Common use of Minimum EBITDA Clause in Contracts

Minimum EBITDA. If any Financial Covenant Period has commenced and is continuing, achieve EBITDA as of the end of the applicable period ended immediately preceding the date on which any such Financial Covenant Period commenced and as of the end of each applicable period ended during such Financial Covenant Period, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period ($11,800,000) For the 3 month period ending September 30, 2010 ($25,400,000) For the 6 month period ending December 31, 2010 ($38,500,000) For the 9 month period ending March 31, 2011 ($42,625,000) For the 12 month period ending June 30, 2011 ($27,619,000) For the 12 month period ending September 30, 2011 ($19,183,000) For the 12 month period ending December 31, 2011 ($5,877,000) For the 12 month period ending March 31, 2012 $10,389,000 For the 12 month period ending June 30, 2012 $24,229,000 For the 12 month period ending September 30, 2012 $39,760,000 For the 12 month period ending December 31, 2012 $50,080,000 For the 12 month period ending March 31, 2013 $57,120,000 For the 12 month period ending June 30, 2013 $62,240,000 For the 12 month period ending September 30, 2013 $64,800,000 For the 12 month period ending December 31, 2013 and for each 12 month period ended at the end of a fiscal quarter thereafter

Minimum EBITDA. If any Financial Covenant Period has commenced and is continuingAchieve EBITDA, achieve EBITDA as of the measured on a quarter-end of the applicable period ended immediately preceding the date on which any such Financial Covenant Period commenced and as of the end of each applicable period ended during such Financial Covenant Periodbasis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period ($11,800,000) For the 3 month period ending September 30, 2010 ($25,400,000) For the 6 month period ending December 31, 2010 ($38,500,000) For the 9 month period ending March 31, 2011 ($42,625,00044,300,000) For the 12 month period ending June 30endingon March 31, 2011 2017 ($27,619,00048,900,000) For the 12 month period ending September endingon June 30, 2011 2017 ($19,183,00051,000,000) For the 12 month period ending December 31endingon September 30, 2011 2017 ($5,877,00045,900,000) For the 12 month period ending March endingon December 31, 2012 2017 ($10,389,000 40,300,000) For the 12 month period ending June 30endingon March 31, 2012 2018 ($24,229,000 36,700,000) For the 12 month period ending September endingon June 30, 2012 2018 ($39,760,000 32,200,000) For the 12 month period ending December 31endingon September 30, 2012 2018 ($50,080,000 26,800,000) For the 12 month period ending March endingon December 31, 2013 2018 ($57,120,000 21,700,000) For the 12 month period ending June 30endingon March 31, 2013 2019 ($62,240,000 17,000,000) For the 12 month period ending September endingon June 30, 2013 2019 ($64,800,000 11,700,000) For the 12 month period ending endingon September 30, 2019 ($6,200,000) For the 12 month period endingon December 31, 2013 and for each 2019 $0 For the 12 month period ended at endingon March 31, 2020 $6,500,000 For the end of a fiscal quarter 12 month period endingon June 30, 2020 $14,000,000 For the 12 month period endingon September 30, 2020 $25,000,000 For the 12 month period endingon December 31, 2020 $30,000,000 For the 12 month period endingon March 31, 2021 and the 12 monthperiod ending each June 30,September 30, December 31and March 31 thereafter

Minimum EBITDA. If any Financial For each month ending during the period from the Closing Date through the Covenant Period has commenced and is continuingAdjustment Date, achieve EBITDA as of the end of the applicable period ended immediately preceding the date on which any such Financial Covenant Period commenced and as of the end of each applicable period ended during such Financial Covenant Period, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period ($11,800,00015,000,000) For the 3 three month period ending March 31, 2017 ($17,000,000) For the four month period ending April 30, 2017 ($21,000,000) For the five month period ending May 31, 2017 ($21,000,000) For the six month period ending