Common use of Minimum Fixed Charge Coverage Ratio Clause in Contracts

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the Fixed Charge Coverage Ratio, determined as of the end of each of the fiscal quarters occurring during the periods set forth below for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be less than the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 to 1.00 June 30, 2013 through and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter 1.25 to 1.00

Minimum Fixed Charge Coverage Ratio. The Borrower will shall not permit permit, for the fiscal quarter ending March 31, 2001, the two consecutive fiscal quarters ending June 30, 2001, the three consecutive fiscal quarters ending September 30, 2001 and each period of four consecutive fiscal quarters ending thereafter, the Fixed Charge Coverage Ratio, determined as of the end of each of the fiscal quarters occurring during the periods set forth below for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, Ratio to be less than the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 to 1.00 June 30, 2013 through and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter 1.25 to 1.001.10:1.00.

Minimum Fixed Charge Coverage Ratio. The Borrower will shall not permit the Fixed Charge Coverage Ratio, determined calculated as of the end of each of fiscal quarter for the four fiscal quarter period ending on such date, commencing with the fiscal quarters occurring during the periods set forth below for the period of four (4) consecutive fiscal quarters quarter ending with the end of such fiscal quarterSeptember 30, all calculated for the Borrower and its Subsidiaries on a consolidated basis2014, to be less than the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 to 1.00 June 30, 2013 through and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter 1.25 to 1.001.0.

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the Fixed Charge Coverage Ratio, determined as of and its Subsidiaries shall have on a consolidated basis at the end of each of the fiscal quarters occurring during the periods Fiscal Quarter set forth below below, a Fixed Charge Coverage Ratio for the 12-month period then ended of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be not less than the following: Period Fiscal Quarter ending Minimum Fixed Charge Coverage Ratio First Amendment Effective Date through and including June 29--------------------- ----------------------------------- September 30, 2013 1.15 to 1.00 2003 0.65 December 31, 2003 0.55 March 31, 2004 0.60 June 30, 2013 through 2004 0.70 September 30, 2004 1.00 December 31, 2004 1.05 March 31, 2005 1.10 June 30, 2005 1.15 September 30, 2005 and including September 28, 2013 1.20 to 1.00 September 29, 2013 and each Fiscal Quarter ending thereafter 1.25 to 1.001.20

Minimum Fixed Charge Coverage Ratio. The Borrower will shall not permit the Fixed Charge Coverage Ratio, determined as of the end of each of the fiscal quarters occurring during the periods set forth below for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, Ratio to be less than 1.50:1.00 (a) for the following: Period Ratio First Amendment Effective Date through and including June 29period consisting of one Fiscal Quarter ending Mxxxx 00, 2013 1.15 to 1.00 0000, (x) for the period consisting of two consecutive Fiscal Quarters ending June 30, 2013 through 2014, (c) for the period consisting of three consecutive Fiscal Quarters ending September 30, 2014 and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter 1.25 to 1.00(b) for each period consisting of four consecutive Fiscal Quarters ending thereafter.

Minimum Fixed Charge Coverage Ratio. The Borrower will shall not permit the Fixed Charge Coverage Ratio, determined as of the end of each of the fiscal quarters occurring during the periods set forth below for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, Ratio to be less than the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 (a) 0.90 to 1.00 June 30at the end of the third Fiscal Quarter of Fiscal Year 2002, 2013 through and including September 28, 2013 1.20 (b) 0.80 to 1.00 September 29at the end of the fourth Fiscal Quarter of Fiscal Year 2002, 2013 (c) 0.75 to 1.00 at the end of the first Fiscal Quarter of Fiscal Year 2003, (d) 0.70 to 1.00 at the end of the second Fiscal Quarter of Fiscal Year 2003 and thereafter 1.25 (e) 1.00 to 1.001.00 at the end of any Fiscal Quarter thereafter.

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the ratio (the "Fixed Charge Coverage Ratio"), determined as of the end of each of the its fiscal quarters occurring during the periods set forth below ending on and after June 30, 2005 for the period of four (4) 4 consecutive fiscal quarters ending with the end of such fiscal quarter, of (i) Consolidated EBITDAR to (ii) Consolidated Fixed Charges, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be less than the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 1.75 to 1.00 June 30, 2013 through and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter 1.25 to 1.001.0.

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the Fixed Charge Coverage Ratio, determined as of the end of each of the fiscal quarters occurring during the periods set forth below for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be less than the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 1.04 to 1.00 June 30, 2013 through and including September 28, 2013 1.20 1.08 to 1.00 September 29, 2013 and thereafter 1.25 1.13 to 1.00

Minimum Fixed Charge Coverage Ratio. The Borrower and its Subsidiaries will not permit the Fixed Charge Coverage Ratio, determined Ratio calculated as of the end of each fiscal quarter of the fiscal quarters occurring Borrower during the periods set forth below for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, then ended to be less than the following: Period Ratio First Amendment Effective Date ratio of (a) 1.35 to 1.00, from and including October 31, 2008 through and including June 29April 30, 2013 1.15 2009 and (b) 1.50 to 1.00 June 30, 2013 through from and including September 28July 31, 2013 1.20 to 1.00 September 29, 2013 2009 and thereafter 1.25 to 1.00thereafter.

