Common use of Senior Secured Leverage Ratio Clause in Contracts

Senior Secured Leverage Ratio. Not permit the Senior Secured Leverage Ratio as of the end of any fiscal quarter of the Guarantor to be above the maximum ratio set forth below opposite such fiscal quarter: Fiscal Quarter Ending Maximum Senior Secured Leverage Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 and Each Fiscal Quarter Thereafter 2.75:1.00

Senior Secured Leverage Ratio. Not The Borrower will not permit the Senior Secured Leverage Ratio as of on the end last day of any of its fiscal quarter of quarters to exceed the Guarantor to be above the maximum ratio set forth below opposite the period in which such last day falls: Period Maximum Ratio Effective Date through and including the last day of the fiscal quarter: Fiscal Quarter Ending Maximum Senior Secured Leverage Ratio Fourth Quarter 2013 3.50:1.00 year 2011 3.25 to 1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 day of fiscal year 2012 through and Each Fiscal Quarter including the last day of the fiscal year 2012 3.00 to 1.00 Thereafter 2.75:1.002.75 to 1.00

Senior Secured Leverage Ratio. Not The Borrower will not permit the Senior Secured Leverage Ratio as of the end of any fiscal quarter of Fiscal Quarter ending after the Guarantor Closing Date and occurring during any period set forth below to be above greater than the maximum ratio set forth below opposite such fiscal quarterperiod: Fiscal Quarter Ending Maximum Senior Secured Period Leverage Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 ------ -------------- Closing Date to 3.10:1 3/31/98 4/1/98 to 6/30/98 3.00:1 7/1/98 to 9/30/98 2.85:1 10/1/98 and Each Fiscal Quarter Thereafter 2.75:1.00thereafter 2.75:1

Senior Secured Leverage Ratio. Not The Borrower shall not permit the Senior Secured Leverage Ratio as of at the end of any fiscal quarter of the Guarantor Fiscal Quarter set forth below to be above greater than the maximum ratio set forth below opposite such fiscal quarterFiscal Quarter: Fiscal Quarter Ending Maximum Senior Secured Leverage Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 September 30, 2017 4.75 to 1.00 December 31, 2017 4.25 to 1.00 March 31, 2018 3.75 to 1.00 June 30, 2018 3.25 to 1.00 September 30, 2018 and Each each Fiscal Quarter Thereafter 2.75:1.00thereafter 3.00 to 1.00

Senior Secured Leverage Ratio. Not permit Permit the Senior Secured Leverage Ratio as of at the end of any fiscal quarter of the Guarantor Terex ending during a period set forth below to be above greater than the maximum ratio set forth below opposite for such fiscal quarterperiod: Fiscal Quarter Ending Maximum Senior Secured Leverage Period Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 Funding Date through and Each Fiscal Quarter including September 30, 2011 4.00 to 1.00 October 1, 2011 through and including December 31, 2011 3.50 to 1.00 January 1, 2012 through and including March 31, 2012 3.00 to 1.00 April 1, 2012 through and including June 30, 2012 2.50 to 1.00 Thereafter 2.75:1.002.25 to 1.00

Senior Secured Leverage Ratio. Not (a) During the period from the Closing Date to the first anniversary thereof, the Borrowers will not permit the Senior Secured Leverage Ratio Ratio, measured as of the end of any fiscal quarter last day of the Guarantor most recently ended Fiscal Quarter for which financial statements were required to have been delivered in accordance with Section 6.2, and for the period of four Fiscal Quarters then ending, to be above the maximum ratio set forth below opposite such fiscal quarter: Fiscal Quarter Ending Maximum Senior Secured Leverage Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 and Each Fiscal Quarter Thereafter 2.75:1.00greater than 1.75 to 1.0;

Senior Secured Leverage Ratio. Not The Borrower will not, as of the last day of the fiscal quarters ending December 31, 2012, March 31, 2013, June 30, 2013, and September 30, 2013, permit the Senior Secured Leverage Ratio as of the end of any fiscal quarter of the Guarantor to be above the maximum ratio set forth below opposite such fiscal quarter: Fiscal Quarter Ending Maximum Senior Secured Leverage Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 and Each Fiscal Quarter Thereafter 2.75:1.00exceed 2.85 to 1.00.”

