Common use of TTM EBITDA Clause in Contracts

TTM EBITDA. Permit TTM EBITDA of the Borrower and its Subsidiaries for the period ended as of the last day of each fiscal quarter set forth below to be less than the applicable amount set forth opposite such date: Xxxxxx Xxxxxxx Xxx TTM EBITDA April 30, 2007 $21,000,000 July 31, 2007 $21,000,000 October 31, 2007 $21,000,000 January 31, 2008 $22,000,000 April 30, 2008 $22,000,000 July 31, 2008 $22,000,000 October 31, 2008 $22,000,000 January 31, 2009 $23,000,000 April 30, 2009 $23,000,000 July 31, 2009 $23,000,000 October 31, 2009 $23,000,000 January 31, 2010 $24,000,000 April 30, 2010 $24,000,000 July 31, 2010 $24,000,000 October 31, 2010 $24,000,000 January 31, 2011 $25,000,000 April 30, 2011 $25,000,000 July 31, 2011 $25,000,000 October 31, 2011 $25,000,000 January 31, 2012 $25,000,000

TTM EBITDA. Permit (i) During the period from the Effective Date to but not including the Term Loan B Funding Date, permit TTM EBITDA of the Borrower and its Subsidiaries for the period ended as of the last day of each fiscal quarter set forth below to be less than the applicable amount set forth opposite such date: Xxxxxx Xxxxxxx Xxx Fiscal Quarter End TTM EBITDA April June 30, 2007 $21,000,000 July $ 31,000,000 September 30, 2007 $ 34,000,000 December 31, 2007 $21,000,000 October 31, 2007 $21,000,000 January $ 34,000,000 March 31, 2008 $22,000,000 April $ 34,000,000 June 30, 2008 $22,000,000 July $ 34,000,000 September 30, 2008 $ 34,000,000 December 31, 2008 $22,000,000 October 31, 2008 $22,000,000 January $ 34,000,000 March 31, 2009 $23,000,000 April $ 34,000,000 June 30, 2009 $23,000,000 July $ 34,000,000 September 30, 2009 $ 34,000,000 December 31, 2009 $23,000,000 October 31, 2009 $23,000,000 January $ 34,000,000 March 31, 2010 $24,000,000 April $ 34,000,000 June 30, 2010 $24,000,000 July $ 34,000,000 September 30, 2010 $ 34,000,000 December 31, 2010 $24,000,000 October 31, 2010 $24,000,000 January $ 34,000,000 March 31, 2011 $25,000,000 April $ 34,000,000 June 30, 2011 $25,000,000 July $ 34,000,000 September 30, 2011 $ 34,000,000 December 31, 2011 $25,000,000 October 31, 2011 $25,000,000 January $ 34,000,000 March 31, 2012 $25,000,000$ 34,000,000 June 30, 2012 $ 34,000,000 September 30, 2012 $ 34,000,000 December 31, 2012 $ 34,000,000 March 31, 2013 $ 34,000,000 June 30, 2013 $ 34,000,000

TTM EBITDA. Permit TTM EBITDA of the Borrower and its Subsidiaries for the period ended as of the last day of each fiscal quarter set forth below to be less than the applicable amount set forth opposite such date: Xxxxxx Xxxxxxx Xxx Fiscal Quarter End TTM EBITDA April 30, 2007 $$ 21,000,000 July 31, 2007 $$ 21,000,000 October 31, 2007 $$ 21,000,000 January 31, 2008 $22,000,000 $ 20,000,000 April 30, 2008 $22,000,000 $ 19,000,000 July 31, 2008 $22,000,000 $ 19,000,000 October 31, 2008 $22,000,000 $ 21,000,000 January 31, 2009 $$ 23,000,000 April 30, 2009 $$ 23,000,000 July 31, 2009 $$ 23,000,000 October 31, 2009 $$ 23,000,000 January 31, 2010 $$ 24,000,000 April 30, 2010 $$ 24,000,000 July 31, 2010 $$ 24,000,000 October 31, 2010 $$ 24,000,000 January 31, 2011 $$ 25,000,000 April 30, 2011 $$ 25,000,000 July 31, 2011 $$ 25,000,000 October 31, 2011 $$ 25,000,000 January 31, 2012 $25,000,000$ 25,000,000 SECTION 7.03(D) of the Financing Agreement is hereby amended and restated in its entirety as follows:

TTM EBITDA. Permit TTM EBITDA of the Borrower and its Subsidiaries for the period ended as of the last day of each fiscal quarter set forth below to be less than the applicable amount set forth opposite such date: Xxxxxx Xxxxxxx Xxx Fiscal Quarter End TTM EBITDA April 30, 2007 $$ 21,000,000 July 31, 2007 $$ 21,000,000 October 31, 2007 $$ 21,000,000 January 31, 2008 $22,000,000 $ 20,000,000 April 30, 2008 $22,000,000 $ 20,000,000 July 31, 2008 $22,000,000 $ 21,000,000 October 31, 2008 $$ 22,000,000 January 31, 2009 $$ 23,000,000 April 30, 2009 $$ 23,000,000 July 31, 2009 $$ 23,000,000 October 31, 2009 $$ 23,000,000 January 31, 2010 $$ 24,000,000 April 30, 2010 $$ 24,000,000 July 31, 2010 $$ 24,000,000 October 31, 2010 $$ 24,000,000 January 31, 2011 $$ 25,000,000 April 30, 2011 $$ 25,000,000 July 31, 2011 $$ 25,000,000 October 31, 2011 $$ 25,000,000 January 31, 2012 $$ 25,000,000”

TTM EBITDA. Permit TTM EBITDA of the Borrower and its Subsidiaries for the period ended as of the last day of each fiscal quarter set forth below to be less than the applicable amount set forth opposite such date: Xxxxxx Xxxxxxx Xxx Fiscal Quarter End TTM EBITDA April June 30, 2007 $21,000,000 July $ 33,000,000 September 30, 2007 $ 36,000,000 December 31, 2007 $21,000,000 October 31, 2007 $21,000,000 January $ 36,000,000 March 31, 2008 $22,000,000 April $ 42,000,000 June 30, 2008 $22,000,000 July $ 42,000,000 September 30, 2008 $ 42,000,000 December 31, 2008 $22,000,000 October 31, 2008 $22,000,000 January $ 42,000,000 March 31, 2009 $23,000,000 April $ 43,000,000 June 30, 2009 $23,000,000 July $ 43,000,000 September 30, 2009 $ 43,000,000 December 31, 2009 $23,000,000 October 31, 2009 $23,000,000 January $ 43,000,000 March 31, 2010 $24,000,000 April $ 44,000,000 June 30, 2010 $24,000,000 July $ 44,000,000 September 30, 2010 $ 44,000,000 December 31, 2010 $24,000,000 October 31, 2010 $24,000,000 January $ 44,000,000 March 31, 2011 $25,000,000 April $ 45,000,000 June 30, 2011 $25,000,000 July $ 45,000,000 September 30, 2011 $ 45,000,000 December 31, 2011 $25,000,000 October 31, 2011 $25,000,000 January $ 45,000,000 March 31, 2012 $25,000,000$ 46,000,000 June 30, 2012 $ 46,000,000 September 30, 2012 $ 46,000,000 December 31, 2012 $ 46,000,000 March 31, 2013 $ 47,000,000 June 30, 2013 $ 47,000,000