Common use of Fixed Charge Coverage Ratio Clause in Contracts

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit the Fixed Charge Coverage Ratio for the period of four (4) consecutive fiscal quarters ending on such date, to be less than or equal to 2.50 to 1.0.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit Permit the Fixed Charge Coverage Ratio for the period of four (4) consecutive fiscal quarters ending on such date, preceding any date of determination to be less than or equal 1.25 to 2.50 to 1.01.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit the The Fixed Charge Coverage Ratio of Borrower and the Included Subsidiaries on a consolidated basis for the twelve Fiscal Month period ending at the end of four (4) consecutive fiscal quarters each Fiscal Quarter commencing with the Fiscal Quarter ending on such dateDecember 31, to 2021 shall not be less than or equal 1.25 to 2.50 to 1.01.00.

Fixed Charge Coverage Ratio. As Permit, for the four consecutive fiscal quarters ending June 30, 1997 and for each period of four consecutive fiscal quarters ending thereafter, the end of any fiscal quarter, permit the Consolidated Fixed Charge Coverage Ratio for of the period Borrower and its Subsidiaries, calculated at the end of four (4) consecutive each fiscal quarters ending on such datequarter of the Borrower, to be less than or equal 1.25 to 2.50 to 1.01.00.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit Permit the Fixed Charge Coverage Ratio for of the period of four (4) consecutive fiscal quarters ending Borrower and its Subsidiaries on such date, a consolidated basis to be less than or equal 1.70 to 2.50 to 1.01.0 as of the last of any fiscal quarter of the Borrower (commencing with the fiscal quarter ending after the Closing Date).

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit Permit the Fixed Charge Coverage Ratio for the any period of four (4) consecutive fiscal quarters ending on such dateof the Borrower (or, if less, the number of full fiscal quarters subsequent to the Closing Date) to be less than or equal to 2.50 to 1.0.

Fixed Charge Coverage Ratio. As of the end of For any fiscal quarter, permit the Fixed Charge Coverage Ratio for the period of four (4) two consecutive fiscal quarters ending on such datethe dates or during any period set forth below (as applicable), permit the Consolidated Fixed Charge Coverage Ratio to be less than or equal to 2.50 to 1.01.00.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit the The Borrower will maintain a Fixed Charge Coverage Ratio for the each period of four (4) consecutive fiscal quarters beginning with the four consecutive fiscal quarters ending on such dateas of December 31, to be 2000, and continuing as of the end of each fiscal quarter thereafter during the term of this Agreement, of not less than or equal 1.00 to 2.50 to 1.01.00.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit the The Fixed Charge Coverage Ratio for the Dealer and its subsidiaries on a consolidated basis shall be not less than 1.0:1 for each period of four (4) consecutive fiscal quarters ending on such datethe last day of each fiscal quarter ending on and after September 30, to be less than or equal to 2.50 to 1.02000.

Fixed Charge Coverage Ratio. As Borrower's Fixed Charge Coverage Ratio, measured on a rolling four (4) Fiscal Quarters' basis, as of the end of any fiscal quartereach Fiscal Quarter, permit commencing with the Fixed Charge Coverage Ratio for the period of four (4) consecutive fiscal quarters Fiscal Quarter ending on such dateclosest to December 31, to 2000, shall be not less than or equal to 2.50 to 1.0.the ratio prescribed below for each Fiscal Quarter prescribed below corresponding thereto:

Fixed Charge Coverage Ratio. As Permit the Fixed Charge Coverage Ratio of the U.S. Borrower and its Consolidated Subsidiaries as of the end of any fiscal quarterquarter of the U.S. Borrower (beginning with the fiscal quarter ending June 30, permit the Fixed Charge Coverage Ratio for the period of four (42010) consecutive fiscal quarters ending on such date, to be less than or equal to 2.50 1.75 to 1.0.

Fixed Charge Coverage Ratio. As of Permit the end of any fiscal quarter, permit the Consolidated Fixed Charge Coverage Ratio for the any period of four (4) consecutive fiscal quarters ending on such date, to be less than (a) 1.20 to 1.00 for the four fiscal quarters ended on June 30, 1999 and (b) 1.50 to 1.00 for the four fiscal quarters ended on the last day of any fiscal quarter occurring from and after June 30, 1999. With respect to months that end on or equal to 2.50 to 1.0before January 31, 1999, the relevant components of the forgoing ratio shall be calculated on a pro forma basis.

