Common use of Minimum Fixed Charge Coverage Ratio Clause in Contracts

Minimum 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 (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 October 31, 2009; and (ii)

Minimum Fixed Charge Coverage Ratio. The Borrower Loan Parties shall not permit, as of the last day of any Fiscal Quarter of the Borrower, permit the Fixed Charge Coverage Ratio to be less than (i) 1.75 to 1.00, calculated as of October 28, 2017 and as of the Loan Partiesend of each fiscal quarter thereafter through and including February 1, on a consolidated basis2020, and (ii) 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 the most recent ended four (4) consecutive Fiscal Quarters to be less than: fiscal quarters then ended.” (iG) 1.85 to 1.00 beginning February 3The following new Section 10.18 is hereby added, 2007, and as of the last day of each Fiscal Quarter thereafter, through and including the Fiscal Quarter ending October 31, 2009; and (ii)immediately following Section 10.17:

Minimum Fixed Charge Coverage Ratio. The At the end of each fiscal quarter occurring during the periods indicated below, the Borrower shall not permit, as of the last day of any Fiscal Quarter of the Borrower, permit the Fixed Charge Coverage Ratio (as calculated on the last Business Day of the Loan Parties, on a consolidated basis, for the most recent ended four (4each such fiscal quarter) consecutive Fiscal Quarters to be less thanthan the ratio set forth below opposite the period in which such fiscal quarter occurs: (i) 1.85 to 1.00 beginning February 3, 2007, and as of the last day of each Fiscal Quarter thereafter, through From and including the Fiscal Quarter ending Agreement Date to and including October 31, 2009; 1999 1.50 to 1 From and (ii)including November 1, 1999 and thereafter 1.25 to 1

Minimum Fixed Charge Coverage Ratio. The Borrower Loan Parties shall not permit, as of the last day of any Fiscal Quarter of the Borrower, permit the Fixed Charge Coverage Ratio Ratio, calculated as of the Loan Partiesend of each fiscal quarter, on a consolidated basiscommencing with the fiscal quarter ending June 30, 2012, in each case for the most recent ended four (4) consecutive Fiscal Quarters fiscal quarters then ended, to be less than: than 1.25 to 1.0; provided, however, the ratio required to be maintained for any three (i3) 1.85 to 1.00 beginning February 3fiscal quarters, 2007, and as following the execution of the last day of each Fiscal Quarter thereafter, through DOJ/EPA Agreements (which Borrower and including the Fiscal Quarter ending October Administrative Agent expect to occur by December 31, 2009; and (ii2012), may be not be less than 1.15 to 1.0.

Minimum Fixed Charge Coverage Ratio. The Domestic Borrower and its Subsidiaries shall not permit, as of the last day of any Fiscal Quarter of the Borrower, permit the Fixed Charge Coverage Ratio of the Loan Parties, on a consolidated basis, for the most recent ended four (4) consecutive Fiscal Quarters to be less than: (i) 1.85 than 1.25 to 1.00 beginning February 31.0 for each fiscal quarter ending on or before December 31, 20072008, and as of 1.50 to 1.0 for the last day of each Fiscal Quarter thereafter, through and including the Fiscal Quarter fiscal quarter ending October March 31, 2009; 2009 and thereafter.” (ii)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. The Borrower shall not permit, as of the last day of any Fiscal Quarter of the Borrower, Permit the Fixed Charge Coverage Ratio of the Loan Parties, on a consolidated basis, for the most recent ended four (4) consecutive Fiscal Quarters to be less thanthan the following ratios for the following fiscal quarters: (i) 1.85 Fiscal quarter ending December 31, 2006 2.00 to 1.00 beginning February 3, 2007, and as of the last day of each Fiscal Quarter thereafter, through and including the Fiscal Quarter quarter ending October March 31, 2009; 2007 2.00 to 1.00 Fiscal quarter ending June 30, 2007 2.25 to 1.00 Fiscal quarter ending September 30, 2007 and (ii)each fiscal quarter ending thereafter 3.00 to 1.00

