Common use of Consolidated EBITDA Clause in Contracts

Consolidated EBITDA. Permit Consolidated EBITDA as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending December 31, 2008), to be less than the amount set forth below opposite such fiscal quarter: Fiscal Quarter Consolidated EBITDA December 31, 2008 $160,000,000 March 31, 2009 $135,000,000 June 30, 2009 $95,000,000 September 30, 2009 $80,000,000 December 31, 2009 $155,000,000 March 31, 2010 $175,000,000 ”

Consolidated EBITDA. Permit The Borrower shall not permit Consolidated EBITDA as at the last day of for any period of four consecutive fiscal quarters of quarter period ending during any period in the Borrower ending with any fiscal quarter table set forth below (commencing with the fiscal quarter ending December 31, 2008), to be less than the amount set forth below opposite such fiscal quarterperiod: Period Consolidated EBITDA Fiscal Quarter Consolidated EBITDA December 31, 2008 $160,000,000 March 31, 2009 $135,000,000 June 30, 2009 $95,000,000 September 30, 2009 $80,000,000 December 31, 2009 $155,000,000 Ending March 31, 2010 $175,000,000 ”28,000,000.00 Fiscal Quarter Ending June 30, 2010 $30,000,000.00 Fiscal Quarter Ending September 30, 2010 $32,200,000.00 Fiscal Quarter Ending December 31, 2010 $33,800,000.00

Consolidated EBITDA. Permit Consolidated EBITDA as at the last day of for any four fiscal quarter period ending during any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending December 31, 2008), to be less than the amount set forth below opposite such fiscal quarterperiod: Fiscal Quarter Consolidated EBITDA Period Amount ------ ------ From and including the Closing Date through and including June 30, 1998 $235,000,000 From and including September 30, 1998 through and including December 31, 2008 1998 $160,000,000 285,000,000 From and including March 31, 2009 $135,000,000 June 30, 2009 $95,000,000 September 30, 2009 $80,000,000 1999 through and including December 31, 2009 1999 $155,000,000 March 31, 2010 375,000,000 Thereafter $175,000,000 ”425,000,000

Consolidated EBITDA. Permit Consolidated EBITDA as at for each of the last day of any period of four consecutive fiscal quarters of quarter periods ending on the Borrower ending with any fiscal quarter dates set forth in the table below (commencing with the fiscal quarter ending December 31, 2008), to be less than the amount set forth below opposite specified for such four consecutive fiscal quarterquarter period: Four Consecutive Fiscal Quarter Period Ending Consolidated EBITDA December 31, 2008 $160,000,000 March 31, 2009 $135,000,000 179,000,000 June 30, 2009 $95,000,000 140,000,000 September 30, 2009 $80,000,000 161,000,000 December 31, 2009 $155,000,000 March 31, 2010 $175,000,000 ”167,000,000

Consolidated EBITDA. Permit Consolidated EBITDA as at of the last day end of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending December 31, 2008), to be less than the amount set forth below opposite such fiscal quarterperiod: Minimum Four Fiscal Quarter Quarters Ending Consolidated EBITDA -------------------------------------------------------------- ------------------------------------- December 31, 2008 $160,000,000 2005, March 31, 2009 2006 $135,000,000 25,000,000 and June 30, 2009 $95,000,000 2006 September 30, 2009 2006 $80,000,000 30,000,000 December 31, 2009 2006 $155,000,000 35,000,000 March 31, 2010 2007 and each fiscal quarter thereafter $175,000,000 ”45,000,000

Consolidated EBITDA. Permit Consolidated ------------------- EBITDA as at of the last day of any period of four consecutive fiscal quarters of the Borrower ending with during any fiscal quarter period set forth below (commencing with the fiscal quarter ending December 31, 2008), to be less than the amount set forth below opposite such fiscal quarterperiod: Fiscal Quarter Consolidated EBITDA Date Amount ---- ------ Second Restatement Date - $400,000,000 December 30, 2001 December 31, 2008 2001 - $160,000,000 March 31, 2009 $135,000,000 275,000,000 June 30, 2009 2003 July 1, 2003 - $95,000,000 September 30, 2009 $80,000,000 300,000,000 December 31, 2009 2004 January 1, 2005 and thereafter $155,000,000 March 31, 2010 $175,000,000 ”350,000,000"; and

Consolidated EBITDA. Permit Consolidated EBITDA as at the last day of any period of four consecutive fiscal quarters of the Borrower Holdings ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending December 31, 2008), to be less than the amount set forth below opposite such fiscal quarter: Fiscal Quarter Ending Consolidated EBITDA --------------------- ------------------- March 31, 2001 $110,000,000 June 30, 2001 $105,000,000 September 30, 2001 $110,000,000 December 31, 2008 2001 $160,000,000 120,000,000 March 31, 2009 2002 $135,000,000 June 30, 2009 $95,000,000 September 30, 2009 $80,000,000 December 31, 2009 $155,000,000 March 31, 2010 $175,000,000 ”130,000,000"

Consolidated EBITDA. Permit Consolidated EBITDA as at the last day of for any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending December 31, 2008), to be less than the amount set forth below opposite such fiscal quarter: Fiscal Quarter Consolidated EBITDA Amount -------------- ----------- December 31, 2008 2003 to June 30, 2004 $160,000,000 50,000,000 September 30, 2004 $52,000,000 December 31, 2004 $54,000,000 March 31, 2009 2005 $135,000,000 56,000,000 June 30, 2009 2005 $95,000,000 57,000,000 September 30, 2009 2005 $80,000,000 58,000,000 December 31, 2009 2005 and each quarter thereafter $155,000,000 March 31, 2010 $175,000,000 ”60,000,000