Minimum Fixed Charge Coverage Ratio. The Borrower As of the end of each fiscal quarter, commencing with the end of the fiscal quarter ending March 31, 2003, the Guarantor will not permit the Fixed Charge Coverage Ratio, determined Ratio (as of such term is defined in the end of each of the fiscal quarters occurring during the periods set forth below for the period of four (4Caraustar Credit Agreement) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be less than the followingthan: Period Ratio First Amendment Effective Date through and including June 29fiscal quarter ending March 31, 2013 1.15 to 1.00 2003 0.95:1.0 fiscal quarter ending June 30, 2013 through 2003 0.85:1.0 fiscal quarter ending September 30, 2003 0.85:1.0 fiscal quarter ending December 31, 2003 1.05:1.0 fiscal quarter ending March 31, 2004 and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter 1.25 to 1.00each 1.50:1.0 fiscal quarter thereafter

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the Fixed Charge Coverage Ratio, as determined as of the end last day of each fiscal quarter of the fiscal quarters occurring during the periods Borrower set forth below for the twelve month period of four ending on such date (4) consecutive fiscal quarters ending with or if the end of period from January 1, 1997 to such fiscal quarterdate is less than twelve months, all calculated for the Borrower and its Subsidiaries on a consolidated basissuch shorter period), to shall not be less than the followingminimum ratio set forth opposite such fiscal quarter: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 to 1.00 June 30, 2013 through and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter 1.25 to 1.00Fiscal Quarter Minimum Ratio

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the and its Consolidated Subsidiaries shall maintain a Fixed Charge Coverage Ratio, as determined as of the end last day of each Fiscal Quarter set forth below, for the four Fiscal Quarters ending on such day, of at least the fiscal quarters occurring during the periods minimum ratio set forth below for the period of four (4) consecutive fiscal quarters ending with the end of opposite such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be less than the followingFiscal Quarter: Period Ratio First Amendment Effective Date through and including June 29FISCAL QUARTER ENDING MINIMUM FIXED CHARGE COVERAGE RATIO December 31, 2013 1.15 2.50 to 1.00 1 March 31, 2014 3.10 to 1 June 30, 2013 through and including 2014 3.60 to 1 September 2830, 2013 1.20 2014 4.00 to 1.00 1 December 31, 2014 2.50 to 1 March 31, 2015 2.00 to 1 June 30, 2015 1.60 to 1 September 2930, 2013 2015 and thereafter 1.25 1.30 to 1.001

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the Fixed Charge Coverage Ratio, determined as of and its Subsidiaries shall have on a consolidated basis at the end of each of the fiscal quarters occurring during the periods Fiscal Quarter set forth below below, a Fixed Charge Coverage Ratio for the 12-month period then ended of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be not less than the following: Period Fiscal Quarter ending Minimum Fixed Charge Coverage Ratio First Amendment Effective Date through and including June 29September 30, 2013 1.15 to 1.00 2003 0.65 December 31, 2003 0.55 March 31, 2004 0.60 June 30, 2013 through 2004 0.70 September 30, 2004 0.85 December 31, 2004 1.00 March 31, 2005 1.05 June 30, 2005 1.10 September 30, 2005 and including September 28, 2013 1.20 to 1.00 September 29, 2013 and each Fiscal Quarter ending thereafter 1.25 to 1.001.20

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the Fixed Charge Coverage Ratio, determined as of the end of each of the fiscal quarters occurring during the periods set forth below for the any period of four (4) consecutive fiscal quarters ending on the last day of any fiscal quarter (commencing with the end of such fiscal quarterquarter ending June 30, all calculated for the Borrower and its Subsidiaries on a consolidated basis, 2016) to be less than the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 to 1.00 June 30, 2013 through and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter 1.25 2.50 to 1.00.

Minimum Fixed Charge Coverage Ratio. The Borrower will shall not permit the Fixed Charge Coverage Ratio, determined as of Ratio to be less than the end of each of the fiscal quarters occurring during the periods ratio set forth below for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be less than the followingperiods specified below: Period Ratio First Amendment ---------------------------------------------------------------------------------------- Restatement Effective Date through and including June 29December 31, 2013 1.15 2003 2.75 to 1.00 June 30January 1, 2013 2004 through and including September 28December 31, 2013 1.20 2004 3.25 to 1.00 September 29, 2013 and thereafter 1.25 Thereafter 3.50 to 1.00

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the Fixed Charge Coverage Ratio, determined as of the end of each of the its fiscal quarters occurring during the periods set forth below ending on and after September 30, 2005, for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarterthen ending, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be less than the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 2.0 to 1.00 June 30, 2013 through and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter 1.25 to 1.001.0.

