17,900,000 April 4, 2001 $17,700,000 July 1, 2001 $20,000,000 September 30, 2001 $15,000,000 December 30, 2001 $19,000,000 * March 31, 2002 $17,000,000 * June 30, 2002 * September 30, 2002 * December 31, 2002 and thereaftereach fiscal quarter end thereafter *

Minimum EBITDA. The Borrower will not permit EBITDA for the four fiscal quarter period ending at the end of each fiscal quarter of the Borrower and its Consolidated Subsidiaries for each of the following Fiscal Quarters shall set forth below to be at least that amount prescribed less than EBITDA set forth opposite such Fiscal Quarterdate: Fiscal Quarter Ending: Minimum Date EBITDA --------------------- ------ December 31, 2000 12/31/01 $17,900,000 April 4, 2001 17 million 3/31/02 $17,700,000 July 1, 2001 21.5 million 6/30/02 $20,000,000 September 30, 2001 28.2 million 9/30/02 $15,000,000 December 30, 2001 36.8 million 12/31/02 $19,000,000 March 31, 2002 $17,000,000 and thereafter49.6 million