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit, as of the last day of any Fiscal Quarter of the Borrower, permit the Fixed Charge Coverage Ratio Ratio, as determined at the end of the Loan Parties, on a consolidated basis, any fiscal quarter for the most recent ended preceding four fiscal quarters (4or, if less, the number of full fiscal quarters elapsed since the Initial Funding Date) consecutive Fiscal Quarters to be less thanthan the ratio set forth opposite the month in which such fiscal quarter ends: (i) 1.85 Quarter Ended Minimum Ratio January 1996 0.75 to 1.00 beginning February 3, 2007, April 1996 1.00 to 1.00 July 1996 1.10 to 1.00 October 1996 1.15 to 1.00 January 1997 and as of the last day of each Fiscal Quarter thereafter, through and including the Fiscal Quarter ending October 31, 2009; and (ii)thereafter 1.25 to 1.00

Minimum Fixed Charge Coverage Ratio. The Borrower Loan Parties shall not permit, as of the last day of any Fiscal Quarter of the Borrower, permit the Fixed Charge Coverage Ratio to be less than (i) 1.10 to 1.00, calculated as of March 31, 2013 and the Loan Partiesend of each fiscal quarter thereafter through and including June 30, on a consolidated basis2014, in each case for the most recent ended four (4) consecutive Fiscal Quarters to be less than: (i) 1.85 to 1.00 beginning February 3fiscal quarters then ended, 2007, and as of the last day of each Fiscal Quarter thereafter, through and including the Fiscal Quarter ending October 31, 2009; and (ii)) 1.20 to 1.00, calculated as of September 30, 2014 and the end of each fiscal quarter thereafter, in each case for the four (4) fiscal quarters then ended.

Minimum Fixed Charge Coverage Ratio. The Borrower Loan Parties shall not permit, as of the last day of any Fiscal Quarter of the Borrower, permit the Fixed Charge Coverage Ratio Ratio, calculated as of the Loan Parties, on a consolidated basis, for the most recent ended four (4) consecutive Fiscal Quarters end of each fiscal quarter to be less than: (i) 1.85 to 1.00 beginning February 3, 2007, and as of than the last day ratios set forth below. Quarter Ratio ------- ----- 1st fiscal quarter of each Fiscal Quarter thereafter, through 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 including the Fiscal Quarter ending October 31, 2009; and (ii)thereafter 1.40-to-1.0

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permitPermit the Fixed Charge Coverage Ratio, determined as of the last day of any Fiscal Quarter fiscal quarter of the Borrower, the Fixed Charge Coverage Ratio of the Loan Parties, Borrower (measured on a consolidated basis, rolling four quarter basis for the most recent ended trailing four (4) consecutive Fiscal Quarters fiscal quarters), to be less than: than (i1) 1.85 for the fiscal quarter ending on March 31, 2007 1.30 to 1.00 1.00, (2) for each fiscal quarter beginning February 3with the fiscal quarter ending on June 30, 20072007 and ending on or prior to March 31, 2008, 1.20 to 1.00, and as of the last day of (3) for each Fiscal Quarter fiscal quarter thereafter, through and including the Fiscal Quarter ending October 31, 2009; and (ii)1.50 to 1.00.”

Minimum Fixed Charge Coverage Ratio. The Borrower Loan Parties shall not permit, as of the last day of any Fiscal Quarter of the Borrower, permit the Fixed Charge Coverage Ratio to be less than (i) 1.75 to 1.00, calculated as of October 28, 2017 and as of the Loan Partiesend of each fiscal quarter thereafter through and including February 1, on a consolidated basis2020, and (ii) 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 the most recent ended four (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 October 31, 2009; and (ii)fiscal quarters then ended.