Senior Secured Leverage Ratio. Not permit The Borrower will maintain, as of the last day of each Fiscal Quarter, a Senior Secured Leverage Ratio as of the end of any fiscal quarter of the Guarantor to be above the maximum ratio set forth below opposite such fiscal quarter: not greater than (a) for each Fiscal Quarter Ending Maximum Senior Secured Leverage Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 ending during the period from March 31, 2016 through September 30, 2017, 4.25:1.00 and Each (b) for each Fiscal Quarter Thereafter 2.75:1.00ending after September 30, 2017, 4.00:1.00.

Senior Secured Leverage Ratio. Not The Loan Parties will not permit the Senior Secured Leverage Ratio as Ratio, determined for any period of the end of four (4) consecutive Fiscal Quarters ending on any fiscal quarter of the Guarantor date during any period set forth below, to be above greater than the maximum ratio set forth below opposite such fiscal quarterperiod: Fiscal Quarter Ending Maximum Senior Secured Leverage Period Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 March 31, 2015 through September 30, 2015 4.50:1:00 December 31, 2015 4.00:1:00 March 31, 2016 through June 30, 2016 3.75:1:00 September 30, 2016 and Each Fiscal Quarter Thereafter 2.75:1.00thereafter 3.25:1:00

Senior Secured Leverage Ratio. Not The Borrower will not permit the Senior Secured Leverage Ratio as of the end last day of any a fiscal quarter of ending during any period set forth below to exceed the Guarantor to be above the maximum ratio set forth below opposite such fiscal quarterperiod: Fiscal Quarter Ending Maximum Senior Secured Leverage Period Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 Through September 30, 2007 4.25 to 1.00 October 1, 2007 through September 30, 2008 4.00 to 1.00 October 1, 2008 through September 30, 2009 3.75 to 1.00 October 1, 2009 and Each Fiscal Quarter Thereafter 2.75:1.00thereafter 3.50 to 1.00

Senior Secured Leverage Ratio. Not permit Maintain at the end of each Fiscal Quarter of Holdings a Senior Secured Leverage Ratio as of not more than the end of any fiscal quarter of the Guarantor to be above the maximum ratio amount set forth below opposite such fiscal quarterfor each period set forth below: Fiscal Quarter Ending Maximum Senior Secured Leverage Measurement Period Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 December 31, 2001 to September 30, 2002 December 31, 2002 to September 30, 2003 December 31, 2003 to December 31, 2004 March 31, 2005 and Each Fiscal Quarter Thereafter 2.75:1.00thereafter 3.25:1.0 2.75:1.0 2.25:1.0 2.00:1.0 (q) Section 5.04(e) is amended by adding to the end thereof a new clause to read as follows:

Senior Secured Leverage Ratio. Not The Borrower shall not permit the Senior Secured Leverage Ratio as of the end of any to exceed 2.50 to 1.00 for each fiscal quarter of ending on June 30, 2016, September 30, 2016, December 31, 2016 and March 31, 2017. The Borrower shall not permit the Guarantor to be above the maximum ratio set forth below opposite such fiscal quarter: Fiscal Quarter Ending Maximum Senior Secured Leverage Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 and Each Fiscal Quarter Thereafter 2.75:1.00(Limited) to exceed 2.00 to 1.00 for each fiscal quarter ending on or after June 30, 2017.

Senior Secured Leverage Ratio. Not permit Permit the Senior Secured Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the end of Company ending with any fiscal quarter of set forth below to exceed the Guarantor to be above the maximum ratio set forth below opposite such fiscal quarter: Fiscal Quarter Ending Maximum Senior Secured Leverage Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 and Each Fiscal Quarter Thereafter 2.75:1.00June 30, 2020 6.75 to 1.00 September 30, 2020 9.50 to 1.00 December 31, 2020 8.75 to 1.00 March 31, 2021 8.25 to 1.00 June 30, 2021 4.50 to 1.00 September 30, 2021 4.25 to 1.00 December 31, 2021 4.00 to 1.00

Senior Secured Leverage Ratio. Not The Borrowers shall not at any time permit the Senior Secured Leverage Ratio Ratio, calculated as of the end of any each fiscal quarter, to exceed (a) for each fiscal quarter of ending prior to June 30, 2021, 3.50 to 1.00 and (b) for the Guarantor fiscal quarter ending June 30, 2021 and each fiscal quarter thereafter, 3.25 to be above the maximum ratio set forth below opposite such fiscal quarter: Fiscal Quarter Ending Maximum Senior Secured Leverage Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 and Each Fiscal Quarter Thereafter 2.75:1.001.00 .

