Common use of Senior Secured Leverage Ratio Clause in Contracts

Senior Secured Leverage Ratio. Permit the Senior Secured Leverage Ratio during any period set forth below to exceed the applicable ratio set forth below opposite such period: Period Maximum Ratio ------ ------------- September 30, 2001 - June 29, 2002 3.00 to 1.00 June 30, 2002 and all times thereafter 2.50 to 1.00

Senior Secured Leverage Ratio. Permit the The Senior Secured Leverage Ratio Ratio, determined for any period of four consecutive fiscal quarters ending on or about any date during any period set forth below to exceed below, shall be greater than the applicable ratio set forth below opposite such period: Period Maximum Senior Secured Leverage Ratio ------ ------------- September 30, 2001 - June 29, 2002 3.00 11/24/10 – 12/31/2011 4.25 to 1.00 June 30, 2002 3/31/2012 – 12/31/2012 3.75 to 1.00 3/31/2013 and all times thereafter 2.50 3.50 to 1.00

Senior Secured Leverage Ratio. Permit On or after the date on which the Effectiveness Condition has been satisfied, theThe Senior Secured Leverage Ratio Ratio, determined for any period of four consecutive fiscal quarters ending on or about any date during any period set forth below to exceed below, shall be greater than the applicable ratio set forth below opposite such period: Period Maximum Senior Secured Leverage Ratio ------ ------------- September 30, 2001 - June 29, 2002 3.00 11/24/10 – 12/31/2011 4.25 to 1.00 June 30, 2002 3/31/2012 – 12/31/2012 3.75 to 1.00 3/31/2013 and all times thereafter 2.50 3.50 to 1.001.00 FIFTH AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT

Senior Secured Leverage Ratio. Permit the Senior Secured Leverage Ratio of the Company and its Subsidiaries for the period of four consecutive fiscal quarters of the Company ending during any period set forth below to exceed be more than the applicable ratio amount set forth below opposite such period: Senior Secured Period Maximum Leverage Ratio ------ ------------- September 30--------------- December 31, 2001 - June 29, 2002 3.00 2004 through 5.50 to 1.00 June 30, 2002 2007 September 30, 2007 and all times thereafter 2.50 each 5.00 to 1.00" fiscal quarter thereafter

Senior Secured Leverage Ratio. Permit At any time during the periods set forth below, permit the Senior Secured Leverage Ratio during any period set forth below to exceed be greater than the applicable corresponding ratio set forth below opposite such periodbelow: Period Maximum Total Leverage Ratio ------ ------------- -------------------- Amendment No. 1 Effective Date through December 30, 2004 2.00:1 December 31, 2004 through September 29, 2006 1.75:1 September 30, 2001 - 2006 through June 29, 2002 3.00 to 1.00 2007 1.50:1 June 30, 2002 and all times thereafter 2.50 to 1.002007 through September 29, 2007 1.25:1 September 30, 2007 through Final Maturity Date 1.00:1

Senior Secured Leverage Ratio. Permit At any time during the periods set forth below, permit the Senior Secured Leverage Ratio during any period set forth below to exceed be greater than the applicable corresponding ratio set forth below opposite such periodbelow: Period Maximum Total Leverage Ratio ------ ------------- Closing Date through December 30, 2004 2.00:1 December 31, 2004 through September 29, 2006 1.75:1 September 30, 2001 - 2006 through June 29, 2002 3.00 to 1.00 2007 1.50:1 June 30, 2002 and all times thereafter 2.50 to 1.002007 through September 29, 2007 1.25:1 September 30, 2007 through Final Maturity Date 1.00:1

Senior Secured Leverage Ratio. Permit The Borrower will not permit the Senior Secured Leverage Ratio during any period set forth below to exceed the applicable ratio set forth below opposite such periodfollowing respective ratios for the following respective periods: Period Maximum Ratio ------ ------------- From the Effective Date, to but excluding December 31, 2007 4.00 to 1 From December 31, 2007, to but excluding December 31, 2008 3.50 to 1 From December 31, 2008, to but excluding December 31, 2010 2.75 to 1 From December 31, 2010, to but excluding September 30, 2001 - June 29, 2002 3.00 2011 2.50 to 1.00 June 1 From September 30, 2002 2011, to but excluding March 31, 2012 2.25 to 1 From March 31, 2012, and at all times thereafter 2.50 2.00 to 1.001”

Senior Secured Leverage Ratio. Permit The Borrower will not permit the Senior Secured Leverage Ratio during any period set forth below to exceed the applicable ratio set forth below opposite such periodfollowing respective ratios for the following respective periods: Period Maximum Ratio ------ ------------- September 30From the Effective Date, 2001 - June 29to but excluding December 31, 2002 3.00 2007 4.00 to 1.00 June 301 From December 31, 2002 2007, to but excluding December 31, 2008 3.50 to 1 From December 31, 2008, to but excluding December 31, 2009 2.75 to 1 From December 31, 2009, to but excluding December 31, 2010 2.25 to 1 From December 31, 2010, and at all times thereafter 2.50 2.00 to 1.001

Senior Secured Leverage Ratio. Permit the Senior Secured Leverage Ratio at any time during any period set forth below to exceed be greater than the applicable ratio set forth below opposite such period: Period Maximum Senior Secured Leverage Ratio ------ ------------- April 1, 2007 to September 30, 2001 - June 29, 2002 3.00 2007 7.50 to 1.00 June October 1, 2007 to September 30, 2002 2008 6.25 to 1.00 October 1, 2008 to September 30, 2009 5.75 to 1.00 October 1, 2009 and all times thereafter 2.50 5.00 to 1.00

Senior Secured Leverage Ratio. Permit the Senior Secured Leverage Ratio of Millennium and its Subsidiaries on a consolidated basis at any time during any period set forth below to exceed be in excess of the applicable ratio set forth below opposite such period: Period Maximum Ratio ------ ------------- September 30July 1, 2001 - June 292003 through December 31, 2002 3.00 2004 1.25 to 1.00 June 30January 1, 2002 2005 and all times thereafter 2.50 1.00 to 1.00