Minimum Fixed Charge Coverage Ratio. The Borrower will shall not permit the Fixed Charge Coverage Ratio, determined as of the end of each of the fiscal quarters occurring during the periods set forth below for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, Ratio to be less than (a) 1.0 to 1 for any fiscal quarter ending during the following: Period Ratio First Amendment Effective period from the Agreement Date through and including June 29, 2013 1.15 to 1.00 June 30, 2013 through 2001 and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter (b) 1.25 to 1.001 for any fiscal quarter thereafter.

Minimum Fixed Charge Coverage Ratio. The Borrower will shall not permit permit, as of the last day of any Fiscal Quarter of the Borrower, the Fixed Charge Coverage Ratio, determined as Ratio of the end of each of the fiscal quarters occurring during the periods set forth below Loan Parties, on a consolidated basis, for the period of most recent ended four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, Fiscal Quarters to be less than than: (i) 1.85 to 1.00 beginning February 3, 2007, and as of the following: Period Ratio First Amendment Effective Date last day of each Fiscal Quarter thereafter, through and including June 29the Fiscal Quarter ending October 31, 2013 1.15 to 1.00 June 30, 2013 through 2009; and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter 1.25 to 1.00(ii)

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the Borrowers shall maintain a Fixed Charge Coverage Ratio, determined as Ratio of not less than the end of each of the fiscal quarters occurring during the periods ratio set forth below for the period corresponding thereto: Period Ratio ------ ----- 1st Fiscal Quarter of 2001 .95 to 1 1st two Fiscal Quarters of 2001 .85 to 1 1st three Fiscal Quarters of 2001 .90 to 1 Fiscal Year 2001 1.0 to 1 On a four (4) consecutive fiscal quarters ending with Fiscal Quarter rolling basis, 1.0 to 1 tested at the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be less than the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 to 1.00 June 30, 2013 through and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter 1.25 to 1.00each Fiscal Quarter after Fiscal Year 2001

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the Fixed Charge Coverage Ratio, determined as of the end of each of the its fiscal quarters occurring during the periods set forth below ending before March 31, 2008 for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarterthen ending, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be less than 2.0 to 1.0, or for each of its fiscal quarters ending on and after March 31, 2008, for the following: Period Ratio First Amendment Effective Date through period of four (4) consecutive fiscal quarters then ending, calculated for the Borrower and including June 29its Subsidiaries on a consolidated basis, 2013 1.15 to 1.00 June 30, 2013 through and including September 28, 2013 1.20 be less than 2.25 to 1.00 September 29, 2013 and thereafter 1.25 to 1.001.0.

Minimum Fixed Charge Coverage Ratio. The Borrower will Parent and Borrowers, taken as a whole, shall not permit the their Fixed Charge Coverage Ratio, determined as of the end of each of the fiscal quarters occurring during the periods set forth below for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, Ratio to be less than (i) 1.00 to 1.00, for the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 to 1.00 Fiscal Quarters ending June 30, 2013 through 2016, September 30, 2016 and including September 28December 31, 2013 1.20 to 1.00 September 292016, 2013 and thereafter 1.25 (ii) 1.05 to 1.00, for the Fiscal Quarter ending March 31, 2017, and for each Fiscal Quarter thereafter, each measured on the last day of the applicable Fiscal Quarter on a trailing twelve (12) month basis.

Minimum Fixed Charge Coverage Ratio. The Borrower Borrower, as of the close of any fiscal quarter of the Borrower, will not permit the its Fixed Charge Coverage Ratio, determined as of the end of each of the fiscal quarters occurring during the periods set forth below for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, ratio to be less than (i) 1.0 to 1 for each of the following: Period Ratio First Amendment Effective Date through Borrower's fiscal quarters ended September 30, 1998, December 31, 1998, March 31, 1999 and including June 29, 2013 1.15 to 1.00 June 30, 2013 through 1999, and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter (ii) 1.25 to 1.001 for each fiscal quarter of the Borrower thereafter.

Minimum Fixed Charge Coverage Ratio. The Borrower will shall not permit the Fixed Charge Coverage Ratio, determined as of the end of each of the fiscal quarters occurring during the periods set forth below for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, Ratio to be less than the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 (a) 1.25 to 1.00 at the end of any fiscal quarter ending on (and including) or prior to June 30, 2013 through and including September 281998, 2013 1.20 (b) 1.50 to 1.00 at the end of the fiscal quarter ending September 2930, 2013 1998 and thereafter 1.25 (c) 1.75 to 1.001.00 at the end of any fiscal quarter thereafter."

Minimum Fixed Charge Coverage Ratio. The (1) Borrower will shall not permit the Borrower Fixed Charge Coverage Ratio, determined as Ratio for each Fiscal Quarter during the term of the end of each of the fiscal quarters occurring during the periods set forth below for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, Term Loan to be less than the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 to 1.00 June 30, 2013 through and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter 1.25 to 1.00, measured as of the last day of the trailing twelve (12) month period. Such ratio shall be tested on or before the forty-fifth (45th) day after the last day of each Fiscal Quarter, using the information contained in the Compliance Certificate most recently delivered to Lender pursuant to the requirements of Section 8.1(b) hereof.