June 30, 2017 ($20,000,000) For the seven month period ending July 31, 2017 ($18,000,000) For the eight month period ending August 31, 2017 ($12,000,000) For the nine month period ending September 30, 2010 2017 ($25,400,00011,000,000) For the 6 ten month period ending October 31, 2017 ($11,000,000) For the eleven month period ending November 30, 2017 ($5,000,000) For the twelve month period ending December 31, 2010 (2017 $38,500,000) 0 For the 9 twelve month period ending January 31, 2018 $0 For the twelve month period ending February 28, 2018 $5,000,000 For the twelve month period ending March 31, 2011 (2018 $42,625,000) 5,000,000 For the 12 twelve month period ending April 30, 2018 $5,000,000 For the twelve month period ending May 31, 2018 $20,000,000 For the twelve month period ending June 30, 2011 (2018 $27,619,000) 20,000,000 For the 12 twelve month period ending July 31, 2018 $20,000,000 For the twelve month period ending August 31, 2018 $20,000,000 For the twelve month period ending September 30, 2011 (2018 $19,183,000) 20,000,000 For the 12 twelve month period ending October 31, 2018 $20,000,000 For the twelve month period ending November 30, 2018 $25,000,000 For the twelve month period ending December 31, 2011 ($5,877,000) For the 12 2018 and each month period ending March 31, 2012 $10,389,000 For the 12 month period ending June 30, 2012 $24,229,000 For the 12 month period ending September 30, 2012 $39,760,000 For the 12 month period ending December 31, 2012 $50,080,000 For the 12 month period ending March 31, 2013 $57,120,000 For the 12 month period ending June 30, 2013 $62,240,000 For the 12 month period ending September 30, 2013 $64,800,000 For the 12 month period ending December 31, 2013 and for each 12 month period ended at the end of a fiscal quarter thereafter

Minimum EBITDA. If any Financial Covenant Period has commenced and is continuingBorrower shall achieve the following minimum EBITDA (or Adjusted EBITDA where indicated), achieve EBITDA as evidenced by the monthly financial statements delivered to Lender pursuant to Section 6(d) of the end of Schedule: Adjusted EBITDA for the applicable one month period ended immediately preceding the date on which any such Financial Covenant Period commenced and as of the end of each applicable June 30, 2024 $ 2,000,000 Adjusted EBITDA for two month period ended during such Financial Covenant PeriodJuly 31, of at least the required amount set forth in the following table 2024 $ 3,500,000 Adjusted EBITDA for two month period ended July 31, 2024, plus EBITDA for the applicable period set forth opposite thereto: Applicable Amount Applicable Period ($11,800,000) For the 3 one month period ending ended August 31, 2024 $ 5,000,000 Adjusted EBITDA for one month period ended July 31, 2024, plus EBITDA for the two month period ended September 30, 2010 ($25,400,000) 2024 $ 5,400,000 For the 6 three month period ending December ended October 31, 2010 ($38,500,000) 2024 $ 5,500,000 For the 9 three month period ending ended November 30, 2024 $ 5,800,000 For the three month period ended December 30, 2024 $ 6,000,000 For the three month period ended January 31, 2025 $ 6,800,000 For the three month period ended February 28, 2025 $ 5,800,000 For the three month period ended March 31, 2011 ($42,625,000) 2025 $ 5,400,000 For the 12 three month period ending ended April 30, 2025 $ 5,400,000 For the three month period ended May 31, 2025 $ 6,800,000 For the three month period ended June 30, 2011 ($27,619,000) 2025 $ 7,500,000 For the 12 three month period ending ended July 31, 2025 $ 8,100,000 For the three month period ended August 31, 2025 $ 7,900,000 For the three month period ended September 30, 2011 ($19,183,000) 2025 $ 8,500,000 For the 12 month period ending December 31, 2011 ($5,877,000) For the 12 month period ending March 31, 2012 $10,389,000 For the 12 month period ending June 30, 2012 $24,229,000 For the 12 month period ending September 30, 2012 $39,760,000 For the 12 month period ending December 31, 2012 $50,080,000 For the 12 month period ending March 31, 2013 $57,120,000 For the 12 month period ending June 30, 2013 $62,240,000 For the 12 month period ending September 30, 2013 $64,800,000 For the 12 month period ending December 31, 2013 and for each 12 three month period ended at October 31, 2025 $ 8,700,000 For the end of a fiscal quarter thereafterthree month period ended November 30, 2025 $ 8,800,000 For the three month period ended December 30, 2025 $ 9,000,000

