Common use of Minimum Fixed Charge Coverage Ratio Clause in Contracts

Minimum Fixed Charge Coverage Ratio. Not permit the Fixed Charge Coverage Ratio as of the last day of any Fiscal Quarter (commencing with the Fiscal Quarter ending June 30, 2006) to be less than (i) 1.25:1 for any Fiscal Quarter ending June 30, 2006 through December 31, 2006 and (ii) 1.50:1 for any Fiscal Quarter ending thereafter.

Minimum Fixed Charge Coverage Ratio. Not The Loan Parties shall not permit the Fixed Charge Coverage Ratio Ratio, calculated as of the last day end of any Fiscal Quarter (commencing with the Fiscal Quarter ending June 30, 2006) each fiscal quarter to be less than (i) 1.25:1 for any Fiscal the ratios set forth below. Quarter ending June 30, 2006 through December 31, 2006 Ratio ------- ----- 1st fiscal quarter of each fiscal year 1.35-to-1.0 2nd fiscal quarter of each fiscal year 1.35-to-1.0 3rd fiscal quarter of each fiscal year 1.20-to-1.0 4th quarter of fiscal year 1998 1.50-to-1.0 4th quarter of fiscal years 1999 and (ii) 1.50:1 for any Fiscal Quarter ending thereafter.thereafter 1.40-to-1.0

Minimum Fixed Charge Coverage Ratio. Not 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 Ratio, calculated as of the last day end of any Fiscal Quarter each said fiscal quarter for the four (commencing with the Fiscal Quarter ending June 304) fiscal quarters then ended, 2006) to be less than (i) 1.25:1 for any Fiscal Quarter ending the minimum ratio specified below during the period specified below: Period Minimum Ratio March 31, 2007 1.25 to 1.0 June 30, 2006 through December 31, 2006 2007 and (ii) 1.50:1 for any Fiscal Quarter ending thereafter.thereafter 1.40 to 1.0"

Minimum Fixed Charge Coverage Ratio. Not The Loan Parties shall not permit the Fixed Charge Coverage Ratio as of the last day of any Fiscal Quarter (commencing with the Fiscal Quarter ending June 30, 2006) to be less than (i) 1.25:1 for any Fiscal Quarter ending June 301.75 to 1.00, 2006 calculated as of October 28, 2017 and as of the end of each fiscal quarter thereafter through December 31and including February 1, 2006 2020, and (ii) 1.50:1 1.501.25 to 1.00, calculated as of May 2, 2020 for any Fiscal Quarter ending the four (4) fiscal quarters then ended and (ii) 1.05 to 1.00, calculated as of August 1, 2020 and as of the end of each fiscal quarter thereafter, in each case for the four (4) fiscal quarters then ended.

Minimum Fixed Charge Coverage Ratio. Not permit the The Borrower shall maintain a Fixed Charge Coverage Ratio as of Ratio, determined on the last day of any each Fiscal Quarter (commencing with set forth below for the four Fiscal Quarters ending on such date, of at least the minimum ratio set forth below opposite such Fiscal Quarter: Minimum Fixed Fiscal Quarter ending Charge Ratio -------------- ------------ March 31, 2008 1.15 to 1 June 30, 2006) 2008 1.15 to be less than (i) 1.25:1 for any Fiscal Quarter ending 1 September 30, 2008 1.20 to 1 December 31, 2008 1.20 to 1 March 31, 2009 1.20 to 1 June 30, 2006 through December 312009 1.20 to 1 September 30, 2006 and (ii) 1.50:1 for any Fiscal Quarter ending thereafter.2009 1.25 to 1

Minimum Fixed Charge Coverage Ratio. Not permit the A minimum Fixed Charge Coverage Ratio as of at the last day of any Fiscal Quarter (commencing with each period of four consecutive fiscal quarters of 1.25 to 1.0, except such ratio shall not be tested for the Fiscal Quarter fiscal quarter ending June 30, 2006) to be less than (i) 1.25:1 for any Fiscal Quarter ending June 30, 2006 through on December 31, 2006 and 2012.” 3.4 Section 6.13 (ii) 1.50:1 for any Fiscal Quarter ending thereafter.Minimum Equity Infusion). A new Section 6.13 is hereby added to the Loan Agreement following Section 6.12, as follows:

Minimum Fixed Charge Coverage Ratio. Not permit Commencing on the Fiscal Quarter ended March 31, 2025, maintain a Fixed Charge Coverage Ratio as Ratio, measured on a Fiscal Quarter-end basis, of not less than the last day of any Fiscal Quarter (commencing with applicable ratio set forth in the Fiscal Quarter ending following table for the applicable date set forth opposite thereto: March 31, 2025 1.15:1.00 June 30, 2006) to be less than (i) 1.25:1 for any 2025 and each Fiscal Quarter ending June 30, 2006 through December 31, 2006 and (ii) 1.50:1 for any Fiscal Quarter ending thereafter.thereafter 1.25:1.00