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit Permit, as of the last day of any fiscal quarter during any period set forth below, Borrower's Fixed Charge Coverage Ratio, determined as of the end of each of the fiscal quarters occurring during the periods set forth below Ratio for the period of four (4) three consecutive fiscal quarters months ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basisquarter end, to be less than the followingratio set forth opposite such period below: Period Fixed Charge Coverage Ratio First Amendment Effective Date ------ --------------------------- April 1, 1999 through and including June 29, 2013 1.15 to 1.00 June 30, 2013 1999 0.80 to 1.0 July 1, 1999 through September 30, 1999 1.10 to 1.0 October 1, 1999 through December 31, 1999 1.15 to 1.0 March 31, 2000 and including September 28, 2013 1.20 to 1.00 September 29, 2013 and each quarter thereafter 1.25 to 1.001.0

Minimum Fixed Charge Coverage Ratio. The Borrower will Loan Parties shall not permit the Fixed Charge Coverage RatioRatio to be less than (i) 1.10 to 1.00, determined calculated as of March 31, 2013 and the end of each of the fiscal quarters occurring during the periods set forth below quarter thereafter through and including June 30, 2014, in each case for the period of four (4) consecutive fiscal quarters ending with then ended, and (ii) 1.20 to 1.00, calculated as of September 30, 2014 and the end of such each fiscal quarterquarter thereafter, all calculated in each case for the Borrower and its Subsidiaries on a consolidated basis, to be less than the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 to 1.00 June 30, 2013 through and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter 1.25 to 1.00four (4) fiscal quarters then ended.

Minimum Fixed Charge Coverage Ratio. The Borrower will Loan Parties shall not permit the Fixed Charge Coverage Ratio, determined calculated as of the end of each of fiscal quarter, commencing with the fiscal quarters occurring during the periods set forth below quarter ending June 30, 2012, in each case for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basisthen ended, to be less than 1.25 to 1.0; provided, however, the following: Period Ratio First Amendment Effective Date through ratio required to be maintained for any three (3) fiscal quarters, following the execution of the DOJ/EPA Agreements (which Borrower and including June 29Administrative Agent expect to occur by December 31, 2013 2012), may be not be less than 1.15 to 1.00 June 30, 2013 through and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter 1.25 to 1.001.0.

Minimum Fixed Charge Coverage Ratio. The Borrower will Loan Parties shall not permit the Fixed Charge Coverage RatioRatio to be less than (i) 1.75 to 1.00, determined calculated as of October 28, 2017 and as of the end of each fiscal quarter thereafter through and including February 1, 2020, and (ii) 1.501.25 to 1.00, calculated as of the fiscal quarters occurring during the periods set forth below May 2, 2020 for the period of four (4) consecutive fiscal quarters ending with then ended and (ii) 1.05 to 1.00, calculated as of August 1, 2020 and as of the end of such each fiscal quarterquarter thereafter, all calculated in each case for the Borrower and its Subsidiaries on a consolidated basis, to be less than the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 to 1.00 June 30, 2013 through and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter 1.25 to 1.00four (4) fiscal quarters then ended. 7.2.14

Minimum Fixed Charge Coverage Ratio. The Borrower will Commencing with the fiscal quarter ending March 31, 2007 and continuing each fiscal quarter thereafter, the Loan Parties shall not permit the Fixed Charge Coverage Ratio, determined calculated as of the end of each of the said fiscal quarters occurring during the periods set forth below quarter for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basisthen ended, to be less than the followingminimum ratio specified below during the period specified below: Period Minimum Ratio First Amendment Effective Date through and including June 29March 31, 2013 1.15 2007 1.25 to 1.00 1.0 June 30, 2013 through and including September 28, 2013 1.20 to 1.00 September 29, 2013 2007 and thereafter 1.25 1.40 to 1.001.0"

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the Fixed Charge Coverage Ratioshall maintain, determined as of the end last day of each of the fiscal quarters occurring during periods set forth below, a Fixed Charge Coverage Ratio of at least the periods ratio set forth below for the corresponding period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be less than the followingset forth below: Period Ratio First Amendment Effective Date through and including June 29For the six months ending March 31, 2013 1.15 2015 1.00 to 1.00 For the nine months ending June 30, 2013 through and including September 28, 2013 1.20 2015 1.00 to 1.00 For the twelve months ending September 2930, 2013 2015 and for the twelve months then ending for each quarter end thereafter 1.25 1.00 to 1.00

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the Fixed Charge Coverage Ratio, determined as of and its Subsidiaries shall have on a consolidated basis at the end of each of the fiscal quarters occurring during the periods Fiscal Quarter set forth below below, a Fixed Charge Coverage Ratio for the 12-month period then ended of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be not less than the following: Period Fiscal Quarter ending Minimum Fixed Charge Coverage Ratio First Amendment Effective Date through and including June 29September 30, 2013 1.15 to 1.00 2003 0.65 December 31, 2003 0.55 March 31, 2004 0.60 June 30, 2013 through 2004 0.55 September 30, 2004 0.85 December 31, 2004 1.00 March 31, 2005 1.05 June 30, 2005 1.10 September 30, 2005 and including September 28, 2013 1.20 to 1.00 September 29, 2013 and each Fiscal Quarter ending thereafter 1.25 to 1.001.20