Fixed Charge Coverage Ratio. As Commencing in respect of the fiscal quarter ending May 31, 2017, cause to be maintained as of the end of any each fiscal quarter, permit the a Fixed Charge Coverage Ratio for the period of not less than 1.00 to 1.00, measured on a rolling four (4) consecutive fiscal quarters ending on such date, to be less than or equal to 2.50 to 1.0quarter basis.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit Permit the Fixed Charge Coverage Ratio for the any period of four (4) consecutive fiscal quarters of the Borrower ending on such date, the last day of any fiscal quarter to be less than or equal 2.00 to 2.50 to 1.01.00.

Fixed Charge Coverage Ratio. As REQUIRED: Measured as of the end of any fiscal quarterthe Fiscal Quarter most recently completed, permit commencing with the Fiscal Quarter ending September 30, 2014, the Fixed Charge Coverage Ratio for the Borrower and its Subsidiaries on a consolidated basis for the twelve (12) month period of four (4) consecutive fiscal quarters ending on the last day of such date, Fiscal Quarter shall be at least 1.00 to be less than or equal to 2.50 to 1.01.00.

Fixed Charge Coverage Ratio. As Permit the Fixed Charge Coverage Ratio as of the end of any fiscal quarterquarter of the Borrower, permit the Fixed Charge Coverage Ratio calculated for the period of four (4) consecutive fiscal quarters ending on such datethen ended, to be less than or equal the ratio set forth below opposite such fiscal quarter: Closing through December 31, 2003 3.25 to 2.50 1.0 March 31, 2004 through December 31, 2004 3.75 to 1.0 March 31, 2005 and each fiscal quarter thereafter 4.25 to 1.0.

Fixed Charge Coverage Ratio. As The Fixed Charge Ratio of Initial Borrower and the Included Subsidiaries on a consolidated basis at the end of any each Fiscal Quarter ending on December 31 and June 30 of each fiscal quarter, permit the Fixed Charge Coverage Ratio year for the twelve Fiscal Month period of four (4) consecutive fiscal quarters ending on such date, to Fiscal Quarter shall not be less than or equal 1.20 to 2.50 to 1.01.00.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, The Borrowers shall not permit the Fixed Charge Coverage Ratio to be less than 1.30 to 1.0, calculated as of July 1, 2014 for the period of equal to the four (4) consecutive fiscal quarters ending on such dateFiscal Quarters then ended, to be less than or and as of the end of each Fiscal Quarter thereafter for the period equal to 2.50 to 1.0the four (4) consecutive Fiscal Quarters then ending.

Fixed Charge Coverage Ratio. As Permit or suffer the Fixed Charge Coverage Ratio, determined for the Borrower and its Subsidiaries on a Consolidated basis as of the end of any each fiscal quarterquarter of the Borrower commencing with the fiscal quarter ending September 30, permit the Fixed Charge Coverage Ratio for the period of four (4) consecutive fiscal quarters ending on such date2014, to be less than or equal 1.30 to 2.50 to 1.01.00.

Fixed Charge Coverage Ratio. As The Borrower and it Subsidiaries will have, as of the end of any each fiscal quarterquarter of the Borrower, permit commencing with the fiscal quarter ending June 30, 2001, a Fixed Charge Coverage Ratio for the period of four (4) consecutive fiscal quarters ending on such date, to be not less than or equal to 2.50 to 1.02.0:1.0, calculated on a rolling four-quarter basis.

Fixed Charge Coverage Ratio. As Permit the Fixed Charge Coverage Ratio, as of the end of any fiscal quarter, permit the Fixed Charge Coverage Ratio quarter determined for the period of four (4) consecutive fiscal quarters ending on such datethen ended, to be less than or equal 1.25 to 2.50 to 1.01.00.

Fixed Charge Coverage Ratio. As Permit, as of the end of any each fiscal quarterquarter commencing June 30, permit 1997, the Fixed Charge Coverage Ratio for the period of four (4) consecutive fiscal quarters ending on such date, to be less than or equal 2.25 to 2.50 to 1.01.0 as of the end of each fiscal quarter.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, The Borrowers and their Subsidiaries will not permit the Fixed Charge Coverage Ratio Ratio, as of the last day of any fiscal quarter for the period of four (4) consecutive fiscal quarters ending on such datethe dates indicated, to be less than or equal (a) 1.20 to 2.50 1.00 for the fiscal quarter ending September 30, 2012 through the fiscal quarter ending September 30, 2013, (b) 1.25 to 1.01.00 for the fiscal quarter ending December 31, 2013 through the fiscal quarter ending September 30, 2014 and (c) 1.30 to 1.00 for each fiscal quarter thereafter.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit Permit the Fixed Charge Coverage Ratio Ratio, in each case for the period of four (4) consecutive fiscal quarters ending on such date, the last day of each fiscal quarter to be less than or equal to 2.50 1.30 to 1.0.

