Common use of Net Leverage Ratio Clause in Contracts

Net Leverage Ratio. The Borrower will not permit the Net Leverage Ratio as of the last day of any fiscal quarter ending on or about any date set forth below to exceed the ratio set forth opposite such period: September 29, 2006 4.50 to 1.00 December 29, 2006 4.50 to 1.00 March 30, 2007 4.00 to 1.00 June 29, 2007 4.00 to 1.00 September 28, 2007 4.00 to 1.00 December 28, 2007 4.00 to 1.00 March 28, 2008 4.00 to 1.00 June 27, 2008 4.00 to 1.00 September 26, 2008 4.00 to 1.00 December 26, 2008 3.50 to 1.00 March 27, 2009 3.50 to 1.00 June 26, 2009 3.50 to 1.00 September 25, 2009 3.50 to 1.00 December 25, 2009 3.50 to 1.00 March 26, 2010 3.50 to 1.00 June 25, 2010 3.50 to 1.00 September 24, 2010 3.50 to 1.00 December 31, 2010 3.50 to 1.00 Thereafter 3.50 to 1.00

Net Leverage Ratio. The Borrower will not permit the Net Leverage Ratio as of the last day of any fiscal quarter ending on or about any date set forth below to exceed the ratio set forth opposite such period: PERIOD RATIO ------ ----- September 29, 2006 4.50 to 1.00 December 29, 2006 4.50 to 1.00 March 30, 2007 4.00 to 1.00 June 29, 2007 4.00 to 1.00 September 28, 2007 4.00 to 1.00 December 28, 2007 4.00 to 1.00 March 28, 2008 4.00 to 1.00 June 27, 2008 4.00 to 1.00 September 26, 2008 4.00 to 1.00 December 26, 2008 3.50 to 1.00 March 27, 2009 3.50 to 1.00 June 26, 2009 3.50 to 1.00 September 25, 2009 3.50 to 1.00 December 25, 2009 3.50 to 1.00 March 26, 2010 3.50 to 1.00 June 25, 2010 3.50 to 1.00 September 24, 2010 3.50 to 1.00 December 31, 2010 3.50 to 1.00 Thereafter 3.50 to 1.00

Net Leverage Ratio. The Borrower will not permit the Net Leverage Ratio as of the last day of any fiscal quarter ending on or about any date set forth below to exceed the ratio set forth opposite such period: September 29December 31, 2006 4.50 to 1.00 December 29, 2006 2004 4.50 to 1.00 March 3031, 2007 4.00 2005 4.50 to 1.00 June 2930, 2007 4.00 2005 4.50 to 1.00 September 2830, 2007 4.00 to 1.00 December 28, 2007 4.00 to 1.00 March 28, 2008 4.00 to 1.00 June 27, 2008 4.00 to 1.00 September 26, 2008 4.00 to 1.00 December 26, 2008 3.50 to 1.00 March 27, 2009 3.50 to 1.00 June 26, 2009 3.50 to 1.00 September 25, 2009 3.50 to 1.00 December 25, 2009 3.50 to 1.00 March 26, 2010 3.50 to 1.00 June 25, 2010 3.50 to 1.00 September 24, 2010 3.50 2005 4.50 to 1.00 December 31, 2010 3.50 2005 4.25 to 1.00 March 31, 2006 4.00 to 1.00 June 30, 2006 4.00 to 1.00 September 30, 2006 4.00 to 1.00 December 31, 2006 3.75 to 1.00 March 31, 2007 3.75 to 1.00 June 30, 2007 3.75 to 1.00 September 30, 2007 3.75 to 1.00 Thereafter 3.50 to 1.00

Net Leverage Ratio. The Borrower will not permit Permit the Net Leverage Ratio as of the last day of any fiscal quarter ending on or about quarter, which last day occurs in any date period set forth below below, to exceed be in excess of the ratio set forth opposite below for such period: September 29Period: Ratio: March 31, 2006 4.50 1998 to 1.00 December 29, 2006 4.50 to 1.00 March June 30, 2007 1998 4.00 July 1, 1998 to 1.00 June 29, 2007 4.00 to 1.00 September 28, 2007 4.00 to 1.00 December 28, 2007 4.00 to 1.00 March 28, 2008 4.00 to 1.00 June 27, 2008 4.00 to 1.00 September 26, 2008 4.00 to 1.00 December 26, 2008 3.50 to 1.00 March 27, 2009 3.50 to 1.00 June 26, 2009 3.50 to 1.00 September 25, 2009 3.50 to 1.00 December 25, 2009 3.50 to 1.00 March 26, 2010 3.50 to 1.00 June 25, 2010 3.50 to 1.00 September 24, 2010 3.50 to 1.00 December 31, 2010 1998 3.75 January 1, 1999 to March 31, 1999 3.50 April 1, 1999 to 1.00 Thereafter 3.50 June 30, 1999 3.25 July 1, 1999 to September 30, 1999 3.00 October 1, 1999 to June 30, 2000 2.50 July 1, 2000 to September 30, 2000 2.25 October 1, 2000 to March 31, 2001 2.00 April 1, 2001 to September 30, 2001 1.75 October 1, 2001 to March 31, 2002 1.50 April 1, 2002 and thereafter 1.00