Senior Secured Leverage Ratio. Not The US Borrower shall not permit the its Senior Secured Leverage Ratio as of at any time to exceed the end of any fiscal quarter of the Guarantor to be above the maximum ratio set forth below opposite such fiscal quarterquarter below: Fiscal Quarter Ending Ended Maximum Senior Secured Leverage Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 and March 31, 2002 1.75 to 1.0 June 30, 2002 1.75 to 1.0 Each Fiscal Quarter Thereafter 2.75:1.00fiscal quarter ended thereafter 1.50 to 1.0.

Senior Secured Leverage Ratio. Not Xxxxx Parent will not permit the Senior Secured Leverage Ratio Ratio, as of the end last day of any each fiscal quarter, commencing with the fiscal quarter of the Guarantor ending December 31, 2017, to be above the maximum ratio set forth below opposite such greater than (i) 2.50 to 1.00 for each fiscal quarter: Fiscal Quarter Ending Maximum Senior Secured Leverage Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 quarter ending on or prior to December 31, 2018, and Each Fiscal Quarter Thereafter 2.75:1.00(ii) 2.25 to 1.00 for each fiscal quarter ending on or after March 31, 2019.

Senior Secured Leverage Ratio. Not From and after the Permitted Debt Incurrence Date, the Borrower shall not permit the Senior Secured Leverage Ratio as of the end of any fiscal quarter Fiscal Quarter of the Guarantor Borrower set forth below to be above greater than the maximum ratio set forth below opposite such fiscal quarterFiscal Quarter: Fiscal Quarter Ending Maximum Senior Secured Leverage Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 September 30, 2016 3.25 to 1.00 December 31, 2016 3.50 to 1.00 March 31, 2017 and Each June 30, 2017 3.25 to 1.00 September 30, 2017 and each Fiscal Quarter Thereafter 2.75:1.00thereafter 3.00 to 1.00

Senior Secured Leverage Ratio. Not The Borrower will not permit the Senior Secured Leverage Ratio as Ratio, determined for any period of the end of four consecutive fiscal quarters ending on or about any fiscal quarter of the Guarantor date during any period set forth below, to be above greater than the maximum ratio set forth below opposite such fiscal quarterperiod: Fiscal Quarter Ending Maximum Period Senior Secured Leverage Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 Amendment No. 1 Effective Date – 12/31/2011 4.25 to 1.00 3/31/2012 – 12/31/2012 3.75 to 1.00 3/31/2013 and Each Fiscal Quarter Thereafter 2.75:1.00thereafter 3.50 to 1.00

Senior Secured Leverage Ratio. Not permit Permit the Senior Secured Leverage Ratio as of at the end of any fiscal quarter of the Guarantor Fiscal Quarter set forth below to be above greater than the maximum ratio set forth below opposite such fiscal quarterFiscal Quarter: Fiscal Quarter Ending Maximum Senior Secured Leverage Ratio Fourth Quarter 2013 June 30, 2020 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 September 30, 2020 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 December 31, 2020 2.75:1.00 March 31, 2021 and Each each Fiscal Quarter Thereafter 2.75:1.00thereafter 2.50:1.00

Senior Secured Leverage Ratio. Not The Borrower will not permit the Senior Secured Leverage Ratio as of the end of at any time during a fiscal quarter of the Guarantor set forth below to be above greater than the maximum ratio set forth below opposite such fiscal quarterquarter below: Fiscal Quarter Ending Maximum Senior Secured Leverage Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 and Each June 30, 2003 2.50:1.00 September 30, 2003 2.50:1.00 Fiscal Quarter Thereafter 2.75:1.00Ending Ratio December 31, 2003 2.25:1.00 March 31, 2004 2.25:1.00 June 30, 2004 2.25:1.00 September 30, 2004 2.00:1.00 December 31, 2004 2.00:1.00 March 31, 2005 1.75:1.00 June 30, 2005 1.75:1.00 September 30, 2005 and thereafter 1.50:1.00