Fixed Charge Coverage Ratio. As Borrower's Fixed Charge Coverage Ratio, measured on a rolling four (4) Fiscal Quar ters' basis as of the end of any fiscal quartereach Fiscal Quarter, permit commencing with the Fixed Charge Coverage Ratio for the period of four (4) consecutive fiscal quarters ending on such dateFiscal Quarter ended closest to December 31, to 1996, shall be not less than or equal to 2.50 to 1.02:1.

Fixed Charge Coverage Ratio. As Commencing with the first fiscal quarter of 2016, Borrowers will have a Fixed Charge Coverage Ratio, measured at the end of any each fiscal quarter, permit the Fixed Charge Coverage Ratio quarter for the period of four (4) consecutive fiscal quarters ending on such datethen ended, to be less than or equal to 2.50 to 1.0of at least 1.1:1.0.

Fixed Charge Coverage Ratio. As Maintain as of the end of any each of Borrower's fiscal quarterquarters, permit the a Fixed Charge Coverage Ratio equal to or greater than 1.75 to 1 for the period each of four (4) consecutive Borrower's fiscal quarters ending on such dateMarch 31, 2001 through December 31, 2001 and 1.5 to be less than or equal to 2.50 to 1.01 for each of Borrower's fiscal quarters ending March 31, 2002 and thereafter.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit the The Loan Parties shall achieve a Fixed Charge Coverage Ratio Ratio, for the period of four (4) consecutive fiscal quarters ending on such datesuccessive Fiscal Quarters of the Borrower which closes after the Effective Date, to be of not less than or equal 1.25 to 2.50 to 1.01.00.

Fixed Charge Coverage Ratio. As Permit, for the four consecutive fiscal quarters ending September 30, 1996 and for each period of four consecutive fiscal quarters ending thereafter, the end of any fiscal quarter, permit the Consolidated Fixed Charge Coverage Ratio for of the period Borrower and its Subsidiaries, calculated at the end of four (4) consecutive each fiscal quarters ending on such datequarter of the Borrower, to be less than or equal 1.25 to 2.50 to 1.01.00.

Fixed Charge Coverage Ratio. As Maintain as of the end of any each fiscal quarterquarter (commencing with the fiscal quarter ending March 31September 30 , permit the 2025), a Fixed Charge Coverage Ratio for Quantum and its Subsidiaries, on a consolidated basis, of not less than 1.00: 1.00 for the period of four (4) consecutive fiscal quarters ending on such date, to be less than or equal to 2.50 to 1.0quarter period then ended.

Fixed Charge Coverage Ratio. As The Fixed Charge Coverage Ratio for Borrower and its Subsidiaries, on a consolidated basis, shall not be less than 1.20 to 1.0 as of the end last day of any fiscal quarter, permit the Fixed Charge Coverage Ratio for the period of four (4) consecutive fiscal quarters ending on such date, to be less than or equal to 2.50 to 1.0.. As used herein,

Fixed Charge Coverage Ratio. As Borrower shall maintain as of the end of any each fiscal quarter, permit the quarter in each Fiscal Year a Fixed Charge Coverage Ratio for the period of at least 1.2:1, as determined under GAAP on a rolling four (4) consecutive fiscal quarters ending on such date, to be less than or equal to 2.50 to 1.0quarters' basis.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit the The Fixed Charge Coverage Ratio for the Subsidiary Borrower and the Restricted Subsidiaries on a consolidated basis for the period of four (4) consecutive fiscal quarters ending on such date, the last day of a fiscal quarter to be less than or equal the ratio indicated below with respect to 2.50 to 1.0.the fiscal quarter indicated:

Fixed Charge Coverage Ratio. As The Borrower and its --------------------------- Subsidiaries shall maintain, as of last day of each fiscal quarter of the end of any Borrower, commencing with the fiscal quarterquarter ending June 30, permit the 2001, a Fixed Charge Coverage Ratio for the period of four (4) consecutive fiscal quarters ending on such date, to be not less than or equal to 2.50 to 1.02.0:1.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarterCommencing on June 30, permit the 2017, cause to be maintained, a Fixed Charge Coverage Ratio of not less than 1.10 to 1.00 as of the last day of each fiscal quarter for the period of four (4) consecutive fiscal quarters ending on such date, to be less than or equal to 2.50 to 1.0quarter period then ending.