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the Fixed Charge Coverage Ratio, determined as of and its Subsidiaries shall have on a consolidated basis at the end of each of the fiscal quarters occurring during the periods Fiscal Quarter set forth below below, a Fixed Charge Coverage Ratio for the period of four (4) consecutive fiscal quarters ending with on the end last day of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be Fiscal Quarter of not less than the following: Period Ratio First Amendment Effective Date through and including June 29three-month period ending March 31, 2013 1.15 to 1.00 2007 1.2:1.0 six-month period ending June 30, 2013 through and including 2007 1.2:1.0 nine-month period ending September 2830, 2013 1.20 to 1.00 September 292007 1.2:1.0 twelve-month period ending December 31, 2013 and 2007 1.2:1.0 Each twelve-month period ending each Fiscal Quarter thereafter 1.25 to 1.001.2:1.0

Minimum Fixed Charge Coverage Ratio. The Borrower will shall not permit the Fixed Charge Coverage Ratio, determined as of to be less than the end of each of the fiscal quarters occurring during the periods ratio set forth below for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be less than the followingperiods specified below: Period Ratio First Amendment Restatement Effective Date through and including June 29December 31, 2013 1.15 2002 2.75 to 1.00 June 30January 1, 2013 2003 through and including September 28December 31, 2013 1.20 2003 3.25 to 1.00 September 29January 1, 2013 2004 and thereafter 1.25 4.00 to 1.00

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the Borrowers' Fixed Charge Coverage Ratio, determined as of Ratio at the end of each of the fiscal quarters occurring during the periods set forth below for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to Fiscal Quarter shall not be less than the following: Period Ratio From the First Amendment Effective Closing Date through and including June 29until September30, 2013 1.15 2008 1.05 to 1.00 June From and after September 30, 2013 through and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter 1.25 2008 1.10 to 1.00

Minimum Fixed Charge Coverage Ratio. The Borrower and its consolidated Subsidiaries will not permit the Fixed Charge Coverage Ratio, determined calculated as of the end of each fiscal quarter of the fiscal quarters occurring during the periods Borrower set forth below for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, then ended to be less than the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 ratio of (a) 1.10 to 1.00 June as of April 30, 2013 through and including September 282004, 2013 1.20 (b) 1.25 to 1.00 September 29as of July 31, 2013 and thereafter 2004, (c) 1.25 to 1.001.00 xx xx Xxxxxxx 00, 2004, (d) 1.50 to 1.00 as of January 31, 2005 and thereafter.

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the Fixed Charge Coverage Ratio, determined as of the end of each of the fiscal quarters occurring during the periods set forth below for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries shall have on a consolidated basis, to be at the end of each Fiscal Quarter set forth below, a Fixed Charge Coverage Ratio for the 12-month period then ended of not less than the following: Period Ratio First Amendment Effective Date through and including June 29MINIMUM FIXED CHARGE PERIOD COVERAGE RATIO -------------- -------------------- March 31, 2013 1.15 2001 0.75 to 1.00 June 30, 2013 through and including September 28, 2013 1.20 2001 0.75 to 1.00 September 2930, 2013 2001 0.75 to 1.00 December 31, 2001 and thereafter for each Fiscal Quarter ending 1.25 to 1.001.00 thereafter

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit Permit the Fixed Charge Coverage Ratio, determined as of Ratio at the end of each of the any fiscal quarters occurring quarter during the periods period set forth below for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be less than the followingratio set forth opposite such period below: Period Ratio First Amendment Effective Date through and including June November 29, 2013 1.15 2010 2.00 to 1.00 June November 30, 2013 2010 through and including September 28November 29, 2013 1.20 2011 2.25 to 1.00 September 29November 30, 2013 2011 and thereafter 1.25 2.50 to 1.001.00 8. Annex A of the Credit Agreement amended by deleting it in its entirety and replacing it Annex A attached.

Minimum Fixed Charge Coverage Ratio. The Borrower will shall not permit the Fixed Charge Coverage Ratio, as determined as of at the end of each of any fiscal quarter for the preceding four fiscal quarters occurring during (or, if less, the periods set forth below for the period number of four (4) consecutive full fiscal quarters ending with elapsed since the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, Initial Funding Date) to be less than the followingratio set forth opposite the month in which such fiscal quarter ends: Period Quarter Ended Minimum Ratio First Amendment Effective Date through and including June 29, 2013 January 1996 0.75 to 1.00 April 1996 1.00 to 1.00 July 1996 1.10 to 1.00 October 1996 1.15 to 1.00 June 30, 2013 through and including September 28, 2013 1.20 to 1.00 September 29, 2013 January 1997 and thereafter 1.25 to 1.00