Senior Secured Leverage Ratio. Not The Borrower shall not permit the Senior Secured Leverage Ratio as of the end of any to exceed, (a) for each fiscal quarter of ending on or after March 31, 2015 but prior to June 30, 2016, 2.25 to 1.00 and (b) for each fiscal quarter ending on or after June 30, 2016, 2.00 to 1.00; provided that, this clause (b) shall cease to apply commencing with the Guarantor to be above first fiscal quarter end occurring after June 30, 2016 for which the maximum ratio set forth below opposite such fiscal quarter: Fiscal Quarter Ending Maximum Senior Secured Leverage Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 and Each Fiscal Quarter Thereafter 2.75:1.00covenant in Section 6.17 is equal to or less than 4.00 to 1.00.

Senior Secured Leverage Ratio. Not The Borrower will not, as of the last day of any fiscal quarter ending on or before September 30, 2014, permit the Senior Secured Leverage Ratio as of to exceed the end of any fiscal quarter of the Guarantor to be above the maximum applicable ratio set forth below opposite for such fiscal quarter: . Fiscal Quarter Ending Maximum Ended Total Senior Secured Leverage Ratio Fourth Quarter December 31, 2013 3.50:1.00 First Quarter 3.15:1.00 March 31, 2014 3.50:1.00 Second Quarter 3.40:1.00 June 30, 2014 3.25:1.00 Third Quarter 3.05:1.00 September 30, 2014 3.00:1.00 Fourth Quarter 2014 and Each Fiscal Quarter Thereafter 2.75:1.002.95:1.00

Senior Secured Leverage Ratio. Not The Borrower will not permit the Senior Secured Leverage Ratio Ratio, as of the end last day of any fiscal quarter, commencing with the fiscal quarter ending June 30, 2011, to be greater than (i) 3.50 to 1.00 in the case of the Guarantor fiscal quarter ending June 30, 2011, (ii) 3.25 to be above 1.00 in the maximum ratio set forth below opposite such case of the fiscal quarter: Fiscal Quarter Ending Maximum Senior Secured Leverage Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 quarter ending September 30, 2011, and Each Fiscal Quarter Thereafter 2.75:1.00(iii) 3.00 to 1.00 in the case of each fiscal quarter ending thereafter.

Senior Secured Leverage Ratio. Not Unless with the consent of the Required Revolving Lenders and the Required Lenders, permit the Senior Secured Leverage Ratio as of the end of any fiscal quarter of the Guarantor Borrower to be above the maximum ratio set forth below opposite such fiscal quarter: Fiscal Quarter Ending Maximum Senior Secured Leverage Ratio Second Quarter 2016 through Fourth Quarter 2013 2018 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 2019 through Fourth Quarter 2014 and Each Fiscal 2019 3.25:1.00 First Quarter Thereafter 2020 through Fourth Quarter 2020 3.00:1.00 First Quarter 2021 through Fourth Quarter 2021 2.75:1.00

Senior Secured Leverage Ratio. Not The Company shall not permit the Senior Secured Leverage Ratio as of the end last day of any fiscal quarter of the Guarantor shown below to be above greater than the maximum applicable ratio set forth below opposite such fiscal quarter: Fiscal Quarter Quarter(s) Ending Maximum Senior Secured Leverage Ratio Fourth Quarter June 30, 2011 5.00 to 1.0 September 30, 2011 through June 30, 2012 4.50 to 1.0 September 30, 2012 through June 30, 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 and Each Fiscal Quarter Thereafter 2.75:1.003.25 to 1.0 September 30, 2013 3.00 to 1.0

Senior Secured Leverage Ratio. Not permit the The Senior Secured Leverage Ratio shall be less than or equal to (i) 3.5 to 1.0 as of the end of any fiscal quarter ending during the period from May 31, 2007 to and including November 30, 2007 and (ii) 3.25 to 1.0 as of the Guarantor to be above the maximum ratio set forth below opposite such end of any fiscal quarter: Fiscal Quarter Ending Maximum Senior Secured Leverage Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 and Each Fiscal Quarter Thereafter 2.75:1.00quarter ending on or after February 29, 2008.