Minimum Fixed Charge Coverage Ratio. Not The Borrower and its consolidated Subsidiaries will not permit the Fixed Charge Coverage Ratio Ratio, calculated as of the last day end of any Fiscal Quarter (each fiscal quarter of the Borrower commencing with the Fiscal Quarter ending June fiscal quarter ended April 30, 2006) 1997, and in accordance with Section 1.4, for the four fiscal quarters of the Borrower then ended to be less than (i) 1.25:1 the ratio set forth below for any Fiscal Quarter ending June 30, 2006 through December 31, 2006 and (ii) 1.50:1 for any Fiscal Quarter ending thereafter.the applicable fiscal quarter end:

Minimum Fixed Charge Coverage Ratio. Not 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 (as of such term is defined in the last day of any Fiscal Quarter (commencing with the Fiscal Quarter Caraustar Credit Agreement) to be less than: Period Ratio fiscal quarter ending March 31, 2003 0.95:1.0 fiscal quarter ending June 30, 2006) to be less than (i) 1.25:1 for any Fiscal Quarter 2003 0.85:1.0 fiscal quarter ending June September 30, 2006 through 2003 0.85:1.0 fiscal quarter ending December 31, 2006 2003 1.05:1.0 fiscal quarter ending March 31, 2004 and (ii) 1.50:1 for any Fiscal Quarter ending each 1.50:1.0 fiscal quarter thereafter.

Minimum Fixed Charge Coverage Ratio. Not As of the end of each fiscal quarter, commencing with the end of the fiscal quarter ending March 31, 2003, the Credit Parties will not permit the Fixed Charge Coverage Ratio as of the last day of any Fiscal Quarter (commencing with the Fiscal Quarter to be less than: Period Ratio ------ ----- fiscal quarter ending March 31, 2003 0.95:1.0 fiscal quarter ending June 30, 2006) to be less than (i) 1.25:1 for any Fiscal Quarter 2003 0.85:1.0 fiscal quarter ending June September 30, 2006 through 2003 0.85:1.0 fiscal quarter ending December 31, 2006 2003 1.05:1.0 fiscal quarter ending March 31, 2004 and (ii) 1.50:1 for any Fiscal Quarter ending each 1.50:1.0 fiscal quarter thereafter.

Minimum Fixed Charge Coverage Ratio. Not permit the A minimum Fixed Charge Coverage Ratio as of at the last day of any Fiscal Quarter (commencing with each period of four consecutive fiscal quarters of 1.25 to 1.0, except such ratio shall not be tested for the Fiscal Quarter fiscal quarter ending June 30, 2006) to be less than (i) 1.25:1 for any Fiscal Quarter ending June 30, 2006 through December on March 31, 2006 2013.” 1.3 Section 6.13 (Minimum Equity Infusion). Section 6.13 of the Loan Agreement is hereby amended and (ii) 1.50:1 for any Fiscal Quarter ending thereafter.restated in its entirety as follows:

Minimum Fixed Charge Coverage Ratio. Not The Borrower and its consolidated Subsidiaries will not permit the Fixed Charge Coverage Ratio Ratio, calculated as of the last day end of any Fiscal Quarter (commencing with each fiscal quarter of the Fiscal Quarter ending June 30, 2006) Borrower set forth below for the four fiscal quarters then ended to be less than the ratio of (ia) 1.25:1 for any Fiscal Quarter ending June 1.10 to 1.00 as of April 30, 2006 through December 2004, (b) 1.25 to 1.00 as of July 31, 2006 2004, (c) 1.25 to 1.▇▇ ▇▇ ▇▇ ▇▇▇▇▇▇▇ ▇▇, 2004, (d) 1.50 to 1.00 as of January 31, 2005 and (ii) 1.50:1 for any Fiscal Quarter ending thereafter.

Minimum Fixed Charge Coverage Ratio. Not The Borrower, as of the close of any fiscal quarter of the Borrower, will not permit the its Fixed Charge Coverage Ratio as of the last day of any Fiscal Quarter (commencing with the Fiscal Quarter ending June 30, 2006) ratio to be less than (i) 1.25:1 1.0 to 1 for any Fiscal Quarter ending each of the Borrower's fiscal quarters ended September 30, 1998, December 31, 1998, March 31, 1999 and June 30, 2006 through December 311999, 2006 and (ii) 1.50:1 1.25 to 1 for any Fiscal Quarter ending each fiscal quarter of the Borrower thereafter.