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the Fixed Charge Coverage Ratio, determined as of and its Subsidiaries shall have on a consolidated basis at the end of each of the fiscal quarters occurring during the periods Fiscal Month set forth below below, a Fixed Charge Coverage Ratio for the 12-month period then ended of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be not less than the following: Period Fiscal Month ending Minimum Fixed Charge Coverage Ratio First Amendment Effective Date through and including June 29December 31, 2013 1.15 to 1.00 2004 1.72:1.00 January 31, 2005 1.45:1.00 February 28, 2005 1.36:1.00 March 31, 2005 1.32:1.00 April 30, 2005 1.25:1.00 May 31, 2005 1.24:1.00 June 30, 2013 through and including 2005 1.19:1.00 July 31, 2005 1.24:1.00 August 31, 2005 1.32:1.00 September 2830, 2013 1.20 to 1.00 September 29, 2013 and thereafter 1.25 to 1.002005 1.64:1.00

Minimum Fixed Charge Coverage Ratio. The At any time when the Available Credit is less than or equal to $100,000,000, the Borrower will not permit the shall maintain a Fixed Charge Coverage Ratio, as determined as of the end last day of each Fiscal Quarter set forth below, for the four Fiscal Quarters ending on the last day of such Fiscal Quarter, of at least the fiscal quarters occurring during the periods minimum ratio set forth below for the period of four (4) consecutive fiscal quarters ending with the end of opposite such fiscal quarterFiscal Quarter: Fiscal Quarter Ending Minimum Fixed Charge Coverage Ratio March 31, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be less than the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 2007 1.70 to 1.00 June 30, 2013 through and including September 28, 2013 1.20 2007 1.75 to 1.00 September 2930, 2013 and thereafter 1.25 2007 1.75 to 1.00 December 31, 2007 1.80 to 1.00 March 31, 2008 1.90 to 1.00 June 30, 2008 2.00 to 1.00 September 30, 2008 2.00 to 1.00 each Fiscal Quarter thereafter: 2.10 to 1.00

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the Fixed Charge Coverage RatioAt all times after Borrowers' Borrowing Availability first is below $20,000,000, determined as of Borrowers and their Subsidiaries shall have on a consolidated basis at the end of each of the fiscal quarters occurring during the periods Fiscal Quarter set forth below below, a Fixed Charge Coverage Ratio for the 12-month period of four then ended (4) consecutive fiscal quarters or with respect to the Fiscal Quarters ending with on or before June 30, 2002, the end period commencing on October 1, 2001, and ending on the last day of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be Fiscal Quarter) of not less than the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 to 1.00 June 30, 2013 through and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter 1.25 to 1.00:

Minimum Fixed Charge Coverage Ratio. The Borrower will shall not permit the Fixed Charge Coverage Ratio, determined Ratio calculated as of the end last day of each of the fiscal quarters occurring during the periods set forth below for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be less than the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 1.10 to 1.00 for the following periods: (i) the 6-month period ending June 30, 2013 through 2022, (ii) the 9-month period ending September 30, 2022, (iii) the 12-month period ending December 31, 2022 and including September 28, 2013 1.20 to 1.00 September 29, 2013 and continuing thereafter 1.25 to 1.00for each subsequent fiscal quarter.”

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the and its Consolidated Subsidiaries shall maintain a Fixed Charge Coverage Ratio, as determined as of the end last day of each Fiscal Quarter set forth below, for the four Fiscal Quarters ending on such day, of at least the fiscal quarters occurring during the periods minimum ratio set forth below for the period of four (4) consecutive fiscal quarters ending with the end of opposite such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be less than the followingFiscal Quarter: Period Fiscal Quarter Ending Minimum Fixed Charge Coverage Ratio First Amendment Effective Date through and including June 29December 31, 2013 1.15 2.50 to 1.00 1 March 31, 2014 3.10 to 1 June 30, 2013 through and including 2014 3.60 to 1 September 2830, 2013 1.20 2014 4.00 to 1.00 1 December 31, 2014 2.50 to 1 March 31, 2015 2.00 to 1 June 30, 2015 1.60 to 1 September 2930, 2013 2015 and thereafter 1.25 1.30 to 1.001

Minimum Fixed Charge Coverage Ratio. The Borrower will shall not permit the Fixed Charge Coverage Ratio, determined as of the end of each of the fiscal quarters occurring during the periods set forth below for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, Ratio to be less than (a) 1.00 to 1 for the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 to 1.00 fiscal quarters ending June 30, 2013 through 1999 and including September 2830, 2013 1.20 to 1.00 September 29, 2013 1999 and thereafter (b) 1.25 to 1.001 at the end of any fiscal quarter thereafter."