Fixed Charge Coverage Ratio. As Maintain as of the end of any each fiscal quarterquarter (commencing with the fiscal quarter ending March 31, permit the 2025), a Fixed Charge Coverage Ratio for Quantum and its Subsidiaries, on a consolidated basis, of not less than 1.00: 1.00 for the period of four (4) consecutive fiscal quarters ending on such date, to be less than or equal to 2.50 to 1.0quarter period then ended.

Fixed Charge Coverage Ratio. As Commencing with the consecutive four fiscal quarter period of Borrowers ending October 31, 2018, cause to be maintained a Fixed Charge Coverage Ratio of not less than 1.10 to 1.00 measured as of the end of any each fiscal quarter, permit the Fixed Charge Coverage Ratio for the period quarter of four (4) consecutive fiscal quarters ending on such date, to be less than or equal to 2.50 to 1.0Borrowers.”

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit the The Borrowers shall maintain a Fixed Charge Coverage Ratio of not less than 1:20:1.00 as at the close of each fiscal quarter (for the period of rolling four (4) consecutive fiscal quarters quarter period ending on as at the close of such datefiscal quarter) commencing with the fiscal quarter ending April 30, to be less than or equal to 2.50 to 1.01998."

Fixed Charge Coverage Ratio. As Permit or suffer the Consolidated Fixed Charge Coverage Ratio of the Company and its Subsidiaries to be less than at 3.0 to 1.0; calculated as of the end of any each fiscal quarter, permit the Fixed Charge Coverage Ratio quarter for the period of four (4) consecutive immediately preceding fiscal quarters ending on such date, to be less than or equal to 2.50 to 1.0quarters.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit the Permit Borrower's Fixed Charge Coverage Ratio to be less than 1.5 to 1.0 as of the last day of each Fiscal Quarter hereafter, in each case for the period of four (4) consecutive fiscal quarters ending on such date, to be less than or equal to 2.50 to 1.04 Fiscal Quarters then ending.

Fixed Charge Coverage Ratio. As of Permit, for the end of any four consecutive fiscal quarterquarters ending March 31, permit 1998 and for each four consecutive fiscal quarters ending thereafter, the Consolidated Fixed Charge Coverage Ratio for of the period Borrower and its Subsidiaries, calculated at the end of four (4) consecutive each fiscal quarters ending on such datequarter of the Borrower, to be less than or equal for each such period, 4.75 to 2.50 to 1.01.00.

Fixed Charge Coverage Ratio. As The Borrower will have on a consolidated basis, as of the end of any each fiscal quarterquarter of the Borrower (measured for such fiscal quarter and the three immediately preceding fiscal quarters), permit commencing with the fiscal quarter ending March 31, 2006, a Fixed Charge Coverage Ratio for the period of four (4) consecutive fiscal quarters ending on such date, to be not less than or equal to 2.50 1.5 to 1.0.

Fixed Charge Coverage Ratio. As Permit the Fixed Charge Coverage Ratio, as determined as of December 28, 1996 and as of the end of any each fiscal quarterquarter thereafter of the Borrower's fiscal year, permit the Fixed Charge Coverage Ratio in all instances for the period of the four (4) consecutive fiscal quarters ending on such datethen ending, to be less than or equal to 2.50 to 1.0.1.0:1.0; (b)

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit Permit the Fixed Charge Coverage Ratio for of the period Borrower and its Subsidiaries as of four (4) consecutive the end of each fiscal quarters quarter of the Borrower, commencing with the fiscal quarter of the Borrower ending on such dateDecember 31, 2005, to be less than or equal 1.25 to 2.50 to 1.01.00, as determined on a Rolling Four Quarter Basis.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit the Permit Borrower's Fixed Charge Coverage Ratio for the period of four (4) consecutive fiscal quarters quarter ending on such dateJune 30, 2003 and each fiscal quarter thereafter to be less than or equal 1.00 to 2.50 to 1.01.00.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit Permit the Fixed Charge Coverage Ratio for the period of Borrowers and their Subsidiaries on a Consolidated basis for any four (4) consecutive fiscal quarters ending on such datequarter period, commencing June 30, 2005, to be less than or equal to 2.50 to 1.01.75:1.00."

Fixed Charge Coverage Ratio. As of the end of any fiscal quarterCommencing on June 30, permit the 2015, cause to be maintained, a Fixed Charge Coverage Ratio of not less than 1.10 to 1.00 as of the last day of each fiscal quarter for the period of four (4) consecutive fiscal quarters ending on such date, to be less than or equal to 2.50 to 1.0quarter period then ending.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit Permit the Fixed Charge Coverage Ratio for the any period of four (4) consecutive fiscal quarters ending on such date, of the Borrower to be less than or equal to 2.50 to 1.0.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit Permit the Fixed Charge Coverage Ratio for the any period of four (4) consecutive fiscal quarters ending on such dateof the Borrower (or, if less, the number of full fiscal quarters subsequent to the Closing Date) to be less than or equal to 2.50 2.502.0 to 1.0.