Net Leverage Ratio. The Borrower will not permit Permit the Net Leverage Ratio as of on the last day of any fiscal quarter ending on or about in any date period set forth below below, to exceed be in excess of the ratio set forth opposite below for such period: Period: Ratio: January 1, 2005 to and including September 2930, 2006 4.50 to 1.00 December 297.35:1.00 October 1, 2006 4.50 to 1.00 and including March 31, 2007 7.10:1.00 April 1, 2007 to and including September 30, 2007 4.00 to 1.00 June 296.85:1.00 October 1, 2007 4.00 to 1.00 September 28, 2007 4.00 to 1.00 December 28, 2007 4.00 to 1.00 March 28and including June 30, 2008 4.00 to 1.00 June 276.60:1.00 July 1, 2008 4.00 to 1.00 September 26, 2008 4.00 to 1.00 December 26, 2008 3.50 to 1.00 March 27and including June 30, 2009 3.50 to 1.00 June 266.35:1.00 July 1, 2009 3.50 to 1.00 September 25, 2009 3.50 to 1.00 December 25, 2009 3.50 to 1.00 and including March 26, 2010 3.50 to 1.00 June 25, 2010 3.50 to 1.00 September 24, 2010 3.50 to 1.00 December 31, 2010 3.50 6.10:1.00 April 1, 2010 to 1.00 Thereafter 3.50 to 1.00and including September 30, 2010 5.85:1.00 October 1, 2010 and thereafter 5.60:1.00

Net Leverage Ratio. The Borrower will not permit Permit the Net Leverage Ratio as of on the last day of any fiscal quarter ending on or about in any date period set forth below below, to exceed be in excess of the ratio set forth opposite below for such period: Period: Ratio: January 1, 2005 to and including September 2930, 2006 4.50 to 1.00 December 296.75:1.00 October 1, 2006 4.50 to 1.00 and including March 31, 2007 6.50:1.00 April 1, 2007 to and including September 30, 2007 4.00 to 1.00 June 296.25:1.00 October 1, 2007 4.00 to 1.00 September 28, 2007 4.00 to 1.00 December 28, 2007 4.00 to 1.00 March 28and including June 30, 2008 4.00 to 1.00 June 276.00:1.00 July 1, 2008 4.00 to 1.00 September 26, 2008 4.00 to 1.00 December 26, 2008 3.50 to 1.00 March 27and including June 30, 2009 3.50 to 1.00 June 265.75:1.00 July 1, 2009 3.50 to 1.00 September 25, 2009 3.50 to 1.00 December 25, 2009 3.50 to 1.00 and including March 26, 2010 3.50 to 1.00 June 25, 2010 3.50 to 1.00 September 24, 2010 3.50 to 1.00 December 31, 2010 3.50 5.50:1.00 April 1, 2010 to 1.00 Thereafter 3.50 to 1.00and including September 30, 2010 5.25:1.00 October 1, 2010 and thereafter 5.00:1.00

Net Leverage Ratio. The Borrower will not permit the maximum Net Leverage Ratio as of the last day of any fiscal quarter ending on or about any date set forth below after the Closing Date to exceed the ratio set forth below opposite such periodfiscal quarter: September 29, 2006 4.50 to 1.00 December 29, 2006 4.50 to 1.00 March Fiscal Quarter Net Leverage Ratio June 30, 2007 4.00 to 1.00 2015 5.25:1.00 September 30, 2015 5.25:1.00 December 30, 2015 5.25:1.00 March 31, 2016 5.25:1.00 June 2930, 2007 4.00 to 1.00 2016 5.25:1.00 September 2830, 2007 4.00 to 1.00 December 28, 2007 4.00 to 1.00 March 28, 2008 4.00 to 1.00 June 27, 2008 4.00 to 1.00 September 26, 2008 4.00 to 1.00 December 26, 2008 3.50 to 1.00 March 27, 2009 3.50 to 1.00 June 26, 2009 3.50 to 1.00 September 25, 2009 3.50 to 1.00 December 25, 2009 3.50 to 1.00 March 26, 2010 3.50 to 1.00 June 25, 2010 3.50 to 1.00 September 24, 2010 3.50 to 1.00 2016 5.25:1.00 December 31, 2010 3.50 to 1.00 Thereafter 3.50 to 1.002016 5.00:1.00 March 31, 2017 5.00:1.00 June 30, 2017 5.00:1.00 September 30, 2017 5.00:1.00 December 31, 2017 4.75:1.00 March 31, 2018 4.75:1.00 June 30, 2018 4.75:1.00 September 30, 2018 4.75:1.00 December 31, 2018 and each fiscal quarter ending thereafter 4.50:1.00

Net Leverage Ratio. The Borrower will not permit Permit the Net Leverage Ratio as of on the last day of any fiscal quarter ending on or about in any date period set forth below below, to exceed be in excess of the ratio set forth opposite below for such period: Period: Ratio: Closing Date to and including June 30, 2003 5.95:1.0 July 1, 2003 to and including September 2930, 2003 5.75:1.0 October 1, 2003 to and including June 30, 2004 5.50:1.0 July 1, 2004 to and including September 30, 2004 5.25:1.0 October 1, 2004 to and including June 30, 2005 5.00:1.0 July 1, 2004 to and including September 30, 2005 4.75:1.0 October 1, 2005 to and including June 30, 2006 4.50 to 1.00 December 294.50:1.0 July 1, 2006 4.50 to 1.00 March 30, 2007 4.00 to 1.00 June 29, 2007 4.00 to 1.00 September 28, 2007 4.00 to 1.00 December 28, 2007 4.00 to 1.00 March 28, 2008 4.00 to 1.00 June 27, 2008 4.00 to 1.00 September 26, 2008 4.00 to 1.00 December 26, 2008 3.50 to 1.00 March 27, 2009 3.50 to 1.00 June 26, 2009 3.50 to 1.00 September 25, 2009 3.50 to 1.00 December 25, 2009 3.50 to 1.00 March 26, 2010 3.50 to 1.00 June 25, 2010 3.50 to 1.00 September 24, 2010 3.50 to 1.00 and including December 31, 2010 3.50 to 1.00 Thereafter 3.50 to 1.002006 4.25:1.0 January 1, 2007 and thereafter 4.00:1.0