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit, as of the last day of any Fiscal Quarter of the Borrower, permit the Fixed Charge Coverage Ratio of the Loan Parties, on a consolidated basis, for the most recent ended four (4) consecutive Fiscal Quarters to be less thanthan the ratio set forth below for the periods specified below: (i) 1.85 to 1.00 beginning February 3, 2007, and as of the last day of each Period Ratio ------ ----- Fiscal Quarter thereafterEnded January 1, through and including 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, 1998 .90:1.0 Four Consecutive Fiscal Quarters Ending at the End of Each Subsequent Fiscal Quarter ending October 31, 2009; and (ii)1.0:1.0

Minimum Fixed Charge Coverage Ratio. The Borrower Loan Parties shall not permit, as of the last day of any Fiscal Quarter of the Borrower, permit the Fixed Charge Coverage Ratio to be less than (i) 1.15 to 1.00, calculated as of June 30, 2017 and as of the Loan Partiesend of each fiscal quarter thereafter through and including the fiscal quarter ending December 31, on a consolidated basis2020, in each case for the most recent ended four (4) consecutive Fiscal Quarters fiscal quarters then ended and (ii) 1.20 to be less than: (i) 1.85 to 1.00 beginning February 31.00, 2007calculated as of March 31, 2021 and as of the last day end of each Fiscal Quarter fiscal quarter thereafter, through and including in each case for the Fiscal Quarter ending October 31, 2009; and four (ii)4) fiscal quarters then ended.

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit, as As of the last day end of any Fiscal Quarter each fiscal quarter, commencing with the end of the Borrowerfiscal quarter ending March 31, 2003, the Guarantor will not permit the Fixed Charge Coverage Ratio of (as such term is defined in the Loan Parties, on a consolidated basis, for the most recent ended four (4Caraustar Credit Agreement) 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 Period Ratio fiscal quarter ending October March 31, 2009; 2003 0.95:1.0 fiscal quarter ending June 30, 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 (ii)each 1.50:1.0 fiscal quarter thereafter

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit, as As of the last day end of any Fiscal Quarter each fiscal quarter, commencing with the end of the Borrowerfiscal quarter ending March 31, 2003, the Credit Parties will not permit the Fixed Charge Coverage Ratio of the Loan Parties, on a consolidated basis, for the most recent ended four (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 Period Ratio ------ ----- fiscal quarter ending October March 31, 2009; 2003 0.95:1.0 fiscal quarter ending June 30, 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 (ii)each 1.50:1.0 fiscal quarter thereafter

Minimum Fixed Charge Coverage Ratio. The Borrower and its Subsidiaries shall not permithave, as on a consolidated basis at the end of each Fiscal Quarter, commencing with the last day of any Fiscal Quarter ending March 31, 2006, a Fixed Charge Coverage Ratio for the 12-month period then ended of not less than 1.5:1.0; provided, however, that for the Borrower, purpose of calculating the Fixed Charge Coverage Ratio of the Loan Parties, on a consolidated basis, for the most recent ended four (4) consecutive Fiscal Quarters to ending March 31, 2006, June 30, 2006 and September 30, 2006, EBITDA and Fixed Charges shall be less than: (i) 1.85 to 1.00 beginning February 3measured for the period commencing on January 1, 2007, 2006 and as of ending on the last day of each such Fiscal Quarter thereafter, through and including the Fiscal Quarter ending October 31, 2009; and (ii)Quarter.

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit, as of the last day of any Fiscal Quarter of the Borrower, the 's Fixed Charge Coverage Ratio of for each period shown below shall be not less than the Loan Partiesratio shown below for such period: Fiscal quarter ending June 30, on a consolidated basis1997 - 0.85:1.0 Fiscal quarter ending September 30, for the most recent ended four (4) consecutive 1997 - 1.05:1.0 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 quarter ending October December 31, 2009; and (ii)1997 - 1.20:1.0 Fiscal quarter ending March 31, 1998 - 1.45:1.0

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permitBeginning on April 30, 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 (4) consecutive Fiscal Quarters to be less than: (i) 1.85 to 1.00 beginning February 3, 20072005, and as of the last day of each Fiscal Quarter fiscal quarter thereafter, through and including it will not permit the Fiscal Quarter ending October 31, 2009; and (ii)Fixed Charge Coverage Ratio to be less than 1.25:1.

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit, as 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 the last day of any Fiscal Quarter of the Borrowerfour consecutive fiscal quarters ending thereafter, the Fixed Charge Coverage Ratio of the Loan Parties, on a consolidated basis, for the most recent ended four (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 October 31, 2009; and (ii)than 1.10:1.00.