Minimum EBITDA. If any Financial Covenant Period has commenced and is continuingFail to maintain or achieve EBITDA, achieve EBITDA as of the measured on a month-end of the applicable period ended immediately preceding the date on which any such Financial Covenant Period commenced and as of the end of each applicable period ended during such Financial Covenant Periodbasis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period ($11,800,000487,000) For the 1 month period ended April 30, 2004 ($212,000) For the 2 month period ending May 31, 2004 ($872,000) For the 3 month period ending September June 30, 2010 2004 ($25,400,0001,252,000) For the 4 month period ending July 31, 2004 Applicable Amount Applicable Period ($462,000) For the 5 month period ending August 31, 2004 $464,000 For the 6 month period ending December September 30, 2004 $1,455,000 For the 7 month period ending October 31, 2010 (2004 $38,500,000) 2,616,000 For the 8 month period ending November 30, 2004 $2,611,000 For the 9 month period ending December 31, 2004 $1,953,500 For the 10 month period ending January 31, 2005. $1,919,400 For the 11 month period ending February 28, 2005. $1,742,500 For the 12 month period ending March 31, 2011 (2005. $42,625,000) 1,990,300 For the 12 month period ending April 30, 2005. $906,500 For the 12 month period ending May 31, 2005. $781,000 For the 12 month period ending June 30, 2011 (2005. $27,619,000) 884,600 For the 12 month period ending July 31, 2005. $1,091,900 For the 12 month period ending August 31, 2005. $1,370,800 For the 12 month period ending September 30, 2011 (2005. $19,183,000) 1,501,000 For the 12 month period ending October 31, 2005. $1,519,500 For the 12 month period ending November 30, 2005. Applicable Amount Applicable Period $1,806,200 For the 12 month period ending December 31, 2011 (2005. $5,877,000) 3,951,800 For the 12 month period ending January 31, 2006. $4,073,900 For the 12 month period ending February 28, 2006. $3,768,300 For the 12 month period ending March 31, 2012 2006. $10,389,000 3,762,800 For the 12 month period ending April 30, 2006. $3,555,200 For the 12 month period ending May 31, 2006. $3,151,100 For the 12 month period ending June 30, 2012 2006. $24,229,000 3,164,100 For the 12 month period ending July 31, 2006. $3,173,000 For the 12 month period ending August 31, 2006. $3,213,700 For the 12 month period ending September 30, 2012 2006. $39,760,000 2,412,500 For the 12 month period ending October 31, 2006. $2,785,800 For the 12 month period ending November 30, 2006. $1,989,500 For the 12 month period ending December 31, 2012 2006. $50,080,000 9,381,000 For the 12 month period ending January 31, 2007. $9,891,000 For the 12 month period ending February 28, 2007. $9,372,000 For the 12 month period ending March 31, 2013 2007. $57,120,000 8,987,000 For the 12 month period ending April 30, 2007. Applicable Amount Applicable Period $7,894,000 For the 12 month period ending May 31, 2007. $7,807,000 For the 12 month period ending June 30, 2013 2007. $62,240,000 7,591,000 For the 12 month period ending July 31, 2007. $7,152,000 For the 12 month period ending August 31, 2007. $7,279,000 For the 12 month period ending September 30, 2013 2007. $64,800,000 6,920,000 For the 12 month period ending October 31, 2007. $7,725,000 For the 12 month period ending November 30, 2007. $5,551,000 For the 12 month period ending December 31, 2013 and for each 2007. An amount determined by Lender based upon the For the 12 month period ended at Projections delivered pursuant to Section 6.3(c); ending January 31, 2008 and each calendar month thereafter. provided that if Lender does not receive such Projections or Borrower and Lender cannot agree (for any reason) on covenants acceptable to Borrower and Lender, then the end of a fiscal quarter thereafterApplicable Amount shall be $4,000,000.

