Common use of Minimum Fixed Charge Coverage Clause in Contracts

Minimum Fixed Charge Coverage. (i) While a Payment Blockage Period is not in effect under, and as defined in, the Senior Subordination Agreement (as defined in the Senior Note and Warrant Purchase Agreement), or any other subordination agreement, as of the end of each of its fiscal quarters, ASO shall maintain a ratio (the “Fixed Charge Coverage Ratio”) of (A) for the applicable reporting period EBITDA minus the sum of all income taxes paid in cash by ISI and its Subsidiaries and all Capital Expenditures which are not financed with Funded Debt, to (B) the sum for such reporting period of (1) cash Interest Expense paid plus (2) required payments of principal of Total Debt (including the Facility C Loans (as defined in the Senior Loan Agreement), but excluding the Facility A Loans and Facility B Loans (each as defined in the Senior Loan Agreement)), of not less than 0.81 to 1.00 for the fiscal quarter ending March 31, 2010 and 0.90 to 1.00 for each fiscal quarter ending June 30, 2010 and thereafter. For each of the fiscal quarters commencing with the fiscal quarter ending December 31, 2009 through the fiscal quarter ending June 30, 2010, the Fixed Charge Coverage Ratio shall be based on cumulative reporting beginning October 1, 2009 for such periods, and for each of the fiscal quarters ending September 30, 2010 and thereafter, the Fixed Charge Coverage Ratio shall be measured on a trailing twelve (12) month basis. (ii) Until January 1, 2010 or otherwise while a Payment Blockage Period is in effect under the Senior Subordination Agreement, or any other subordination agreements, as of the end of each of its fiscal quarters, ASO shall maintain a ratio of (A) for the applicable reporting period EBITDA minus the sum of all income taxes paid in cash by ASO and all Capital Expenditures which are not financed with Funded Debt, to (B) the sum for such reporting period of (1) cash Interest Expense paid plus (2) required payments of principal of Total Debt (including the Facility C Loans, but excluding the Facility A Loans and Facility B Loans), provided, however, that cash Interest Expense and principal paid by Debtor on behalf of ISI on Senior Debt and Subordinated Debt (each as defined in the Senior Loan Agreement) shall be deducted from the sum of cash Interest Expense and principal payments on Total Debt, of not less than 0.81 to 1.00 for the fiscal quarter ending December 31, 2009, of not less than 0.81 to 1.00 for the fiscal quarter ending March 31, 2010 and of not less than 0.90 to 1.00 for the fiscal quarter ending June 30, 2010 and thereafter. For each of the fiscal quarters commencing with the fiscal quarter ending December 31, 2009 through the fiscal quarter ending June 30, 2010, the Fixed Charge Coverage Ratio shall be based on cumulative reporting beginning October 1, 2009 for such periods, and for each of the fiscal quarters ending September 30, 2010 and thereafter, the Fixed Charge Coverage Ratio shall be measured on a trailing twelve (12) month basis.

Minimum Fixed Charge Coverage. (i) While a Payment Blockage Period payment blockage period is not in effect under, and as defined in, under the Senior Subordination Agreement (as defined in the Senior Note and Warrant Purchase Agreement), or any other subordination agreement, as of the end of each of its fiscal quarters, ASO the Company and its Subsidiaries shall maintain maintain, on a consolidated basis, a ratio (the “Fixed Charge Coverage Ratio”) of (A) for the applicable reporting period EBITDA minus the sum of all income taxes paid in cash by ISI the Company and its Subsidiaries and all Capital Expenditures which are not financed with Funded Debt, to (B) the sum for such reporting period of (1) cash Interest Expense paid plus (2) required payments of principal of Total Debt (including the Facility C Loans (as defined in the Senior Loan and Security Agreement), but excluding the Facility A Loans and Facility B Loans (each as defined in the Senior Loan and Security Agreement)), of not less than 0.81 1.10 to 1.00 for the fiscal quarter ending March 31, 2010 and 0.90 to 1.00 for each fiscal quarter ending June 30, 2010 and thereafter1.00. For each the calendar year of the fiscal quarters commencing with the fiscal quarter ending December 31, 2009 through the fiscal quarter ending June 30, 20102008, the Fixed Charge Coverage Ratio shall be based on upon cumulative 2008 reporting beginning October 1until December 31, 2009 for such periods2008, and for each of the fiscal quarters ending September 30, 2010 and thereafter, the Fixed Charge Coverage Ratio thereafter it shall be measured on a trailing twelve (12) month basis; provided, however, that in the event the Fixed Charge Coverage Ratio for the applicable reporting period is at or between .90 to 1.00 and 1.09 to 1.00, the Company shall have the option (the “Coverage Option”), exercisable one (1) time during the term of this Agreement, to accrue the Current Interest and default interest due and payable under the Note (but not under Note A or any other note) “in kind” for two (2) successive quarterly periods prior to any Event of Default being