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the Fixed Charge Coverage Ratio, determined as of shall have at the end of each of the fiscal quarters occurring during the periods Fiscal Quarter set forth below below, a Fixed Charge Coverage Ratio for the 12-month period then ended of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be not less than the following: Period Fiscal Quarter Ending Fixed Charge Coverage Ratio First Amendment Effective Date through and including June 29September 30, 2013 1.15 to 1.00 2000 1.1:1 December 31, 2000 1.1:1 March 31, 2001 1.1:1 June 30, 2013 through and including 2001 1.1:1 September 2830, 2013 1.20 to 1.00 2001 1.1:1 December 31, 2001 1.1:1 March 31, 2002 1.1:1 June 30, 2002 1.1:1 September 2930, 2013 and thereafter 1.25 to 1.002002 1.1:1

Minimum Fixed Charge Coverage Ratio. The Borrower will shall not permit the Fixed Charge Coverage Ratio, determined as of the end of each of the fiscal quarters occurring during the periods set forth below for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, Ratio to be less than the followingratio specified below for the periods specified below: Period Ratio First Amendment Restatement Effective Date through and including June 29December 31, 2013 1.15 2003 2.75 to 1.00 June 30January 1, 2013 through and including September 28, 2013 1.20 to 1.00 September 29, 2013 2004 and thereafter 1.25 3.75 to 1.00

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the Fixed Charge Coverage Ratio, calculated for the Borrower and its Subsidiaries on a consolidated basis, determined for the period of four (4) consecutive fiscal quarters then ending as of the end of each of the its fiscal quarters occurring during the periods set forth below ending on and after March 31, 2008, to be less than 2.25 to 1.0; provided that for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarteron October 3, all calculated for 2008, the Borrower and its Subsidiaries on a consolidated basiswill not permit the Fixed Charge Coverage Ratio, to be less than the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 1.75 to 1.00 June 30, 2013 through and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter 1.25 to 1.001.0.”

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the Fixed Charge Coverage Ratio, determined as of the end of each of the its fiscal quarters occurring during (beginning with the periods set forth below quarter ending June 30, 2008) for the any period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be less than the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 to 1.00 June 30, 2013 through and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter 1.25 1.75 to 1.00.

Minimum Fixed Charge Coverage Ratio. The Borrower will shall not permit the Fixed Charge Coverage Ratio, determined as of the end of each of the fiscal quarters occurring during the periods set forth below for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, Ratio to be less than 1.50:1.00 (a) for the following: Period Ratio First Amendment Effective Date through and including June 29period consisting of one Fiscal Quarter ending Xxxxx 00, 2013 1.15 to 1.00 0000, (x) for the period consisting of two consecutive Fiscal Quarters ending June 30, 2013 through 2014, (c) for the period consisting of three consecutive Fiscal Quarters ending September 30, 2014 and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter 1.25 to 1.00(b) for each period consisting of four consecutive Fiscal Quarters ending thereafter.

Minimum Fixed Charge Coverage Ratio. The At all times from September 30, 2006, to and including May 26, 2007, as of the last day of each fiscal month of the Borrower set forth below, the Borrower will not permit the maintain a Fixed Charge Coverage Ratio, determined as of the end of each of the fiscal quarters occurring during the periods set forth below Ratio for the period commencing July 29, 2006 to the date of four determination for each period (4“Calculation Period”) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be not less than the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 to 1.00 June 30, 2013 through and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter 1.25 to 1.00ratio set forth opposite of such period below.

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the Fixed Charge Coverage RatioBorrowers shall, determined as of the end of each of the fiscal quarters occurring during the periods set forth below for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated beginning with the fiscal quarter ending October 31, 2013, maintain a Fixed Charge Coverage Ratio for the Borrower and its Subsidiaries on a consolidated basis, to be four fiscal quarters then ended of not less than the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 to 1.00 June 30, 2013 through and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter 1.25 to 1.00.”

Minimum Fixed Charge Coverage Ratio. The Domestic Borrower will and its Subsidiaries shall not permit the Fixed Charge Coverage Ratio, determined as of the end of each of the fiscal quarters occurring during the periods set forth below for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, Ratio to be less than than: 1.50 to 1.0 for the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 to 1.00 fiscal quarter ending June 30, 2013 through and including 2009; 1.00 to 1.0 for the fiscal quarter ending September 2830, 2013 1.20 2009; 1.10 to 1.00 September 291.0 for the fiscal quarter ending December 31, 2013 and thereafter 2009; 1.15 to 1.0 for the fiscal quarter ending March 31, 2010; 1.25 to 1.001.0 for the fiscal quarter ending June 30, 2010; 1.35 to 1.0 for the fiscal quarter ending September 30, 2010; and 1.50 to 1.0 the fiscal quarter ending December 31, 2010 and thereafter.”

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the shall maintain a Fixed Charge Coverage Ratio, determined as Ratio of the end of each of not less than (a) 1.10:1.00 for the fiscal quarters occurring during the periods set forth below quarter ending Mxxxx 00, 0000, (x) 1.10:1.00 for the period of four (4) consecutive fiscal quarters quarter ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be less than the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 to 1.00 June 30, 2013 through 2019, and including (c) 1.25:1.00 for the fiscal quarter ending September 2830, 2013 1.20 to 1.00 September 29, 2013 2019 and thereafter 1.25 to 1.00each fiscal quarter thereafter.