Minimum EBITDA. If any Financial Covenant Period has commenced and is continuingFail to maintain or achieve EBITDA, achieve EBITDA as of the measured on a month-end of the applicable period ended immediately preceding the date on which any such Financial Covenant Period commenced and as of the end of each applicable period ended during such Financial Covenant Periodbasis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period ($11,800,000) ----------------- ------------------------------------- $ 9,500,000 For the 3 nine-month period ending September 30, 2010 (2004 $25,400,000) 10,600,000 For the 6 10-month period ending October 31, 2004 $12,500,000 For the 11-month period ending November 30, 2004 $14,000,000 For the 12-month period ending December 31, 2010 (2004 $38,500,000) 15,000,000 For the 9 12-month period ending January 31, 2005 $15,200,000 For the 12-month period ending February 28, 2005 $15,300,000 For the 12-month period ending March 31, 2011 (2005 $42,625,000) 15,900,000 For the 12 12-month period ending April 30, 2005 $16,500,000 For the 12-month period ending May 31, 2005 $17,500,000 For the 12-month period ending June 30, 2011 (2005 $27,619,000) 18,500,000 For the 12 12-month period ending July 31, 2005 $19,500,000 For the 12-month period ending August 31, 2005 $20,000,000 For the 12-month period ending September 30, 2011 (2005 $19,183,000) 20,500,000 For the 12 12-month period ending October 31, 2005 $21,000,000 For the 12-month period ending November 30, 2005 $22,700,000 For the 12-month period ending December 31, 2011 (2005 $5,877,000) 22,700,000 For the 12 12-month period ending March 31, 2012 $10,389,000 For the 12 month period ending June 30, 2012 $24,229,000 For the 12 month period ending September 30, 2012 $39,760,000 For the 12 month period ending December 31, 2012 $50,080,000 For the 12 month period ending March 31, 2013 $57,120,000 For the 12 month period ending June 30, 2013 $62,240,000 For the 12 month period ending September 30, 2013 $64,800,000 For the 12 month period ending December 31, 2013 and for each 12 month period ended at the end of a fiscal quarter thereafter

Minimum EBITDA. If any Financial Covenant Period has commenced Parent and is continuingits Subsidiaries shall achieve EBITDA, achieve EBITDA as of the measured on a month-end of the applicable period ended immediately preceding the date on which any such Financial Covenant Period commenced and as of the end of each applicable period ended during such Financial Covenant Periodbasis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period $($11,800,000271,000) For the 3 1-month period ending June 30, 2014 $56,000 For the 2-month period ending July 31, 2014 $383,000 For the 3-month period ending August 31, 2014 $688,000 For the 4-month period ending September 30, 2010 (2014 $25,400,000) 991,000 For the 6 5-month period ending October 31, 2014 $1,279,000 For the 6-month period ending November 30, 2014 $1,538,000 For the 7-month period ending December 31, 2010 (2014 $38,500,000) 1,770,000 For the 9 8-month period ending January 31, 2015 $2,001,000 For the 9-month period ending February 28, 2015 $2,296,000 For the 10-month period ending March 31, 2011 (2015 $42,625,000) 2,553,000 For the 12 11-month period ending April 30, 2015 $2,789,000 For the 12-month period ending May 31, 2015 (b) CAPITAL EXPENDITURES. Parent and its Subsidiaries shall not make Capital Expenditures, measured on a month-end basis, in excess of the maximum amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period $200,000 For the 1-month period ending June 30, 2011 (2014 $27,619,000) 250,000 For the 12 2-month period ending July 31, 2014 $300,000 For the 3-month period ending August 31, 2014 $350,000 For the 4-month period ending September 30, 2011 (2014 $19,183,000) 400,000 For the 12 5-month period ending October 31, 2014 $450,000 For the 6-month period ending November 30, 2014 $500,000 For the 7-month period ending December 31, 2011 (2014 $5,877,000) 575,000 For the 12 8-month period ending January 31, 2015 $650,000 For the 9-month period ending February 28, 2015 $725,000 For the 10-month period ending March 31, 2012 2015 $10,389,000 800,000 For the 12 11-month period ending April 30, 2015 $875,000 For the 12-month period ending May 31, 2015 (c) FIXED CHARGE COVERAGE RATIO. Parent and its Subsidiaries shall maintain a Fixed Charge Coverage Ratio measured monthly on a trailing twelve month basis at the end of each month, beginning with the month ending June 30, 2012 $24,229,000 For the 12 month period ending September 30, 2012 $39,760,000 For the 12 month period ending December 31, 2012 $50,080,000 For the 12 month period ending March 31, 2013 $57,120,000 For the 12 month period ending June 30, 2013 $62,240,000 For the 12 month period ending September 30, 2013 $64,800,000 For the 12 month period ending December 31, 2013 and for each 12 month period ended at the end 2015 of a fiscal quarter thereafternot less than 1.25 to 1.00.