declared by the Purchaser hereunder. (ii) Until January 1, 2010 or otherwise while While a Payment Blockage Period payment blockage period is in effect under the Senior Subordination Agreement, Agreement or any other subordination agreementsagreement, as of the end of each of its fiscal quarters, ASO the Company and its Subsidiaries shall maintain a ratio of (A) for the applicable reporting period EBITDA minus the sum of all income taxes paid in cash by ASO the Company and its Subsidiaries and all Capital Expenditures which are not financed with Funded Debt, to (B) the sum for such reporting period of (1) cash Interest Expense paid plus (2) required payments of principal of Total Debt (including the Facility C LoansLoans (as defined in the Loan and Security Agreement), but excluding the Facility A Loans and Facility B LoansLoans (each as defined in the Loan and Security Agreement)), provided, however, that cash Interest Expense and principal paid by Debtor Parent on behalf of ISI the Company on Senior Debt (limited to a $500,000.00 deduction for the period ending December 31, 2008 and an additional $500,000.00 deduction for the period ending March 31, 2009) and Subordinated Debt (each as defined in the Senior Loan Agreement) shall be deducted from the sum of cash Interest Expense and principal payments on Total Debt, of not less than 0.81 1.10 to 1.00 for the fiscal quarter ending December 31, 2009, of not less than 0.81 to 1.00 for the fiscal quarter ending March 31, 2010 and of not less than 0.90 to 1.00 for the fiscal quarter ending June 30, 2010 and thereafter1.00. For each the calendar year of the fiscal quarters commencing with the fiscal quarter ending December 31, 2009 through the fiscal quarter ending June 30, 20102008, the Fixed Charge Coverage Ratio shall be based on upon cumulative 2008 reporting beginning October 1until December 31, 2009 for such periods2008, and for each of the fiscal quarters ending September 30, 2010 and thereafter, the Fixed Charge Coverage Ratio thereafter it shall be measured on a trailing twelve (12) month basis.” (f) Section 4.7(c) of the Purchase Agreement is hereby amended and restated in its entirety to read as follows:

Minimum Fixed Charge Coverage. (i) While a Payment Blockage Period is not in effect under, and as defined in, the Senior Subordination Agreement (as defined in the Senior Note and Warrant Purchase Agreement), or any other subordination agreement, as of the end of each of its fiscal quarters, ASO shall maintain a ratio (the “Fixed Charge Coverage Ratio”) of (A) for the applicable reporting period EBITDA minus the sum of all income taxes paid in cash by ISI and its Subsidiaries ASO and all Capital Expenditures which are not financed with Funded Debt, to (B) the sum for such reporting period of (1) cash Interest Expense paid plus (2) required payments of principal of Total Debt (including the Facility C Loans (as defined in the Senior Loan Agreement), but excluding the Facility A Loans and Facility B Loans (each as defined in the Senior Loan Agreement)), of not less than 0.81 to 1.00 for the fiscal quarter ending March 31, 2010 and 0.90 to 1.00 for each fiscal quarter ending June 30, 2010 and thereafter. For each of the fiscal quarters commencing with the fiscal quarter ending December 31, 2009 through the fiscal quarter ending June 30, 2010, the Fixed Charge Coverage Ratio shall be based on cumulative reporting beginning October 1, 2009 for such periods, and for each of the fiscal quarters ending September 30, 2010 and thereafter, the Fixed Charge Coverage Ratio shall be measured on a trailing twelve (12) month basis. (ii) Until January 1, 2010 or otherwise while a Payment Blockage Period is in effect under the Senior Subordination Agreement, or any other subordination agreements, as of the end of each of its fiscal quarters, ASO shall maintain a ratio of (A) for the applicable reporting period EBITDA minus the sum of all income taxes paid in cash by ASO and all Capital Expenditures which are not financed with Funded Debt, to (B) the sum for such reporting period of (1) cash Interest Expense paid plus (2) required payments of principal of Total Debt (including the Facility C Loans, but excluding the Facility A Loans and Facility B Loans), provided, however, that cash Interest Expense and principal paid by Debtor on behalf of ISI on Senior Debt and Subordinated Debt (each as defined in the Senior Loan Agreement) shall be deducted from the sum of cash Interest Expense and principal payments on Total Debt, of not less than 0.81 to 1.00 for the fiscal quarter ending December 31, 2009, of not less than 0.81 to 1.00 for the fiscal quarter ending March 31, 2010 and of not less than 0.90 to 1.00 for the fiscal quarter ending June 30, 2010 and thereafter. For each of the fiscal quarters commencing with the fiscal quarter ending December 31, 2009 through the fiscal quarter ending June 30, 2010, the Fixed Charge Coverage Ratio shall be based on cumulative reporting beginning October 1, 2009 for such periods, and for each of the fiscal quarters ending September 30, 2010 and thereafter, the Fixed Charge Coverage Ratio shall be measured on a trailing twelve (12) month basis.