Minimum Fixed Charge Coverage Ratio. The At the end of each fiscal quarter occurring during the periods indicated below, the Borrower will shall not permit the Fixed Charge Coverage Ratio, determined Ratio (as of calculated on the end last Business Day of each of the fiscal quarters occurring during the periods set forth below for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, ) to be less than the followingratio set forth below opposite the period in which such fiscal quarter occurs: Period Ratio First Amendment Effective Date through From and including June 29, 2013 1.15 the Agreement Date to 1.00 June 30, 2013 through and including September 28October 31, 2013 1.20 1999 1.50 to 1.00 September 291 From and including November 1, 2013 1999 and thereafter 1.25 to 1.001

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the ratio (the "Fixed Charge Coverage Ratio"), determined as of the end of each of the its fiscal quarters occurring during the periods set forth below ending on and after December 31, 2004 for the period of four (4) 4 consecutive fiscal quarters ending with the end of such fiscal quarter, of (i) Consolidated EBITDAR to (ii) Consolidated Fixed Charges, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be less than the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 2.0 to 1.00 June 30, 2013 through and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter 1.25 to 1.001.0.

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the Fixed Charge Coverage Ratio, determined as of and its Subsidiaries shall have on a consolidated basis at the end of each of the fiscal quarters occurring during the periods Fiscal Quarter set forth below below, a Fixed Charge Coverage Ratio for the 12-month period then ended of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be not less than the following: Period Fiscal Quarter ending Minimum Fixed Charge Coverage Ratio First Amendment Effective Date through and including June 29September 30, 2013 1.15 to 1.00 2003 0.65 December 31, 2003 0.55 March 31, 2004 0.60 June 30, 2013 through 2004 0.55 September 30, 2004 0.50 December 31, 2004 1.00 March 31, 2005 1.05 June 30, 2005 1.10 September 30, 2005 and including September 28, 2013 1.20 to 1.00 September 29, 2013 and each Fiscal Quarter ending thereafter 1.25 to 1.001.20

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the Fixed Charge Coverage Ratio, determined as of the end of each of the its fiscal quarters occurring during the periods set forth below ending on and after March 31, 2008, for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarterthen ending, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be less than the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 2.25 to 1.00 June 30, 2013 through and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter 1.25 to 1.001.0.

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the Fixed Charge Coverage Ratio, determined Ratio as of the end last day of each of the any fiscal quarters occurring during the periods set forth below quarter, commencing on or about December 31, 2015, determined for the period of four (4) consecutive fiscal quarters ending with the end of on such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basisdate, to be less than the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 to 1.00 June 30, 2013 through and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter 1.25 to 1.001.10:1.00.

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the Fixed Charge Coverage Ratio, determined as of and its Subsidiaries shall have on a consolidated basis at the end of each of the fiscal quarters occurring during the periods Fiscal Quarter set forth below below, a Fixed Charge Coverage Ratio for the 12-month period then ended of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be not less than the following: Period Fiscal Quarter Ending Minimum Fixed Charge Coverage Ratio First Amendment Effective Date June 30, 2006 and for each Fiscal Quarter ending thereafter through and including June 29the Fiscal Quarter ending March 31, 2013 1.15 to 1.00 2009 1.20:1.00 June 30, 2013 through 2009 1.10:1.00 September 30, 2009 1.00:1.00 December 31, 2009 1.15:1.00 March 31, 2010 and including September 28, 2013 1.20 to 1.00 September 29, 2013 and for each Fiscal Quarter ending thereafter 1.25 to 1.001.20:1.00”

Minimum Fixed Charge Coverage Ratio. The Borrower will shall not permit the Fixed Charge Coverage Ratio, determined calculated as of the end of each of the fiscal quarters occurring during the periods set forth below for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated commencing with the fiscal quarter ending December 31, 2012, for the Borrower and its Subsidiaries on a consolidated basisfour fiscal quarter period most recently then ended, to be less than the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 1.15 to 1.00 June 30, 2013 through and including September 28, 2013 1.20 to 1.00 September 29, 2013 and thereafter 1.25 to 1.001.0.

Minimum Fixed Charge Coverage Ratio. The Borrower will not permit the shall maintain a Fixed Charge Coverage Ratio, determined as of on the end last day of each of the fiscal quarters occurring during the periods Fiscal Quarter set forth below for the period four Fiscal Quarters ending on such date, of four (4) consecutive fiscal quarters ending with at least the end of minimum ratio set forth below opposite such fiscal quarterFiscal Quarter: Minimum Fixed Fiscal Quarter Charge Ratio -------------- ------------ March 31, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be less than the following: Period Ratio First Amendment Effective Date through and including June 29, 2013 2008 1.15 to 1.00 1 June 30, 2013 through and including 2008 1.15 to 1 September 2830, 2013 2008 1.20 to 1.00 1 December 31, 2008 1.20 to 1 March 31, 2009 1.20 to 1 June 30, 2009 1.20 to 1 September 2930, 2013 and thereafter 2009 1.25 to 1.001