Minimum Fixed Charge Coverage Ratio. Not permit the The Fixed Charge Coverage Ratio Ratio, as determined as of the last day of any Fiscal Quarter each fiscal quarter of the Borrower set forth below for the twelve month period ending on such date (commencing with or if the Fiscal Quarter ending June 30period from January 1, 2006) 1997 to such date is less than twelve months, such shorter period), shall not be less than (i) 1.25:1 for any the minimum ratio set forth opposite such fiscal quarter: Fiscal Quarter ending June 30, 2006 through December 31, 2006 and (ii) 1.50:1 for any Fiscal Quarter ending thereafter.Minimum Ratio

Minimum Fixed Charge Coverage Ratio. Not permit Borrower and its Subsidiaries shall have on a consolidated basis at the end of each Fiscal Quarter, a Fixed Charge Coverage Ratio as for the 12-month period then ended of not less than the ratio set forth below for the corresponding covenant measurement date set forth below: March 31, 2004 0.90 to 1.00 June 30, 2004 1.10 to 1.00 September 30, 2004 1.10 to 1.00 December 31, 2004 and the last day of any each Fiscal Quarter (commencing with the Fiscal Quarter ending June 30, 2006) thereafter 1.25 to be less than (i) 1.25:1 for any Fiscal Quarter ending June 30, 2006 through December 31, 2006 and (ii) 1.50:1 for any Fiscal Quarter ending thereafter.1.00" Conditions Precedent

Minimum Fixed Charge Coverage Ratio. Not permit Borrower and its Subsidiaries shall have, on a consolidated basis at the Fixed Charge Coverage Ratio as end of the last day of any each Fiscal Quarter (Quarter, commencing with the Fiscal Quarter ending June 30March 31, 2006) to be , a Fixed Charge Coverage Ratio for the 12-month period then ended of not less than (i) 1.25:1 1.50:1.0; provided, however, that for any the purpose of calculating the Fixed Charge Coverage Ratio for the Fiscal Quarter Quarters ending March 31, 2006, June 30, 2006 through December 31and September 30, 2006, EBITDA and Fixed Charges shall be measured for the period commencing on January 1, 2006 and (ii) 1.50:1 for any ending on the last day of such Fiscal Quarter ending thereafterQuarter.

Minimum Fixed Charge Coverage Ratio. Not The Borrower shall not permit the Fixed Charge Coverage Ratio as of the last day of any Fiscal Quarter (commencing with the Fiscal Quarter ending June 30, 2006) to be less than (ia) 1.25:1 for 0.85 to 1 at the end of any Fiscal Quarter ending June 30from and including the second Fiscal Quarter of Fiscal Year 2002 through and including the third Fiscal Quarter of Fiscal Year 2003, 2006 through December 31, 2006 and (iib) 1.50:1 for 0.95 to 1 at the end of any Fiscal Quarter ending thereafter. (l) Article 7 of the Credit Agreement is hereby amended by adding new Sections 7.23 and 7.24 thereto to read as follows:

Minimum Fixed Charge Coverage Ratio. Not The Borrower shall not permit the Fixed Charge Coverage Ratio Ratio, as of determined at the last day end of any Fiscal Quarter fiscal quarter for the preceding four fiscal quarters (commencing with or, if less, the Fiscal Quarter ending June 30, 2006number of full fiscal quarters elapsed since the Initial Funding Date) to be less than (i) 1.25:1 for any Fiscal the ratio set forth opposite the month in which such fiscal quarter ends: Quarter ending June 30, 2006 through December 31, 2006 Ended Minimum Ratio 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 January 1997 and (ii) 1.50:1 for any Fiscal Quarter ending thereafter.thereafter 1.25 to 1.00

Minimum Fixed Charge Coverage Ratio. Not The Domestic Borrower and its Subsidiaries shall not permit the Fixed Charge Coverage Ratio as of the last day of any Fiscal Quarter (commencing with the Fiscal Quarter ending June 30, 2006) to be less than (i) 1.25:1 1.25 to 1.0 for any Fiscal Quarter each fiscal quarter ending June 30, 2006 through on or before December 31, 2006 2008, and (ii) 1.50:1 1.50 to 1.0 for any Fiscal Quarter the fiscal quarter ending March 31, 2009 and thereafter.” (l) Amendment to Section 6.15. Section 6.15 is hereby amended by restating Section 6.15 in its entirety to read as follows:

Minimum Fixed Charge Coverage Ratio. Not permit Permit the Fixed Charge Coverage Ratio as of to be less than the last day of any following ratios for the following fiscal quarters: Fiscal Quarter (commencing with the quarter ending December 31, 2006 2.00 to 1.00 Fiscal Quarter quarter ending March 31, 2007 2.00 to 1.00 Fiscal quarter ending June 30, 2006) 2007 2.25 to be less than (i) 1.25:1 for any 1.00 Fiscal Quarter quarter ending June September 30, 2006 through December 31, 2006 2007 and (ii) 1.50:1 for any Fiscal Quarter each fiscal quarter ending thereafter.thereafter 3.00 to 1.00

Minimum Fixed Charge Coverage Ratio. Not The Borrower shall not permit the Fixed Charge Coverage Ratio as of the last day of any Fiscal Quarter (commencing with the Fiscal Quarter ending June 30, 2006) to be less than (ia) 1.25:1 1.00 to 1 for any Fiscal Quarter the fiscal quarters ending June 30, 2006 through December 311999 and September 30, 2006 1999 and (iib) 1.50:1 for 1.25 to 1 at the end of any Fiscal Quarter ending fiscal quarter thereafter." (b) Section 7.13 of the Credit Agreement is hereby amended to read as follows:

Minimum Fixed Charge Coverage Ratio. Not The Loan Parties shall not permit the Fixed Charge Coverage Ratio Ratio, calculated as of the last day end of any Fiscal Quarter each fiscal quarter for the preceding four (commencing with the Fiscal Quarter ending June 304) fiscal quarters then ended, 2006) to be less than (i) 1.25:1 for any the following: Fiscal Quarter ending Ending Ratio --------------------- ----- December 31, 2001 through 1.20 to 1.0 and including June 30, 2006 through December 312003 September 30, 2006 2003 and (iieach 1.50 to 1.0 quarter thereafter" e) 1.50:1 for any Fiscal Quarter ending thereafter.Section 8.2.17 is deleted and restated in its entirety as follows:

Minimum Fixed Charge Coverage Ratio. Not The Borrower and its Subsidiaries will not permit the Fixed Charge Coverage Ratio calculated as of the last day end of any Fiscal Quarter (commencing with each fiscal quarter of the Fiscal Quarter ending June 30, 2006) Borrower during the periods set forth below for the four fiscal quarters then ended to be less than the ratio of (ia) 1.25:1 for any Fiscal Quarter ending June 1.35 to 1.00, from and including October 31, 2008 through and including April 30, 2006 through December 2009 and (b) 1.50 to 1.00 from and including July 31, 2006 2009 and thereafter. (r) Sections 11.1(l), (m) and (iin) 1.50:1 for any Fiscal Quarter ending thereafter.of the Credit Agreement are hereby amended to read as follows:

Minimum Fixed Charge Coverage Ratio. Not The Borrower will not permit the Fixed Charge Coverage Ratio Ratio, determined as of the last day end of any Fiscal Quarter each of its fiscal quarters ending before March 31, 2008 for the period of four (commencing with 4) consecutive fiscal quarters then ending, calculated for the Fiscal Quarter ending June 30Borrower and its Subsidiaries on a consolidated basis, 2006) to be less than (i) 1.25:1 2.0 to 1.0, or for any Fiscal Quarter each of its fiscal quarters ending June 30, 2006 through December on and after March 31, 2006 2008, for the period of four (4) consecutive fiscal quarters then ending, calculated for the Borrower and (ii) 1.50:1 for any Fiscal Quarter ending thereafterits Subsidiaries on a consolidated basis, to be less than 2.25 to 1.0.

Minimum Fixed Charge Coverage Ratio. Not The Loan Parties shall not permit the Fixed Charge Coverage Ratio Ratio, calculated as of the last day end of any Fiscal Quarter (commencing with each fiscal quarter for the Fiscal Quarter ending June 30four fiscal quarters then ended, 2006) to be less than (i) 1.25:1 exceed the ratio set forth below for any Fiscal Quarter ending June 30, 2006 through December 31, 2006 and (ii) 1.50:1 for any Fiscal Quarter ending thereafter.the periods specified below: Period Ratio ------ ----- Closing Date to 6/29/02 1.25 to 1.0 6/30/02 to 6/29/03 1.10 to 1.0