Senior Secured Leverage Ratio. Not Except during any Collateral Release Period (during which period this Section 8.11 shall not apply), the Company shall not permit the Senior Secured Leverage Ratio as of the end last day of any fiscal quarter of the Guarantor shown below to be above greater than the maximum applicable ratio set forth below opposite such fiscal quarter: Fiscal Quarter Quarter(s) Ending Maximum Senior Secured Leverage Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 September 30, 2010; December 31, 2010; March 31, 2011; June 30, 2011; and Each Fiscal Quarter Thereafter 2.75:1.00September 30, 2011 3.25 to 1.0 December 31, 2011; March 31, 2012; June 30, 2012; and September 30, 2012 3.00 to 1.0 December 31, 2012 and thereafter 2.75 to 1.0

Senior Secured Leverage Ratio. Not The Borrower will not, as of the last day of any fiscal quarter ending on or before September 30, 2014, permit the Senior Secured Leverage Ratio as of to exceed the end of any fiscal quarter of the Guarantor to be above the maximum applicable ratio set forth below opposite for such fiscal quarter: . Fiscal Quarter Ending Maximum Ended Total Senior Secured Leverage Ratio Fourth Quarter LeverageRatio December 31, 2013 3.50:1.00 First Quarter 3.15:1.00 March 31, 2014 3.50:1.00 Second Quarter 3.40:1.00 June 30, 2014 3.25:1.00 Third Quarter 3.05:1.00 September 30, 2014 3.00:1.00 Fourth Quarter 2014 and Each Fiscal Quarter Thereafter 2.75:1.002.95:1.00

Senior Secured Leverage Ratio. Not Commencing with Fiscal Quarter ending June 30, 2014, the U.S. Borrower will not permit the Senior Secured Leverage Ratio as of the end last day of any fiscal quarter of the Guarantor Fiscal Quarter set forth below to be above greater than the maximum ratio set forth below opposite such fiscal quarterFiscal Quarter below: Fiscal Quarter Ending Maximum Senior Secured Leverage Ratio Fourth Quarter 2013 3.50:1.00 First Quarter June 30, 2014 3.50:1.00 Second Quarter 8.00:1.00 September 30, 2014 3.25:1.00 Third Quarter 7.50:1.00 December 31, 2014 3.00:1.00 Fourth Quarter 2014 6.50:1.00 March 31, 2015 5.50:1.00 June 30, 2015 5.00:1.00 September 30, 2015 4.50:1.00 December 31, 2015 and Each each Fiscal Quarter Thereafter 2.75:1.00ending thereafter 3.75:1.00

Senior Secured Leverage Ratio. Not The Borrower shall not permit the Senior Secured Leverage Ratio as of at the end of any fiscal quarter of the Guarantor Fiscal Quarter set forth below to be above greater than the maximum ratio set forth below opposite such fiscal quarterFiscal Quarter: Fiscal Quarter Ending Maximum Senior Secured Leverage Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 December 31, 2017, March 31, 2018 and Each June 30, 2018 4.25 to 1.00 September 30, 2018, December 31, 2018, March 31, 2019 and June 30, 2019 3.50 to 1.00 September 30, 2019 and each Fiscal Quarter Thereafter 2.75:1.00thereafter 2.75 to 1.00

Senior Secured Leverage Ratio. Not Holdings shall not permit the Senior Secured Leverage Ratio as of on the end last day of any fiscal quarter of the Guarantor set forth below to be above greater than the maximum ratio set forth below opposite such fiscal quarter: Fiscal Quarter Ending Maximum Senior Secured Leverage Ratio Fourth Quarter June 30, 2011 4.50:1.00 September 30, 2011 4.50:1.00 December 31, 2011 4.50:1.00 March 31, 2012 4.25:1.00 June 30, 2012 4.25:1.00 September 30, 2012 4.25:1.00 December 31, 2012 4.25:1.00 March 31, 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 and Each Fiscal Quarter Thereafter 2.75:1.00thereafter 4.00:1.00