Minimum EBITDA. If any Financial Covenant Period has commenced and is continuing“(a) Minimum EBITDA. Fail to achieve EBITDA, achieve EBITDA as of the measured on a month end of the applicable period ended immediately preceding the date on which any such Financial Covenant Period commenced and as of the end of each applicable period ended during such Financial Covenant Periodbasis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period $($11,800,0003,800,000) For the 3 7 month period ending September 30July 31, 2010 2007 $($25,400,0004,330,000) For the 6 8 month period ending December August 31, 2010 2007 $($38,500,0004,600,000) For the 9 month period ending March 31September 30, 2011 2007 $($42,625,0004,600,000) For the 12 10 month period ending June 30October 31, 2011 2007 $($27,619,0004,500,000) For the 12 11 month period ending September November 30, 2011 2007 $($19,183,0003,400,000) For the 12 month period ending December 31, 2011 2007 $(2,000,000) For the 12 month period ending January 31, 2008 $5,877,000) 1,500,000 For the 12 month period ending February 29, 2008 $5,000,000 For the 12 month period ending March 31, 2012 2008 $10,389,000 7,000,000 For the 12 month period ending April 30, 2008 $9,000,000 For the 12 month period ending May 31, 2008 $11,000,000 For the 12 month period ending June 30, 2012 2008 $24,229,000 14,500,000 For the 12 month period ending July 31, 2008 $16,000,000 For the 12 month period ending August 31, 2008 $18,000,000 For the 12 month period ending September 30, 2012 2008 $39,760,000 20,000,000 For the 12 month period ending October 31, 2008 $21,000,000 For the 12 month period ending November 30, 2008 $23,500,000 For the 12 month period ending December 31, 2012 2008 $50,080,000 23,250,000 For the 12 month period ending January 31, 2009 $23,250,000 For the 12 month period ending February 29, 2009 $24,750,000 For the 12 month period ending March 31, 2013 2009 $57,120,000 24,750,000 For the 12 month period ending June April 30, 2013 2009 $62,240,000 24,750,000 For the 12 month period ending September 30, 2013 $64,800,000 For the 12 month period ending December May 31, 2013 and for each 12 month period ended at the end of a fiscal quarter thereafter2009

Minimum EBITDA. If any Financial Covenant Period has commenced and is continuingEBITDA, achieve EBITDA as of the measured on a month-end of the applicable period ended immediately preceding the date on which any such Financial Covenant Period commenced and as of the end of each applicable period ended during such Financial Covenant Periodbasis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto; provided, however, that, with respect to any Applicable Period, so long as (a) no Default or Event of Default shall have occurred and be continuing and (b) no Triggering Event Date has occurred prior to the commencement of such Applicable Period, the foregoing covenant shall not apply for such Applicable Period: Applicable Amount Applicable Period $ ($11,800,0001,500,000 ) For the 3 3-month period ending March 31, 2004 $ (1,975,000 ) For the 4-month period ending April 30, 2004 $ (2,425,000 ) For the 5-month period ending May 31, 2004 $ (3,175,000 ) For the 6-month period ending June 30, 2004 $ (3,675,000 ) For the 7-month period ending July 31, 2004 $ (4,275,000 ) For the 8-month period ending August 31, 2004 $ (4,925,000 ) For the 9-month period ending September 30, 2010 2004 $ ($25,400,0004,950,000 ) For the 6 10-month period ending October 31, 2004 $ (3,425,000 ) For the 11-month period ending November 30, 2004 $ 450,000 For the 12-month period ending December 31, 2010 ($38,500,000) 2004 $ 450,000 For the 9 12-month period ending March 31each month thereafter Lender, 2011 ($42,625,000) For in its sole discretion, may