Minimum Fixed Charge Coverage Ratio. Not The Loan Parties shall not permit the Fixed Charge Coverage Ratio as of the last day of any Fiscal Quarter (commencing with the Fiscal Quarter ending June 30, 2006) to be less than (i) 1.25:1 for any Fiscal Quarter ending June 301.75 to 1.00, 2006 calculated as of October 28, 2017 and as of the end of each fiscal quarter thereafter through December 31and including February 1, 2006 2020, and (ii) 1.50:1 1.50 to 1.00, calculated as of May 2, 2020 and as of the end of each fiscal quarter thereafter, in each case for any Fiscal Quarter ending thereafterthe four (4) fiscal quarters then ended.” (G) The following new Section 10.18 is hereby added, immediately following Section 10.17:

Minimum Fixed Charge Coverage Ratio. Not The Borrower will not permit the Fixed Charge Coverage Ratio 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 last day end of any Fiscal Quarter (commencing with the Fiscal Quarter each of its fiscal quarters ending June 30on and after March 31, 2006) 2008, to be less than 2.25 to 1.0; provided that for the period of four (i4) 1.25:1 for any Fiscal Quarter consecutive fiscal quarters ending June 30on October 3, 2006 through December 312008, 2006 and (ii) 1.50:1 for any Fiscal Quarter ending thereafterthe Borrower will not permit the Fixed Charge Coverage Ratio, to be less than 1.75 to 1.0.”

Minimum Fixed Charge Coverage Ratio. Not At the end of each fiscal quarter occurring during the periods indicated below, the Borrower shall not permit the Fixed Charge Coverage Ratio (as of calculated on the last day Business Day of any Fiscal Quarter (commencing with the Fiscal Quarter ending June 30, 2006each such fiscal quarter) to be less than (i) 1.25:1 for any Fiscal Quarter ending June 30, 2006 through December the ratio set forth below opposite the period in which such fiscal quarter occurs: From and including the Agreement Date to and including October 31, 2006 1999 1.50 to 1 From and (ii) 1.50:1 for any Fiscal Quarter ending thereafter.including November 1, 1999 and thereafter 1.25 to 1

Minimum Fixed Charge Coverage Ratio. Not Commencing with the fiscal quarter ending March 31, 2011, the Loan Parties shall not permit the Fixed Charge Coverage Ratio Ratio, calculated as of the last day end of any Fiscal Quarter each fiscal quarter for the most recent four (commencing with the Fiscal Quarter ending June 304) fiscal quarters then ended, 2006) to be less than (i) 1.25:1 for any Fiscal Quarter ending June 30, 2006 through December 1.75 to 1.0. Prior to March 31, 2006 2011, the Loan Parties shall not be required to maintain a Minimum Fixed Charge Coverage Ratio.” (D) Section 8.2(o) [Maximum Leverage Ratio] is hereby amended and (ii) 1.50:1 for any Fiscal Quarter ending thereafter.restated as follows:

Minimum Fixed Charge Coverage Ratio. Not The Borrower shall not permit the Fixed Charge Coverage Ratio as of the last day of any Fiscal Quarter (commencing with the Fiscal Quarter ending June 30, 2006) to be less than (ia) 1.25:1 for 0.90 to 1 at the end of arty Fiscal Quarter from and including the first Fiscal Quarter of Fiscal Year 2002 through and including the third Fiscal Quarter of Fiscal Year 2002, and (b) 1.00 to 1 at the end of any Fiscal Quarter ending June 30, 2006 through December 31, 2006 and (ii) 1.50:1 for any Fiscal Quarter ending thereafter. (z) Section 7.14 of the Credit Agreement is hereby amended to read as follows:

Minimum Fixed Charge Coverage Ratio. Not permit The Borrower shall not 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 as of the last day of any Fiscal Quarter (commencing with the Fiscal Quarter ending June 30, 2006) to be less than (i) 1.25:1 for any Fiscal Quarter ending June 30, 2006 through December 31, 2006 and (ii) 1.50:1 for any Fiscal Quarter ending thereafter1.10:1.00.

Minimum Fixed Charge Coverage Ratio. Not permit Borrower and its Subsidiaries shall have on a consolidated basis at the end of each Fiscal Quarter set forth below, a Fixed Charge Coverage Ratio as of for the period ending on the last day of any such Fiscal Quarter (commencing with of not less than the Fiscal Quarter following: three-month period ending March 31, 2007 1.2:1.0 six-month period ending June 30, 2006) to be less than (i) 1.25:1 for any Fiscal Quarter 2007 1.2:1.0 nine-month period ending June September 30, 2006 through 2007 1.2:1.0 twelve-month period ending December 31, 2006 and (ii) 1.50:1 for any 2007 1.2:1.0 Each twelve-month period ending each Fiscal Quarter ending thereafter.thereafter 1.2:1.0