Senior Secured Leverage Ratio. Not permit Permit the Senior Secured Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the end of Borrower ending with any fiscal quarter of set forth below to exceed the Guarantor to be above the maximum ratio set forth below opposite such fiscal quarter: Fiscal Quarter Ending Maximum Ended Senior Secured Leverage Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 December 31, 2015 2.00 to 1.00 March 31, 2016 2.00 to 1.00 June 30, 2016 2.00 to 1.00 September 30, 2016 2.00 to 1.00 December 31, 2016 2.00 to 1.00 March 31, 2017 2.50 to 1.00 June 30, 2017 and Each Fiscal Quarter Thereafter 2.75:1.00the last day of each fiscal quarter thereafter 3.00 to 1.00

Senior Secured Leverage Ratio. Not permit Maintain the Senior Secured Leverage Ratio as of at the end of any each fiscal quarter of the Guarantor to be above the maximum ratio Borrower set forth below at a level not to exceed the level set forth opposite such fiscal quarterperiod: Fiscal Quarter Ending Maximum Senior Secured Leverage Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 Allowed December 31, 2003 through 2.25x September 30, 2005 December 31, 2005 through 2.00x September 30, 2007 December 31, 2007 and Each Fiscal Quarter Thereafter 2.75:1.001.75x thereafter

Senior Secured Leverage Ratio. Not Unless with the consent of the Required Revolving Lenders, permit the Senior Secured Leverage Ratio as of the end of any fiscal quarter of the Guarantor Borrower to be above the maximum ratio set forth below opposite such fiscal quarter: Fiscal Quarter Ending Maximum Senior Secured Leverage Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 and Each Fiscal Quarter Thereafter 2.75:1.00thereafter 2.75:1.00 Foresight Credit Agreement

Senior Secured Leverage Ratio. Not The Borrower will not, as of the last day of any fiscal quarter ending on or before September 30, 2014, permit the Senior Secured Leverage Ratio as of to exceed the end of any fiscal quarter of the Guarantor to be above the maximum applicable ratio set forth below opposite for such fiscal quarter: . Fiscal Quarter Ending Maximum Ended Total Senior Secured Leverage Ratio Fourth Quarter 2013 3.50:1.00 First Quarter LeverageRatio March 31, 2014 3.50:1.00 Second Quarter 3.40:1.00 June 30, 2014 3.25:1.00 Third Quarter 3.40:1.00 September 30, 2014 3.00:1.00 Fourth Quarter 2014 and Each Fiscal Quarter Thereafter 2.75:1.002.95:1.00

Senior Secured Leverage Ratio. Not The Obligors will not permit the Senior Secured Leverage Ratio as Ratio, determined for any period of the end of four (4) consecutive Fiscal Quarters ending on any fiscal quarter of the Guarantor date during any period set forth below, to be above greater than the maximum ratio set forth below opposite such fiscal quarterperiod: Fiscal Quarter Ending Maximum Senior Secured Leverage Period Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 March 31, 2015 through September 30, 2015 December 31, 2015 March 31, 2016 through June 30, 2016 September 30, 2016 and Each Fiscal Quarter Thereafter 2.75:1.00thereafter 4.50:1.00 4.00:1.00 3.75 to 1.00 3.25 to 1.00”

Senior Secured Leverage Ratio. Not The Borrower shall not permit the Senior Secured Leverage Ratio as of at the end of any fiscal quarter of the Guarantor Fiscal Quarter set forth below to be above greater than the maximum ratio set forth below opposite such fiscal quarterFiscal Quarter: 124 Fiscal Quarter Ending Maximum Senior Secured Leverage Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 September 30, 2019 2.75:1.00 December 31, 2019 2.75:1.00 March 31, 2020 2.75:1.00 June 30, 2020 2.75:1.00 September 30, 2020 2.75:1.00 December 31, 2020 and Each each Fiscal Quarter Thereafter 2.75:1.00thereafter 2.50:1.00

Senior Secured Leverage Ratio. Not The Borrower will not permit the Senior Secured Leverage Ratio Ratio: (i) as of the end of any fiscal quarter last day of the Guarantor first (1st) Fiscal Quarter of 2020, to be above greater than 3.00:1.00; and (ii) as of the maximum ratio set forth below opposite such fiscal quarter: last day of the second (2nd) Fiscal Quarter Ending Maximum Senior Secured Leverage Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 and Each Fiscal Quarter Thereafter 2.75:1.00of 2020, to be greater than 4.25:1.00.