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit, as of the last day of any Fiscal Quarter of the Borrower, the A minimum Fixed Charge Coverage Ratio of the Loan Parties, on a consolidated basis, for the most recent ended four (4) consecutive Fiscal Quarters to be less than: (i) 1.85 to 1.00 beginning February 3, 2007, and as of at the last day of each Fiscal Quarter thereafterperiod of four consecutive fiscal quarters of 1.25 to 1.0, through and including except such ratio shall not be tested for the Fiscal Quarter fiscal quarter ending October on March 31, 2009; 2013.” 1.3 Section 6.13 (Minimum Equity Infusion). Section 6.13 of the Loan Agreement is hereby amended and (ii)restated in its entirety as follows:

Minimum Fixed Charge Coverage Ratio. The Borrower shall and its consolidated Subsidiaries will not permit, as of the last day of any Fiscal Quarter of the Borrower, permit the Fixed Charge Coverage Ratio Ratio, calculated as of the Loan Parties, on a consolidated basis, end of each fiscal quarter of the Borrower set forth below for the most recent four fiscal quarters then ended four (4) consecutive Fiscal Quarters to be less than: than the ratio of (ia) 1.85 1.10 to 1.00 beginning February 3, 2007, and as of the last day April 30, 2004, (b) 1.25 to 1.00 as of each Fiscal Quarter thereafter, through and including the Fiscal Quarter ending October July 31, 2009; 2004, (c) 1.25 to 1.▇▇ ▇▇ ▇▇ ▇▇▇▇▇▇▇ ▇▇, 2004, (d) 1.50 to 1.00 as of January 31, 2005 and (ii)thereafter.

Minimum Fixed Charge Coverage Ratio. The Borrower Commencing with the fiscal quarter ending March 31, 2007 and continuing each fiscal quarter thereafter, the Loan Parties shall not permit, as of the last day of any Fiscal Quarter of the Borrower, permit the Fixed Charge Coverage Ratio Ratio, calculated as of the Loan Parties, on a consolidated basis, end of each said fiscal quarter for the most recent ended four (4) consecutive Fiscal Quarters fiscal quarters then ended, to be less thanthan the minimum ratio specified below during the period specified below: (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 October Period Minimum Ratio March 31, 2009; 2007 1.25 to 1.0 June 30, 2007 and (ii)thereafter 1.40 to 1.0"

Minimum Fixed Charge Coverage Ratio. The Borrower Loan Parties shall not permit, as of the last day of any Fiscal Quarter of the Borrower, permit the Fixed Charge Coverage Ratio to be less than (i) 1.75 to 1.00, calculated as of October 28, 2017 and as of the Loan Partiesend of each fiscal quarter thereafter through and including February 1, on a consolidated basis2020, and (ii) 1.501.25 to 1.00, calculated as of May 2, 2020 for the most recent ended four (4) consecutive Fiscal Quarters fiscal quarters then ended and (ii) 1.05 to be less than: (i) 1.85 to 1.00 beginning February 31.00, 2007calculated as of August 1, 2020 and as of the last day end of each Fiscal Quarter fiscal quarter thereafter, through and including in each case for the Fiscal Quarter ending October 31, 2009; and four (ii)4) fiscal quarters then ended.

Minimum 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 PartiesRatio, on a consolidated basis, for the most recent ended four (4) consecutive Fiscal Quarters to be less than: (i) 1.85 to 1.00 beginning February 3, 2007, and as determined as of the last day of each fiscal quarter of the Borrower set forth below for the twelve month period ending on such date (or if the period from January 1, 1997 to such date is less than twelve months, such shorter period), shall not be less than the minimum ratio set forth opposite such fiscal quarter: Fiscal Quarter thereafter, through and including the Fiscal Quarter ending October 31, 2009; and (ii)Minimum Ratio

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit, as of the last day of any Fiscal Quarter of the Borrower, permit the Fixed Charge Coverage Ratio of the Loan Parties, on a consolidated basis, for the most recent ended four (4) consecutive Fiscal Quarters to be less than: (i) 1.85 to 1.00 beginning February 3, 2007, and calculated as of the last day of each Fiscal Quarter thereafterfiscal quarter, through and including to be less than 1.10 to 1.00 for the Fiscal Quarter following periods: (i) the 6-month period ending October June 30, 2022, (ii) the 9-month period ending September 30, 2022, (iii) the 12-month period ending December 31, 2009; 2022 and (ii)continuing thereafter for each subsequent fiscal quarter.”