Minimum Fixed Charge Coverage Ratio. Not The Credit Parties shall not permit the Fixed Charge Coverage Ratio as of the last day of any Fiscal Quarter (commencing with ending on any date set forth below, calculated for the Fiscal Quarter twelve month period ending June 30on such date, 2006) to be less than (i) 1.25:1 for any Fiscal Quarter ending the minimum ratio set forth in the table below opposite such date: Date Minimum Fixed Charge Coverage Ratio June 30, 2006 through December 31, 2006 2017 0.90 to 1.00 September 30,2017 and (ii) 1.50:1 for any the last day of each Fiscal Quarter ending thereafter.thereafter 0.95 to 1.00

Minimum Fixed Charge Coverage Ratio. Not permit Borrowers shall, as of the end of each fiscal quarter, beginning with the fiscal quarter ending October 31, 2013, maintain a Fixed Charge Coverage Ratio as for the four fiscal quarters then ended of the last day of any Fiscal Quarter (commencing with the Fiscal Quarter ending June 30, 2006) to be not less than (i) 1.25:1 for any Fiscal Quarter ending June 30, 2006 through December 31, 2006 and (ii) 1.50:1 for any Fiscal Quarter ending thereafterthe 1.25 to 1.00.”

Minimum Fixed Charge Coverage Ratio. Not The Borrower shall not permit the Fixed Charge Coverage Ratio as of the last day of any Fiscal Quarter (commencing with the Fiscal Quarter ending June 30, 2006) to be less than (i) 1.25:1 the ratio set forth below for any the periods specified below: Period Ratio ------ ----- Fiscal Quarter ending June Ended January 1, 1998 .75:1.0 The Two Consecutive Fiscal Quarters Ending April 2, 1998 .85:1.0 The Three Consecutive Fiscal Quarters Ending July 2, 1998 .875:1.0 Fiscal Year Ending September 30, 2006 through December 31, 2006 and (ii) 1.50:1 for any 1998 .90:1.0 Four Consecutive Fiscal Quarters Ending at the End of Each Subsequent Fiscal Quarter ending thereafter.1.0:1.0

Minimum Fixed Charge Coverage Ratio. Not The Loan Parties shall not permit the Fixed Charge Coverage Ratio as of the last day of any Fiscal Quarter (commencing with the Fiscal Quarter ending June 30, 2006) to be less than (i) 1.25:1 for any Fiscal Quarter ending 1.15 to 1.00, calculated as of June 30, 2006 2017 and as of the end of each fiscal quarter thereafter through and including the fiscal quarter ending December 31, 2006 2020, in each case for the four (4) fiscal quarters then ended and (ii) 1.50:1 1.20 to 1.00, calculated as of March 31, 2021 and as of the end of each fiscal quarter thereafter, in each case for any Fiscal Quarter ending thereafterthe four (4) fiscal quarters then ended.

Minimum Fixed Charge Coverage Ratio. Not The Loan Parties shall not permit the Fixed Charge Coverage Ratio as of the last day of any Fiscal Quarter (commencing with the Fiscal Quarter ending June 30, 2006) to be less than (i) 1.25:1 for any Fiscal Quarter ending June 301.75 to 1.00, 2006 calculated as of October 28, 2017 and as of the end of each fiscal quarter thereafter through December 31and including February 1, 2006 2020, and (ii) 1.50:1 2.00 to 1.00, calculated as of May 2, 2020 and as of the end of each fiscal quarter thereafter, in each case for any Fiscal Quarter ending thereafterthe four (4) fiscal quarters then ended.

Minimum Fixed Charge Coverage Ratio. Not permit the Borrower's Fixed Charge Coverage Ratio as of for each period shown below shall be not less than the last day of any ratio shown below for such period: Fiscal Quarter (commencing with the Fiscal Quarter quarter ending June 30, 2006) to be less than (i) 1.25:1 for any 1997 - 0.85:1.0 Fiscal Quarter quarter ending June September 30, 2006 through 1997 - 1.05:1.0 Fiscal quarter ending December 31, 2006 and (ii) 1.50:1 for any 1997 - 1.20:1.0 Fiscal Quarter quarter ending thereafter.March 31, 1998 - 1.45:1.0

Minimum Fixed Charge Coverage Ratio. Not The Loan Parties shall not permit the Fixed Charge Coverage Ratio as of the last day of any Fiscal Quarter (commencing with the Fiscal Quarter ending June 30, 2006) to be less than (i) 1.25:1 for any Fiscal Quarter ending 1.10 to 1.00, calculated as of March 31, 2013 and the end of each fiscal quarter thereafter through and including June 30, 2006 through December 312014, 2006 in each case for the four (4) fiscal quarters then ended, and (ii) 1.50:1 1.20 to 1.00, calculated as of September 30, 2014 and the end of each fiscal quarter thereafter, in each case for any Fiscal Quarter ending thereafterthe four (4) fiscal quarters then ended.