Senior Secured Leverage Ratio. Not permit the Senior Secured Leverage Ratio as of the end of any fiscal quarter of the Guarantor to be above the maximum ratio set forth below opposite such fiscal quarter: Fiscal Quarter Ending Maximum Senior Secured Leverage Ratio Second Quarter 2016 through Fourth Quarter 2013 2018 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 2019 through Fourth Quarter 2014 and Each Fiscal 2019 3.25:1.00 First Quarter Thereafter 2020 through Fourth Quarter 2020 3.00:1.00 First Quarter 2021 through Fourth Quarter 2021 2.75:1.00”

Senior Secured Leverage Ratio. Not permit the Senior Secured Leverage Ratio as of the end of any fiscal quarter of the Guarantor to be above the maximum ratio set forth below opposite such fiscal quarter: Fiscal Quarter Ending Maximum Senior Secured Leverage Ratio Second Quarter 2016 through 3.50:1.00 Fourth Quarter 2013 3.50:1.00 20132018 First Quarter 2014 3.50:1.00 Second SecondFirst Quarter 2014 20142019 3.25:1.00 Third through Fourth Quarter 2014 2019 ThirdFirst Quarter 20142020 3.00:1.00 through Fourth Quarter 2020 First Quarter 2021 through Fourth 2.75:1.00 Quarter 2014 and Each Fiscal Quarter Thereafter 2.75:1.00Thereafter2021

Senior Secured Leverage Ratio. Not Unless with the consent of the Required Revolving Lenders, permit the Senior Secured Leverage Ratio as of the end of any fiscal quarter of the Guarantor Borrower to be above the maximum ratio set forth below opposite such fiscal quarter: Fiscal Quarter Ending Maximum Senior Secured Leverage Ratio Second Quarter 2016 through Fourth Quarter 2013 2018 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 2019 through Fourth Quarter 2014 and Each Fiscal 2019 3.25:1.00 First Quarter Thereafter 2020 through Fourth Quarter 2020 3.00:1.00 First Quarter 2021 through Fourth Quarter 2021 2.75:1.00

Senior Secured Leverage Ratio. Not The Borrower will not, as of the last day of any fiscal quarter ending on or before September 30, 2014, permit the Senior Secured Leverage Ratio as of to exceed the end of any fiscal quarter of the Guarantor to be above the maximum applicable ratio set forth below opposite for such fiscal quarter: . Fiscal Quarter Ending Maximum Ended Total Senior Secured Leverage Ratio Fourth Quarter LeverageRatio June 30, 2013 3.50:1.00 First Quarter 3.15:1.00 September 30, 2013 3.15:1.00 December 31, 2013 3.15:1.00 March 31, 2014 3.50:1.00 Second Quarter 3.10:1.00 June 30, 2014 3.25:1.00 Third Quarter 3.05:1.00 September 30, 2014 3.00:1.00 Fourth Quarter 2014 and Each Fiscal Quarter Thereafter 2.75:1.002.95:1.00

Senior Secured Leverage Ratio. Not The Borrowers shall not permit the Senior Secured Leverage Ratio as of the end last day of any fiscal quarter of the Guarantor Fiscal Quarter to be above greater than the maximum ratio set forth amount specified in the table below opposite such fiscal quarter: for the corresponding period specified below for each Fiscal Quarter Ending Quarter. Quarterly Period Maximum Senior Secured Leverage Ratio Fourth Quarter 2013 3.50:1.00 First Quarter 2014 3.50:1.00 Second Quarter 2014 3.25:1.00 Third Quarter 2014 3.00:1.00 Fourth Quarter 2014 and Each Fiscal Quarter Thereafter 2.75:1.00Ended March 31, 2006 2.25:1.00 Fiscal Quarter Ended June 30, 2006 2.75:1.00 Fiscal Quarter Ended September 30, 2006 2.50:1.00 Fiscal Quarter Ended December 31, 2006 2.50:1.00