Minimum Fixed Charge Coverage Ratio. The Borrower shall will not permitpermit the Fixed Charge Coverage Ratio, as of the last day end of any Fiscal Quarter of the Borrowerfiscal quarter during any period set forth below, the Fixed Charge Coverage Ratio of the Loan Parties, on a consolidated basis, for the most recent ended four (4) consecutive Fiscal Quarters to be less thanthan the ratio set forth below opposite such period: (i) 1.85 September 30, 2027 0.75 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 October December 31, 2009; 2027 0.80 to 1.00 June 30, 2028 and (ii)each fiscal quarter ending thereafter 1.00 to 1.00

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit, as of the last day of any Fiscal Quarter of the Borrower, the A minimum Fixed Charge Coverage Ratio of the Loan Parties, on a consolidated basis, for the most recent ended four (4) consecutive Fiscal Quarters to be less than: (i) 1.85 to 1.00 beginning February 3, 2007, and as of at the last day of each Fiscal Quarter thereafterperiod of four consecutive fiscal quarters of 1.25 to 1.0, through and including except such ratio shall not be tested for the Fiscal Quarter fiscal quarter ending October on December 31, 2009; and 2012.” 3.4 Section 6.13 (iiMinimum 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. The Borrower shall not permitCommencing with the first full fiscal quarter following the Fourth Loan Modification Effective Date, as of achieve, on a trailing three month basis, measured on the last day of any Fiscal Quarter of the Borrowereach monthly period, the a Fixed Charge Coverage Ratio of not less than 1.25:1.00. 4 The Loan Agreement shall be amended by deleting the Loan Parties, on a consolidated basis, for the most recent ended four (4) consecutive Fiscal Quarters to be less than: (i) 1.85 to 1.00 beginning February 3, 2007, and following text appearing as of the last day of each Fiscal Quarter thereafter, through and including the Fiscal Quarter ending October 31, 2009; and (ii)Section 7.7 thereof:

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit, as of the last day of any Fiscal Quarter of the Borrower, permit the Fixed Charge Coverage Ratio of the Loan Parties, on a consolidated basis, for the most recent ended four (4) consecutive Fiscal Quarters to be less than: than (ia) 1.85 1.25 to 1.00 beginning February 3at the end of any fiscal quarter ending on (and including) or prior to June 30, 20071998, and as (b) 1.50 to 1.00 at the end of the last day of each Fiscal Quarter thereafterfiscal quarter ending September 30, through and including the Fiscal Quarter ending October 31, 2009; 1998 and (ii)c) 1.75 to 1.00 at the end of any 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. The Borrower shall not permit, as of the last day of any Fiscal Quarter of the Borrower, Permit the Fixed Charge Coverage Ratio of the Loan Parties, on a consolidated basis, for the most recent ended four (4) consecutive Fiscal Quarters to be less thanthan the following ratios for the following fiscal quarters: (i) 1.85 Each fiscal quarter ending on or prior to March 31, 2008 3.00 to 1.00 beginning February 3, 2007, and as of the last day of each Fiscal Quarter thereafter, through and including the Fiscal Quarter Each fiscal quarter ending October after March 31, 2009; and (ii)2008 but on or prior to December 31, 2008 3.25 to 1.00 Each fiscal quarter ending after December 31, 2008 3.50 to 1.00