Minimum Fixed Charge Coverage Ratio. Not permit Permit the Fixed Charge Coverage Ratio as of the last day of any Fiscal Quarter (commencing with ending following the Closing Date described below to be less than, subject to Section 9.13(d) below, the ratio set forth opposite that Fiscal Quarter ending Quarter: March 31, 2007 through June 30, 2006) to be less than (i) 1.25:1 for any Fiscal Quarter ending June 2009 1.10:1.00 September 30, 2006 2009 through December 31, 2006 2010 1.05:1.00 March 31, 2011 and (ii) 1.50:1 for any Fiscal Quarter ending thereafter.thereafter 1.10:1.00

Minimum Fixed Charge Coverage Ratio. Not permit Permit the Fixed Charge Coverage Ratio Ratio, determined as of the last day of any Fiscal Quarter fiscal quarter of Borrower (commencing with measured on a rolling four quarter basis for the Fiscal Quarter ending June 30trailing four fiscal quarters), 2006) to be less than (i1) 1.25:1 for any Fiscal Quarter the fiscal quarter ending on March 31, 2007 1.30 to 1.00, (2) for each fiscal quarter beginning with the fiscal quarter ending on June 30, 2006 through December 2007 and ending on or prior to March 31, 2006 2008, 1.20 to 1.00, and (ii3) 1.50:1 for any Fiscal Quarter ending each fiscal quarter thereafter, 1.50 to 1.00.”

Minimum Fixed Charge Coverage Ratio. Not permit Commencing with the first fiscal quarter following the Fifth Loan Modification Effective Date, achieve, on a trailing twelve (12) month basis, measured on the last day of each quarterly period, a Fixed Charge Coverage Ratio as of the last day of any Fiscal Quarter (commencing with the Fiscal Quarter ending June 30, 2006) to be not less than (i) 1.25:1 for any Fiscal Quarter ending June 30, 2006 through December 31, 2006 and (ii) 1.50:1 for any Fiscal Quarter ending thereafter1.25:1.00.” 3 The Loan Agreement shall be amended by deleting the following definition appearing in Section 13.1 thereof:

Minimum Fixed Charge Coverage Ratio. Not permit Permit the Fixed Charge Coverage Ratio Ratio, determined as of the last day of any Fiscal Quarter fiscal quarter of Borrower (commencing with measured on a rolling four quarter basis for the Fiscal Quarter ending June 30trailing four fiscal quarters), 2006) to be less than (i1) 1.25:1 for any Fiscal Quarter the fiscal quarter ending on March 31, 2007 1.20 to 1.00, (2) for each fiscal quarter beginning with the fiscal quarter ending on June 30, 2006 through December 2007 and ending on or prior to March 31, 2006 2008, 1.10 to 1.00, and (ii3) 1.50:1 for any Fiscal Quarter ending each fiscal quarter thereafter, 1.35 to 1.00."

Minimum Fixed Charge Coverage Ratio. Not permit Commencing with the first full fiscal quarter following the Fourth Loan Modification Effective Date, achieve, on a trailing three month basis, measured on the last day of each monthly period, a Fixed Charge Coverage Ratio as of the last day of any Fiscal Quarter (commencing with the Fiscal Quarter ending June 30, 2006) to be not less than (i) 1.25:1 for any Fiscal Quarter ending June 30, 2006 through December 31, 2006 and (ii) 1.50:1 for any Fiscal Quarter ending thereafter.1.25:1.00. 4 The Loan Agreement shall be amended by deleting the following text appearing as Section 7.7 thereof:

Minimum Fixed Charge Coverage Ratio. Not The Borrower shall not permit the Fixed Charge Coverage Ratio as of the last day of any Fiscal Quarter (commencing with the Fiscal Quarter ending June 30, 2006) to be less than (ia) 1.25:1 for 1.25 to 1.00 at the end of any Fiscal Quarter fiscal quarter ending on (and including) or prior to June 30, 2006 through December 311998, 2006 (b) 1.50 to 1.00 at the end of the fiscal quarter ending September 30, 1998 and (iic) 1.50:1 for 1.75 to 1.00 at the end of any Fiscal Quarter ending fiscal quarter thereafter." 1.9 Section 7.12 of the Credit Agreement is hereby deleted in its entirety and the following is hereby substituted in lieu thereof:

Minimum Fixed Charge Coverage Ratio. Not permit Permit the Fixed Charge Coverage Ratio as of the last day of any Fiscal Quarter (commencing with the Fiscal Quarter ending June 30, 2006) to be less than (i) 1.25:1 the following ratios for any Fiscal Quarter the following fiscal quarters: Each fiscal quarter ending June 30on or prior to March 31, 2006 through 2008 3.00 to 1.00 Each fiscal quarter ending after March 31, 2008 but on or prior to December 31, 2006 and (ii) 1.50:1 for any Fiscal Quarter 2008 3.25 to 1.00 Each fiscal quarter ending thereafter.after December 31, 2008 3.50 to 1.00

Minimum Fixed Charge Coverage Ratio. Not permit Borrower and its Subsidiaries shall have on a consolidated basis at the end of each Fiscal Quarter set forth below, a Fixed Charge Coverage Ratio as for the 12-month period then ended of not less than the last day of any Fiscal Quarter (commencing with the following: September 30, 2003 0.65 December 31, 2003 0.55 March 31, 2004 0.60 June 30, 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 each Fiscal Quarter ending June 30, 2006) to be less than (i) 1.25:1 for any Fiscal Quarter ending June 30, 2006 through December 31, 2006 and (ii) 1.50:1 for any Fiscal Quarter ending thereafter.thereafter 1.20

Minimum Fixed Charge Coverage Ratio. Not The Borrower will not permit the ratio (the "Fixed Charge Coverage Ratio Ratio"), determined as of the last day end of any Fiscal Quarter (commencing with the Fiscal Quarter each of its fiscal quarters ending on and after June 30, 20062005 for the period of 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 (i) 1.25:1 for any Fiscal Quarter ending June 30, 2006 through December 31, 2006 and (ii) 1.50:1 for any Fiscal Quarter ending thereafter1.75 to 1.0.

Minimum Fixed Charge Coverage Ratio. Not permit the Fixed Charge Coverage Ratio The Borrower shall not permit, as of the last day of any Fiscal Quarter of the Borrower, the Fixed Charge Coverage Ratio of the Loan Parties, on a consolidated basis, for the most recent ended four (commencing with 4) consecutive Fiscal Quarters to be less than: (i) 1.85 to 1.00 beginning February 3, 2007, and as of the last day of each Fiscal Quarter thereafter, through and including the Fiscal Quarter ending June 30, 2006) to be less than (i) 1.25:1 for any Fiscal Quarter ending June 30, 2006 through December October 31, 2006 2009; and (ii) 1.50:1 for any Fiscal Quarter ending thereafter.)

Minimum Fixed Charge Coverage Ratio. Not The Credit Parties shall not permit the Fixed Charge Coverage Ratio as of the last day of any Fiscal Quarter (commencing with ending on any date set forth below, calculated for the Fiscal Quarter twelve month period ending June 30on such date, 2006) to be less than (i) 1.25:1 for any Fiscal Quarter ending the minimum ratio set forth in the table below opposite such date: Date Minimum Fixed Charge Coverage Ratio June 30, 2006 through December 312017 0.90 to 1.00 September 30, 2006 2017 2020 and (ii) 1.50:1 for any the last day of each Fiscal Quarter ending thereafter.thereafter 0.95 to 1.00

Minimum Fixed Charge Coverage Ratio. Not The Borrower will not permit the Fixed Charge Coverage Ratio Ratio, as of the last day end of any Fiscal Quarter (commencing with the Fiscal Quarter ending June 30fiscal quarter during any period set forth below, 2006) to be less than (i) 1.25:1 for any Fiscal Quarter ending the ratio set forth below opposite such period: September 30, 2027 0.75 to 1.00 December 31, 2027 0.80 to 1.00 June 30, 2006 through December 31, 2006 2028 and (ii) 1.50:1 for any Fiscal Quarter each fiscal quarter ending thereafter.thereafter 1.00 to 1.00

Minimum Fixed Charge Coverage Ratio. Not permit Borrower shall have at the end of each Fiscal Quarter set forth below, a Fixed Charge Coverage Ratio as for the 12-month period then ended of not less than the last day of any following: Fiscal Quarter (commencing with the Fiscal Quarter ending Ending Fixed Charge Coverage Ratio September 30, 2000 1.1:1 December 31, 2000 1.1:1 March 31, 2001 1.1:1 June 30, 2006) to be less than (i) 1.25:1 for any Fiscal Quarter ending 2001 1.1:1 September 30, 2001 1.1:1 December 31, 2001 1.1:1 March 31, 2002 1.1:1 June 30, 2006 through December 312002 1.1:1 September 30, 2006 and (ii) 1.50:1 for any Fiscal Quarter ending thereafter.2002 1.1:1