Common use of Minimum Quarterly Consolidated EBITDA Clause in Contracts

Minimum Quarterly Consolidated EBITDA. The Issuer will not permit Consolidated EBITDA for any fiscal quarter to be less than the amount set forth opposite such fiscal quarter: QUARTER MINIMUM AMOUNT Fourth Quarter of 2001 negative $18.0 million First Quarter of 2002 negative $13.0 million Second Quarter of 2002 negative $10.0 million Third Quarter of 2002 Zero Fourth Quarter of 2002 $8.0 million First Quarter of 2003 $10 million Second Quarter of 2003 $16.0 million Third Quarter of 2003 $19.0 million Fourth Quarter of 2003 $25.0 million First Quarter of 2004 $27.0 million Second Quarter of 2004 $30.0 million Third Quarter of 2004 $33.0 million Fourth Quarter of 2004 $35.0 million First Quarter of 2005 $37.0 million Second Quarter of 2005 $40.0 million Third Quarter of 2005 $42.0 million Fourth Quarter of 2005 $44.0 million First Quarter of 2006 $46.0 million Second Quarter of 2006 $48.0 million Third Quarter of 2006 $50.0 million Fourth Quarter of 2006 $52.0 million First Quarter of 2007 $54.0 million Second Quarter of 2007 $56.0 million Third Quarter of 2007 $58.0 million Fourth Quarter of 2007 $60.0 million

Minimum Quarterly Consolidated EBITDA. The Issuer Borrower will not permit Consolidated EBITDA for any fiscal quarter to be less than the amount set forth opposite such fiscal quarter: QUARTER MINIMUM AMOUNT Fourth Quarter of 2001 negative $18.0 million First Quarter of 2002 negative $13.0 million Second Quarter of 2002 negative $10.0 million Third Quarter of 2002 Zero zero Fourth Quarter of 2002 $8.0 million First Quarter of 2003 $10 10.0 million Second Quarter of 2003 $16.0 million Third Quarter of 2003 $19.0 million Fourth Quarter of 2003 $25.0 million First Quarter of 2004 $27.0 million Second Quarter of 2004 $30.0 million Third Quarter of 2004 $33.0 million Fourth Quarter of 2004 $35.0 million First Quarter of 2005 $37.0 million Second Quarter of 2005 $40.0 million Third Quarter of 2005 $42.0 million Fourth Quarter of 2005 $44.0 million First Quarter of 2006 $46.0 million Second Quarter of 2006 $48.0 million Third Quarter of 2006 $50.0 million Fourth Quarter of 2006 $52.0 million First Quarter of 2007 $54.0 million Second Quarter of 2007 $56.0 million Third Quarter of 2007 $58.0 million Fourth Quarter of 2007 $60.0 million

Minimum Quarterly Consolidated EBITDA. The Issuer will not permit Consolidated EBITDA for any fiscal quarter to be less than the amount set forth opposite such fiscal quarter: QUARTER MINIMUM AMOUNT Fourth Quarter of 2001 negative $18.0 25.0 million First Quarter of 2002 negative $13.0 million Second Quarter of 2002 negative $10.0 million Third Quarter of 2002 Zero Fourth Quarter of 2002 $8.0 million First Quarter of 2003 $10 million Second Quarter of 2003 $16.0 million Third Quarter of 2003 $19.0 million Fourth Quarter of 2003 $25.0 million First Quarter of 2004 $27.0 million Second Quarter of 2004 $30.0 million Third Quarter of 2004 $33.0 million Fourth Quarter of 2004 $35.0 million First Quarter of 2005 $37.0 million Second Quarter of 2005 $40.0 million Third Quarter of 2005 $42.0 million Fourth Quarter of 2005 $44.0 million First Quarter of 2006 $46.0 million Second Quarter of 2006 $48.0 million Third Quarter of 2006 $50.0 million Fourth Quarter of 2006 $52.0 million First Quarter of 2007 $54.0 million Second Quarter of 2007 $56.0 million Third Quarter of 2007 $58.0 million Fourth Quarter of 2007 $60.0 million

Minimum Quarterly Consolidated EBITDA. The Issuer Borrower will not permit Consolidated EBITDA for any fiscal quarter to be less than the amount set forth opposite such fiscal quarter: QUARTER MINIMUM AMOUNT Fourth Quarter of 2001 negative $18.0 25.0 million First Quarter of 2002 negative $13.0 million Second Quarter of 2002 negative $10.0 million Third Quarter of 2002 Zero Fourth Quarter of 2002 $8.0 million First Quarter of 2003 $10 10.0 million Second Quarter of 2003 $16.0 million Third Quarter of 2003 $19.0 million Fourth Quarter of 2003 $25.0 million First Quarter of 2004 $27.0 million Second Quarter of 2004 $30.0 million Third Quarter of 2004 $33.0 million Fourth Quarter of 2004 $35.0 million First Quarter of 2005 $37.0 million Second Quarter of 2005 $40.0 million Third Quarter of 2005 $42.0 million Fourth Quarter of 2005 $44.0 million First Quarter of 2006 $46.0 million Second Quarter of 2006 $48.0 million Third Quarter of 2006 $50.0 million Fourth Quarter of 2006 $52.0 million First Quarter of 2007 $54.0 million Second Quarter of 2007 $56.0 million Third Quarter of 2007 $58.0 million Fourth Quarter of 2007 $60.0 million

Minimum Quarterly Consolidated EBITDA. The Issuer Borrower will not permit Consolidated EBITDA for any fiscal quarter to be less than the amount set forth opposite such fiscal quarter: QUARTER MINIMUM AMOUNT Fourth Quarter of 2001 negative $18.0 million First Quarter of 2002 negative $13.0 million Second Quarter of 2002 negative $10.0 million Third Quarter of 2002 Zero Fourth Quarter of 2002 $8.0 million First Quarter of 2003 $10 10.0 million Second Quarter of 2003 $16.0 million Third Quarter of 2003 $19.0 million Fourth Quarter of 2003 $25.0 million First Quarter of 2004 $27.0 million Second Quarter of 2004 $30.0 million Third Quarter of 2004 $33.0 million Fourth Quarter of 2004 $35.0 million First Quarter of 2005 $37.0 million Second Quarter of 2005 $40.0 million Third Quarter of 2005 $42.0 million Fourth Quarter of 2005 $44.0 million First Quarter of 2006 $46.0 million Second Quarter of 2006 $48.0 million Third Quarter of 2006 $50.0 million Fourth Quarter of 2006 $52.0 million First Quarter of 2007 $54.0 million Second Quarter of 2007 $56.0 million Third Quarter of 2007 $58.0 million Fourth Quarter of 2007 $60.0 million