notify Borrower that such covenant shall not apply for any Applicable Period, notwithstanding the 12 month period ending June 30, 2011 ($27,619,000) For the 12 month period ending September 30, 2011 ($19,183,000) For the 12 month period ending December 31, 2011 ($5,877,000) For the 12 month period ending March 31, 2012 $10,389,000 For the 12 month period ending June 30, 2012 $24,229,000 For the 12 month period ending September 30, 2012 $39,760,000 For the 12 month period ending December 31, 2012 $50,080,000 For the 12 month period ending March 31, 2013 $57,120,000 For the 12 month period ending June 30, 2013 $62,240,000 For the 12 month period ending September 30, 2013 $64,800,000 For the 12 month period ending December 31, 2013 and for each 12 month period ended at the end occurrence of a fiscal quarter thereafterany Default or Event of Default or any Triggering Event Date.

Minimum EBITDA. If any Financial Covenant Period has commenced and is continuingAchieve EBITDA, achieve EBITDA as of the measured on a quarter-end of the applicable period ended immediately preceding the date on which any such Financial Covenant Period commenced and as of the end of each applicable period ended during such Financial Covenant Periodbasis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period ($11,800,000) 11,000,000 For the 3 month period ending September 30, 2010 ($25,400,000) For the 6 month period ending December 31, 2010 ($38,500,000) For the 9 month period ending March 31, 2011 ($42,625,000) For the 12 month period ending June 30, 2011 ($27,619,000) For the 12 month period ending September 30, 2011 ($19,183,000) For the 12 month period ending December 31, 2011 ($5,877,000) For the 12 month period ending March 31, 2012 $10,389,000 For the 12 month period ending June 30, 2012 $24,229,000 For the 12 month period ending September 30, 2012 $39,760,000 For the 12 month period ending December 31, 2012 $50,080,000 For the 12 twelve month period ending March 31, 2013 $57,120,000 11,000,000 For the 12 twelve month period ending June 30, 2013 $62,240,000 11,000,000 For the 12 twelve month period ending September 30, 2013 $64,800,000 20,000,000 For the 12 twelve month period ending December 31, 2013 $24,200,000 For the twelve month period ending March 31, 2014 $25,300,000 For the twelve month period ending June 30, 2014 $26,400,000 For the twelve month period ending September 30, 2014 $27,500,000 For the twelve month period ending December 31, 2014 $29,700,000 For the twelve month period ending March 31, 2015 $30,800,000 For the twelve month period ending June 30, 2015 $31,900,000 For the twelve month period ending September 30, 2015 $33,000,000 For the twelve month period ending December 31, 2015 $35,200,000 For the twelve month period ending March 31, 2016 $36,300,000 For the twelve month period ending June 30, 2016 $37,400,000 For the twelve month period ending September 30, 2016 $38,500,000 For the twelve month period ending December 31, 2016 and for each 12 twelve month period ended at ending on the end last day of a each fiscal quarter thereafter

Minimum EBITDA. If any Financial Covenant Period has commenced and is continuing, achieve EBITDA as of the end of the applicable period ended immediately preceding the date on which any such Financial Covenant Period commenced and as of the end of each applicable period ended during such Financial Covenant Period, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period ($11,800,000$ 11,600,000 ) For the month ending August 31, 2009 ($ 19,600,000 ) For the 2 month period ending September 30, 2009 ($ 25,600,000 ) For the 3 month period ending October 31, 2009 ($ 31,100,000 ) For the 4 month period ending November 30, 2009 ($ 36,500,000 ) For the 