Minimum Fixed Charge Coverage Ratio. The Borrower Loan Parties shall not permit, as of the last day of any Fiscal Quarter of the Borrower, permit the Fixed Charge Coverage Ratio of the Loan PartiesRatio, on a consolidated basis, for the most recent ended four (4) consecutive Fiscal Quarters to be less than: (i) 1.85 to 1.00 beginning February 3, 2007, and calculated as of the last day end of each Fiscal Quarter thereafterfiscal quarter for the four fiscal quarters then ended, through and including to exceed the Fiscal Quarter ending October 31, 2009; and (ii)ratio set forth below for 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. The Borrower Credit Parties shall not permit, permit the Fixed Charge Coverage Ratio as of the last day of any Fiscal Quarter of ending on any date set forth below, calculated for the Borrowertwelve month period ending on such date, to be less than the minimum ratio set forth in the table below opposite such date: Date Minimum Fixed Charge Coverage Ratio of the Loan PartiesSeptember 30, on a consolidated basis2020March 31, for the most recent ended four (4) consecutive Fiscal Quarters to be less than: (i) 1.85 to 1.00 beginning February 3, 2007, 2022 and as of the last day of each Fiscal Quarter thereafter, through and including the Fiscal Quarter ending October 31, 2009; and (ii)thereafter 1.05 to 1.00

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit, as of Commencing on the last day of any Fiscal Quarter of the Borrowerended March 31, the 2025, maintain a Fixed Charge Coverage Ratio of the Loan PartiesRatio, measured on a consolidated Fiscal Quarter-end basis, of not less than the applicable ratio set forth in the following table for the most recent ended four (4) consecutive Fiscal Quarters to be less thanapplicable date set forth opposite thereto: (i) 1.85 to 1.00 beginning February 3March 31, 20072025 1.15:1.00 June 30, 2025 and as of the last day of each Fiscal Quarter thereafter, through and including the Fiscal Quarter ending October 31, 2009; and (ii)thereafter 1.25:1.00

Minimum Fixed Charge Coverage Ratio. The Borrower shall and its consolidated Subsidiaries will not permit, as of the last day of any Fiscal Quarter of the Borrower, permit the Fixed Charge Coverage Ratio Ratio, calculated as of the Loan Partiesend of each fiscal quarter of the Borrower commencing with the fiscal quarter ended April 30, on a consolidated basis1997, and in accordance with Section 1.4, for the most recent four fiscal quarters of the Borrower then ended four (4) consecutive Fiscal Quarters to be less than: (i) 1.85 to 1.00 beginning February 3, 2007, and as of than the last day of each Fiscal Quarter thereafter, through and including ratio set forth below for the Fiscal Quarter ending October 31, 2009; and (ii)applicable fiscal quarter end:

Minimum Fixed Charge Coverage Ratio. The Borrower and its Subsidiaries shall not permit, as have on a consolidated basis at the end of the last day of any each Fiscal Quarter of the Borrowerset forth below, the a Fixed Charge Coverage Ratio of the Loan Parties, on a consolidated basis, for the most recent 12-month period then ended four (4) consecutive Fiscal Quarters to be of not less thanthan the following: (i) 1.85 to 1.00 beginning February 3June 30, 2007, 2006 and as of the last day of for each Fiscal Quarter thereafter, ending thereafter through and including the Fiscal Quarter ending October March 31, 2009; 2009 1.20:1.00 June 30, 2009 1.10:1.00 September 30, 2009 1.00:1.00 December 31, 2009 1.15:1.00 March 31, 2010 and (ii)for each Fiscal Quarter ending thereafter 1.20:1.00”

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit, as of Beginning with the last day of any Fiscal Quarter of the Borrowerending January 30, 2010 and for each and every Fiscal Quarter ending thereafter, the Credit Parties on a consolidated basis shall have, at the end of each such Fiscal Quarter, a Fixed Charge Coverage Ratio of the Loan Parties, on a consolidated basis, for the most recent trailing 12-month period then ended four (4) consecutive Fiscal Quarters of not less than 1.10 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 October 31, 2009; and (ii)1.00.