Minimum Fixed Charge Coverage. (ia) While a Payment Blockage Period is not in effect under, and as defined in, the Senior Subordination Agreement (as defined in the Senior Note and Warrant Purchase Agreement), or any other subordination agreement, as of As at the end of each fiscal quarter during each fiscal year of the Borrower, the Projected Cash Flow Available for Fixed Charges for such current fiscal year and the next succeeding fiscal year will be greater than 150% of the related Fixed Charges for each such fiscal year. (b) Within 15 days after delivery of a notice from the Agent pursuant to Section 5.17(c), and simultaneously with the delivery of each set of financial statements referred to in Section 5.1(b), the Borrower will deliver to each of the Banks a certificate of the chief financial officer or the chief accounting officer of the Borrower setting forth in reasonable detail the calculations required to establish whether the Borrower was in compliance with the requirements of Section 5.17(a) at the date of delivery of such certificate. Such certificate shall set forth a calculation of Fixed Charges for the then current fiscal year and the next succeeding fiscal year determined as of the last day of the then most recent ended fiscal year of the Borrower, in the case of the first such certificate delivered during any fiscal year, and as of the then most recently ended fiscal quarter, in the case of each subsequent certificate delivered during any fiscal year, and shall be based upon the Projected Cash Flow Available for Fixed Charges as determined pursuant to Section 5.17(c), adjusted in the case of such subsequently delivered certificates to reflect FHI EBITDA for the eight consecutive fiscal quarters then most recently ended and, if either the Borrower or the Agent so elects by notice to the other, to reflect changes in currency exchange rates since the end of the most recently ended fiscal year. (c) On or as promptly as practicable after each date on which the Agent shall receive an Engineer's Report pursuant to Section 5.14(a) and the information called for by Section 5.1(h), the Borrower shall determine the Projected Cash Flow Available for Fixed Charges for the then current fiscal year and the next succeeding fiscal year and notify the Agent and the Banks of its fiscal quarters, ASO shall maintain a ratio (determination. The determination by the “Borrower of the Projected Cash Flow Available for Fixed Charge Coverage Ratio”) of (A) for the applicable reporting period EBITDA minus the sum of all income taxes paid in cash by ISI and its Subsidiaries and all Capital Expenditures which are not financed with Funded Debt, to (B) the sum for such reporting period of (1) cash Interest Expense paid plus (2) required payments of principal of Total Debt (including the Facility C Loans (as defined in the Senior Loan Agreement), but excluding the Facility A Loans and Facility B Loans (each as defined in the Senior Loan Agreement)), of not less than 0.81 to 1.00 for the fiscal quarter ending March 31, 2010 and 0.90 to 1.00 Charges for each fiscal quarter ending June 30, 2010 and thereafter. For each of the fiscal quarters commencing with the fiscal quarter ending December 31, 2009 through the fiscal quarter ending June 30, 2010, the Fixed Charge Coverage Ratio year shall be based on cumulative reporting beginning October 1the information relating to the Engineered Properties set forth in the applicable Engineer's Report, 2009 for such periods, and for each of but subject to the fiscal quarters ending September 30, 2010 and thereafter, the Fixed Charge Coverage Ratio shall be measured on a trailing twelve (12) month basisfactors referred to in Section 2.1(b). (iid) Until January 1In determining Fixed Charges and Projected Cash Flow Available for Fixed Charges, 2010 or otherwise all currencies other than U.S. Dollars shall be converted into U.S. Dollars at a rate of exchange equal to the average Spot Rate for the calendar month ending on the date as of which such determination is being made. Therefore, in accordance with Section 5.17(b), the applicable currency conversion rate for purposes of determining Fixed Charges will be recalculated quarterly while a Payment Blockage Period is in effect under the Senior Subordination Agreementapplicable currency conversion rate for purposes of determining Projected Cash Flow Available for Fixed Charges will be recalculated annually and, or any other subordination agreementsif the Borrower shall so elect, as of the end of each of its fiscal quarters, ASO shall maintain a ratio of (A) for the applicable reporting period EBITDA minus the sum of all income taxes paid in cash by ASO and all Capital Expenditures which are not financed with Funded Debt, to (B) the sum for such reporting period of (1) cash Interest Expense paid plus (2) required payments of principal of Total Debt (including the Facility C Loans, but excluding the Facility A Loans and Facility B Loans), provided, however, that cash Interest Expense and principal paid by Debtor on behalf of ISI on Senior Debt and Subordinated Debt (each as defined in the Senior Loan Agreement) shall be deducted from the sum of cash Interest Expense and principal payments on Total Debt, of not less than 0.81 to 1.00 for the fiscal quarter ending December 31, 2009, of not less than 0.81 to 1.00 for the fiscal quarter ending March 31, 2010 and of not less than 0.90 to 1.00 for the fiscal quarter ending June 30, 2010 and thereafter. For each of the fiscal quarters commencing with the fiscal quarter ending December 31, 2009 through the fiscal quarter ending June 30, 2010, the Fixed Charge Coverage Ratio shall be based on cumulative reporting beginning October 1, 2009 for such periods, and for each of the fiscal quarters ending September 30, 2010 and thereafter, the Fixed Charge Coverage Ratio shall be measured on a trailing twelve (12) month basisany quarter.