5 month period ending December 31, 2009 ($ 41,900,000 ) For the 6 month period ending January 31, 2010 ($ 48,800,000 ) For the 7 month period ending February 28, 2010 ($ 55,800,000 ) For the 8 month period ending March 31, 2010 ($ 62,700,000 ) For the 9 month period ending April 30, 2010 Applicable Amount Applicable Period ($ 68,400,000 ) For the 10 month period ending May 31, 2010 ($ 74,100,000 ) For the 11 month period ending June 30, 2010 ($ 79,700,000 ) For the 12 month period ending July 31, 2010 ($ 74,400,000 ) For the 12 month period ending August 31, 2010 ($ 69,100,000 ) For the 12 month period ending September 30, 2010 ($25,400,000$ 63,700,000 ) For the 6 12 month period ending October 31, 2010 ($ 66,900,000 ) For the 12 month period ending November 30, 2010 ($ 70,100,000 ) For the 12 month period ending December 31, 2010 ($38,500,000$ 73,300,000 ) For the 9 12 month period ending January 31, 2011 ($ 66,900,000 ) For the 12 month period ending February 28, 2011 ($ 60,500,000 ) For the 12 month period ending March 31, 2011 ($42,625,000$ 54,000,000 ) For the 12 month period ending April 30, 2011 ($ 38,100,000 ) For the 12 month period ending May 31, 2011 Applicable Amount Applicable Period ($ 22,100,000 ) For the 12 month period ending June 30, 2011 ($27,619,000$ 6,100,000 ) For the 12 month period ending July 31, 2011 ($ 2,300,000 ) For the 12 month period ending August 31, 2011 $ 1,500,000 For the 12 month period ending September 30, 2011 ($19,183,000) $ 5,300,000 For the 12 month period ending October 31, 2011 $ 6,700,000 For the 12 month period ending November 30, 2011 $ 8,100,000 For the 12 month period ending December 31, 2011 ($5,877,000) $ 9,500,000 For the 12 month period ending January 31, 2012 $ 13,500,000 For the 12 month period ending February 28, 2012 $ 17,500,000 For the 12 month period ending March 31, 2012 $10,389,000 $ 21,500,000 For the 12 month period ending April 30, 2012 $ 29,100,000 For the 12 month period ending May 31, 2012 $ 36,600,000 For the 12 month period ending June 30, 2012 $24,229,000 Applicable Amount Applicable Period $ 44,100,000 For the 12 month period ending July 31, 2012 $ 48,000,000 For the 12 month period ending August 31, 2012 $ 52,000,000 For the 12 month period ending September 30, 2012 $39,760,000 $ 55,900,000 For the 12 month period ending October 31, 2012 $ 58,900,000 For the 12 month period ending November 30, 2012 $ 61,800,000 For the 12 month period ending December 31, 2012 $50,080,000 $ 64,700,000 For the 12 month period ending January 31, 2013 $ 69,100,000 For the 12 month period ending February 28, 2013 $ 73,600,000 For the 12 month period ending March 31, 2013 $57,120,000 $ 78,000,000 For the 12 month period ending April 30, 2013 $ 84,500,000 For the 12 month period ending May 31, 2013 $ 90,900,000 For the 12 month period ending June 30, 2013 $62,240,000 For the 12 month period ending September 30, 2013 $64,800,000 For the 12 month period ending December 31, 2013 and for each 12 month period ended at the end of a fiscal quarter thereafter2013

Minimum EBITDA. If any Financial Covenant Period has commenced and is continuing, achieve The Borrower Parties shall not permit the EBITDA as of the end of Borrower Parties be less than the applicable period ended immediately preceding the date on which any such Financial Covenant Period commenced and as of the end of each applicable period ended during such Financial Covenant Period, of at least the required amount amounts set forth in the following table below for the applicable period periods set forth opposite theretoin such table: Applicable Amount Applicable Period Minimum EBITDA: Twelve month period ending June 30, 2006 $ ($11,800,00012,200,000 ) For the 3 Twelve month period ending