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit, as of the last day of any Fiscal Quarter of the Borrower, the maintain a Fixed Charge Coverage Ratio of the Loan PartiesRatio, determined on a consolidated basis, for the most recent ended four (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 thereafterset forth below for the four Fiscal Quarters ending on such date, through and including of at least the minimum ratio set forth below opposite such Fiscal Quarter: Minimum Fixed Fiscal Quarter ending October Charge Ratio -------------- ------------ March 31, 2009; and (ii)2008 1.15 to 1 June 30, 2008 1.15 to 1 September 30, 2008 1.20 to 1 December 31, 2008 1.20 to 1 March 31, 2009 1.20 to 1 June 30, 2009 1.20 to 1 September 30, 2009 1.25 to 1

Minimum Fixed Charge Coverage Ratio. The Borrower and its Subsidiaries shall not permit, as have on a consolidated basis at the end of the last day of any each Fiscal Quarter of the Borrowerset forth below, the a Fixed Charge Coverage Ratio of the Loan Parties, on a consolidated basis, for the most recent 12-month period then ended four (4) consecutive Fiscal Quarters to be of not less thanthan the following: (i) 1.85 to September 30, 2003 0.65 December 31, 2003 0.55 March 31, 2004 0.60 June 30, 2004 0.55 September 30, 2004 0.50 December 31, 2004 1.00 beginning February 3March 31, 20072005 1.05 June 30, 2005 1.10 September 30, 2005 and as of the last day of each Fiscal Quarter thereafter, through and including the Fiscal Quarter ending October 31, 2009; and (ii)thereafter 1.20

Minimum Fixed Charge Coverage Ratio. The Borrower shall will not permit, as of the last day of any Fiscal Quarter of the Borrower, permit the Fixed Charge Coverage Ratio Ratio, determined as of the Loan Partiesend of each of its fiscal quarters ending before March 31, 2008 for the period of four (4) consecutive fiscal quarters then ending, 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 most recent ended period of four (4) consecutive Fiscal Quarters fiscal quarters then ending, calculated for the Borrower and its Subsidiaries on a consolidated basis, to be less than: (i) 1.85 than 2.25 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 October 31, 2009; and (ii)1.0.

Minimum Fixed Charge Coverage Ratio. The Borrower and its Subsidiaries shall not permithave on a consolidated basis at the end of each Fiscal Quarter set forth below, as of a Fixed Charge Coverage Ratio for the period ending on the last day of any such Fiscal Quarter of not less than the Borrowerfollowing: three-month period ending March 31, the Fixed Charge Coverage Ratio of the Loan Parties2007 1.2:1.0 six-month period ending June 30, on a consolidated basis2007 1.2:1.0 nine-month period ending September 30, for the most recent ended four (4) consecutive Fiscal Quarters to be less than: (i) 1.85 to 1.00 beginning February 32007 1.2:1.0 twelve-month period ending December 31, 2007, and as of the last day of 2007 1.2:1.0 Each twelve-month period ending each Fiscal Quarter thereafter, through and including the Fiscal Quarter ending October 31, 2009; and (ii)thereafter 1.2:1.0

Minimum Fixed Charge Coverage Ratio. The Borrower Loan Parties shall not permit, as of the last day of any Fiscal Quarter of the Borrower, permit the Fixed Charge Coverage Ratio Ratio, calculated as of the Loan Parties, on a consolidated basis, end of each fiscal quarter for the most recent ended preceding four (4) consecutive Fiscal Quarters fiscal quarters then ended, to be less thanthan the following: (i) 1.85 to 1.00 beginning February 3, 2007, and as of the last day of each Fiscal Quarter thereafterEnding Ratio --------------------- ----- December 31, 2001 through 1.20 to 1.0 and including the Fiscal Quarter ending October 31June 30, 2009; 2003 September 30, 2003 and (ii)each 1.50 to 1.0 quarter thereafter" e) Section 8.2.17 is deleted and restated in its entirety as follows:

Minimum Fixed Charge Coverage Ratio. The Borrower Commencing with the fiscal quarter ending March 31, 2011, the Loan Parties shall not permit, as of the last day of any Fiscal Quarter of the Borrower, permit the Fixed Charge Coverage Ratio Ratio, calculated as of the Loan Parties, on a consolidated basis, end of each fiscal quarter for the most recent ended four (4) consecutive Fiscal Quarters fiscal quarters then ended, to be less than: (i) 1.85 than 1.75 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 October 1.0. Prior to March 31, 2009; 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)restated as follows:

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit, as of the last day of any Fiscal Quarter of the Borrower, permit the Fixed Charge Coverage Ratio of the Loan Parties, on a consolidated basis, for the most recent ended four (4) consecutive Fiscal Quarters to be less than: than (ia) 1.85 0.90 to 1.00 beginning February 3, 2007, and as 1 at the end of the last day of each arty Fiscal Quarter thereafter, from and including the first Fiscal Quarter of Fiscal Year 2002 through and including the third Fiscal Quarter ending October 31of Fiscal Year 2002, 2009; and (ii)b) 1.00 to 1 at the end of any Fiscal Quarter thereafter. (z) Section 7.14 of the Credit Agreement is hereby amended to read as follows:

Minimum Fixed Charge Coverage Ratio. The Borrower shall and its Subsidiaries will not permit, as of the last day of any Fiscal Quarter of the Borrower, permit the Fixed Charge Coverage Ratio calculated as of the Loan Parties, on a consolidated basis, end of each fiscal quarter of the Borrower during the periods set forth below for the most recent four fiscal quarters then ended four (4) consecutive Fiscal Quarters to be less than: than the ratio of (ia) 1.85 1.35 to 1.00 beginning February 31.00, 2007from and including October 31, and as of the last day of each Fiscal Quarter thereafter, 2008 through and including the Fiscal Quarter ending October April 30, 2009 and (b) 1.50 to 1.00 from and including July 31, 2009; 2009 and thereafter. (r) Sections 11.1(l), (m) and (ii)n) of the Credit Agreement are hereby amended to read as follows:

Minimum Fixed Charge Coverage Ratio. The Borrower and its Subsidiaries shall not permithave, as on a consolidated basis at the end of each Fiscal Quarter, commencing with the last day of any Fiscal Quarter ending March 31, 2006, a Fixed Charge Coverage Ratio for the 12-month period then ended of not less than 1.50:1.0; provided, however, that for the Borrower, purpose of calculating the Fixed Charge Coverage Ratio of the Loan Parties, on a consolidated basis, for the most recent ended four (4) consecutive Fiscal Quarters to ending March 31, 2006, June 30, 2006 and September 30, 2006, EBITDA and Fixed Charges shall be less than: (i) 1.85 to 1.00 beginning February 3measured for the period commencing on January 1, 2007, 2006 and as of ending on the last day of each such Fiscal Quarter thereafter, through and including the Fiscal Quarter ending October 31, 2009; and (ii)Quarter.

Minimum Fixed Charge Coverage Ratio. The Borrower and its Subsidiaries shall not permit, as have on a consolidated basis at the end of the last day of any each Fiscal Quarter of the Borrowerset forth below, the a Fixed Charge Coverage Ratio of the Loan Parties, on a consolidated basis, for the most recent 12-month period then ended four (4) consecutive Fiscal Quarters to be of not less thanthan the following: (i) 1.85 to 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 beginning February 3March 31, 20072005 1.05 June 30, 2005 1.10 September 30, 2005 and as of the last day of each Fiscal Quarter thereafter, through and including the Fiscal Quarter ending October 31, 2009; and (ii)thereafter 1.20

Minimum Fixed Charge Coverage Ratio. The Borrower and its Subsidiaries shall not permit, as have on a consolidated basis at the end of the last day of any each Fiscal Quarter of the Borrowerset forth below, the a Fixed Charge Coverage Ratio of the Loan Parties, on a consolidated basis, for the most recent 12-month period then ended four (4) consecutive of not less than the following: Fiscal Quarters to be less than: (i) 1.85 to Quarter ending Minimum Fixed Charge Coverage Ratio --------------------- ----------------------------------- September 30, 2003 0.65 December 31, 2003 0.55 March 31, 2004 0.60 June 30, 2004 0.70 September 30, 2004 1.00 beginning February 3December 31, 20072004 1.05 March 31, 2005 1.10 June 30, 2005 1.15 September 30, 2005 and as of the last day of each Fiscal Quarter thereafter, through and including the Fiscal Quarter ending October 31, 2009; and (ii)thereafter 1.20