Consolidated EBITDA. Permit Consolidated EBITDA as at the last day of any period of four consecutive fiscal quarters of the Borrower ending with Company and its Subsidiaries for any fiscal quarter period set forth below (commencing with the fiscal quarter ending December 31, 2008), to be less than the amount set forth below opposite such fiscal quarterperiod: Fiscal Quarter Period End Consolidated EBITDA 4 consecutive fiscal quarters ending September 30, 2015 $14,500,000 4 consecutive fiscal quarters ending December 31, 2008 2015 $160,000,000 15,000,000 4 consecutive fiscal quarters ending March 31, 2009 2016 $135,000,000 17,000,000 4 consecutive fiscal quarters ending June 30, 2009 2016 $95,000,000 17,500,000 Each period of 4 consecutive fiscal quarters ending each September 30, 2009 $80,000,000 December 31, 2009 March 31 and June 30 thereafter $155,000,000 March 31, 2010 $175,000,000 ”25,607,000

Consolidated EBITDA. Permit Consolidated EBITDA as at the last day of for any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending December 31, 2008), to be less than the correlative amount set forth below opposite such indicated; provided that Consolidated EBITDA for the fiscal quarterquarters ending on or before December 24, 2000 shall be measured on an Annualized basis: MINIMUM CONSOLIDATED PERIOD ENDING EBITDA ----------------------------------------------------------------------------------------------- Fiscal Quarter Consolidated EBITDA Ending June 25, 2000 $75,000,000 Two Fiscal Quarters Ending September 24, 2000 $75,000,000 Three Fiscal Quarters Ending on or about December 3124, 2008 2000 $160,000,000 March 3175,000,000 Each Four Fiscal Quarter Period Ending after December 24, 2009 2000 $135,000,000 June 30, 2009 $95,000,000 September 30, 2009 $80,000,000 December 31, 2009 $155,000,000 March 31, 2010 $175,000,000 ”75,000,000"

Consolidated EBITDA. Permit The Company and its consolidated Subsidiaries shall have Consolidated EBITDA of not less than the following amounts measured as at of the last day of any period of four consecutive fiscal quarters of the Borrower ending with any each fiscal quarter set forth below (commencing with for the fiscal quarter following respective periods: Period Consolidated EBITDA ------ ------------------- October 1, 2000 through December 31, 2000 $ 90,000,000 October 1, 2000 through March 31, 2001 $170,000,000 October 1, 2000 through June 30, 2001 $270,000,000 October 1, 2000 through September 30, 2001 $385,000,000 Fiscal Year ending December 31, 2008), to be less than the amount set forth below opposite such 2001 $400,000,000 Trailing four fiscal quarter: Fiscal Quarter Consolidated EBITDA December 31, 2008 $160,000,000 quarters ending on March 31, 2009 2002 $135,000,000 June 30, 2009 $95,000,000 September 30, 2009 $80,000,000 December 31, 2009 $155,000,000 March 31, 2010 $175,000,000 ”410,000,000 and on the last day of each fiscal quarter thereafter

Consolidated EBITDA. Permit Consolidated EBITDA as at the last day of any for each period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending December 31, 2008), to be less than the amount set forth below opposite such fiscal quarterperiod: Period Ending Consolidated EBITDA Must Exceed ---------------------------- -------------------------------- Fiscal Quarter Consolidated EBITDA December 31ended January 2, 2008 2000 $160,000,000 March 312,000,000 Fiscal Quarter ending April 2, 2009 2000 $135,000,000 June 308,550,000 Two Fiscal Quarters ending July 2, 2009 2000 $95,000,000 September 30, 2009 $80,000,000 December 31, 2009 $155,000,000 March 31, 2010 $175,000,000 ”20,450,000

Consolidated EBITDA. Permit Consolidated Minimum consolidated EBITDA during the following periods, as measured on a cumulative basis at the last day end of any period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending December 31, 2008), to be less than the amount set forth below opposite such each fiscal quarter: Fiscal Quarter Minimum Consolidated EBITDA -------------- --------------------------- September 30, 1997 -$1,500,000 December 31, 2008 $160,000,000 1997 -$2,250,000 March 31, 2009 $135,000,000 1998 -$1,350,000 June 30, 2009 1998 $95,000,000 1,000,000 September 30, 2009 1998 $80,000,000 December 31, 2009 $155,000,000 March 31, 2010 $175,000,000 ”3,800,000

Consolidated EBITDA. Permit Consolidated EBITDA as at the last day of any for each period of four consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending December 31, 2008), to be less than the amount set forth below opposite such fiscal quarterperiod: Consolidated EBITDA Period Ending Must Exceed ------------------------------------- ---------------------------------- Fiscal Quarter Consolidated EBITDA ended January 2, 2000 $2,000,000 One Fiscal Quarter ending April 2, 2000 $8,550,000 Two Fiscal Quarters ending July 2, 2000 $20,450,000 Three Fiscal Quarters ending October 1, 2000 $33,750,000 Four Quarter Period ending December 31, 2008 2000 $160,000,000 March 3145,000,000 Each Four Quarter Period ending April 1, 2009 $135,000,000 June 2001 through December 30, 2009 2001 $95,000,000 September 30, 2009 50,000,000 Each Four Quarter Period ending thereafter $80,000,000 December 31, 2009 $155,000,000 March 31, 2010 $175,000,000 ”52,000,000 6B. Capital Expenditures.