July 31, 2006 $ (9,250,000 ) Twelve month period ending August 31, 2006 $ (7,070,000 ) Twelve month period ending September 30, 2010 2006 $ ($25,400,0009,680,000 ) For the 6 Twelve month period ending October 31, 2006 $ (7,580,000 ) Twelve month period ending November 30, 2006 $ (3,596,000 ) Twelve month period ending December 31, 2010 2006 $ ($38,500,000789,000 ) For the 9 Twelve month period ending January 31, 2007 $ (59,000 ) Twelve month period ending February 28, 2007 $ 3,583,000 Twelve month period ending March 31, 2011 ($42,625,000) For the 12 2007 $ 3,813,000 Twelve month period ending April 30, 2007 $ 5,521,000 Twelve month period ending May 31, 2007 $ 5,922,000 Twelve month period ending June 30, 2011 ($27,619,000) For the 12 2007 $ 5,520,000 Twelve month period ending July 31, 2007 $ 6,721,000 Twelve month period ending August 31, 2007 $ 7,118,000 Twelve month period ending September 30, 2011 ($19,183,000) For the 12 month period ending December 31, 2011 ($5,877,000) For the 12 month period ending March 31, 2012 $10,389,000 For the 12 month period ending June 30, 2012 $24,229,000 For the 12 month period ending September 30, 2012 $39,760,000 For the 12 month period ending December 31, 2012 $50,080,000 For the 12 month period ending March 31, 2013 $57,120,000 For the 12 month period ending June 30, 2013 $62,240,000 For the 12 month period ending September 30, 2013 $64,800,000 For the 12 month period ending December 31, 2013 and for each 12 month period ended at the end of a fiscal quarter thereafter2007 $ 7,929,000

Minimum EBITDA. If any Financial Covenant Period has commenced and is continuingAchieve EBITDA, achieve EBITDA as of the measured on a quarter-end of the applicable period ended immediately preceding the date on which any such Financial Covenant Period commenced and as of the end of each applicable period ended during such Financial Covenant Periodbasis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period ($11,800,000) 11,000,000 For the 3 month period ending September 30, 2010 ($25,400,000) For the 6 month period ending December 31, 2010 ($38,500,000) For the 9 month period ending March 31, 2011 ($42,625,000) For the 12 month period ending June 30, 2011 ($27,619,000) For the 12 month period ending September 30, 2011 ($19,183,000) For the 12 month period ending December 31, 2011 ($5,877,000) For the 12 month period ending March 31, 2012 $10,389,000 For the 12 month period ending June 30, 2012 $24,229,000 For the 12 month period ending September 30, 2012 $39,760,000 For the 12 month period ending December 31, 2012 $50,080,000 For the 12 twelve month period ending March 31, 2013 $57,120,000 11,000,000 For the 12 twelve month period ending June 30, 2013 $62,240,000 11,000,000 For the 12 twelve month period ending September 30, 2013 $64,800,000 20,000,000 For the 12 twelve month period ending December 31, 2013 $22,000,000 For the twelve month period ending March 31, 2014 $23,000,000 For the twelve month period ending June 30, 2014 $24,000,000 For the twelve month period ending September 30, 2014 $25,000,000 For the twelve month period ending December 31, 2014 $27,000,000 For the twelve month period ending March 31, 2015 $28,000,000 For the twelve month period ending June 30, 2015 $29,000,000 For the twelve month period ending September 30, 2015 $30,000,000 For the twelve month period ending December 31, 2015 $32,000,000 For the twelve month period ending March 31, 2016 $33,000,000 For the twelve month period ending June 30, 2016 $34,000,000 For the twelve month period ending September 30, 2016 $35,000,000 For the twelve month period ending December 31, 2016 and for each 12 twelve month period ended at ending on the end last day of a each fiscal quarter thereafter