Fixed Charge Coverage Ratio. As The Borrower will have, as of the end of any each fiscal quarterquarter of the Borrower, permit commencing with the fiscal quarter ending September 30, 2004, a Fixed Charge Coverage Ratio for the period of four (4) consecutive fiscal quarters ending on such date, to be not less than or equal to 2.50 to 1.02.0:1.0, calculated based on a rolling four quarter basis.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit Permit the Fixed Charge Coverage Ratio as of the end of each Fiscal Quarter for the period of four (4) consecutive fiscal quarters Fiscal Quarters then ended, commencing with the first Fiscal Quarter ending on such dateDecember 31, 2018 and for each Fiscal Quarter thereafter, to be less than or equal to 2.50 to 1.01.20:1.00.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, The Borrowers shall not permit the Fixed Charge Coverage Ratio to be less than 1.30 to 1.0, calculated as of September 30, 2011 for the period of equal to the four (4) consecutive fiscal quarters ending on such dateFiscal Quarters then ended, to be less than or and as of the end of each Fiscal Quarter thereafter for the period equal to 2.50 to 1.0the four (4) consecutive Fiscal Quarters then ending.

Fixed Charge Coverage Ratio. As The Borrowers will maintain, as of the end of any fiscal quartereach Fiscal Quarter (commencing with the Fiscal Quarter ending March 31, permit the 2017), a Fixed Charge Coverage Ratio of not less than the below ratios for the period of four corresponding Fiscal Quarters: Fiscal Quarter End Fixed Charge Coverage Ratio 12/31/16 and each Fiscal Quarter thereafter through and including the Fiscal Quarter ending 12/31/17 1.10 : 1.00 3/31/18 and each Fiscal Quarter thereafter 1.25 : 1.00 (4xii) consecutive fiscal quarters ending on such dateBy adding a new Section 6.3, to be less than or equal to 2.50 to 1.0.as follows:

Fixed Charge Coverage Ratio. As of Permit the end of any fiscal quarter, permit the Consolidated Fixed Charge Coverage Ratio for the any period of four (4) consecutive fiscal quarters ending on such date, of the Borrower to be less than or equal 1.50 to 2.50 to 1.01.00.

Fixed Charge Coverage Ratio. As The Borrowers will maintain, on a consolidated basis and tested as of the end last day of any each of the Borrowers' fiscal quarterquarters for the four (4) quarter period ending on that date, permit a Fixed Charge Coverage Ratio of not less than 1.25 to 1.00. Notwithstanding anything herein to the contrary, the required Fixed Charge Coverage Ratio for the period of four (4) consecutive Borrowers' fiscal quarters ending April 30, 2004, July 31, 2004 and October 31, 2004 shall be measured on such date, to a cumulative basis and shall be not less than or equal 1.00 to 2.50 to 1.01.00."

Fixed Charge Coverage Ratio. As of Commencing with the end of any fiscal quarter--------------------------- quarter ending June 30, permit the 2005, maintain a Fixed Charge Coverage Ratio for at the period end of each fiscal quarter, with respect to the four (4) consecutive fiscal quarters ending on such datethen ended, to be of not less than or equal 1.20 to 2.50 to 1.01.00.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit the The Borrower will at all times maintain a Fixed Charge Coverage Ratio of not less than (a) 1.2 for the period Fiscal Quarter ending December 31, 2001, (b) 1.3 for the Fiscal Quarter ending March 31, 2002, (c) 1.4 for the Fiscal Quarter ending June 30, 2002 and (d) 1.5 for each Fiscal Quarter thereafter. 2.26 Amendment to Section 10.6. Effective as of four (4) consecutive fiscal quarters ending on such datethe date hereof, Section 10.6 of the Agreement is amended and restated to be less than or equal to 2.50 to 1.0.read in its entirety as follows:

Fixed Charge Coverage Ratio. As The Borrower shall not permit --------------------------- the Fixed Charge Coverage Ratio to be less than (a) 1.25 to 1 at the end of the fiscal quarters ending March 31, 1998, June 30, 1998 and September 30, 1998, calculated in each case from January 1, 1998 to and including each such fiscal quarter and (b) 1.50 to 1 at the end of any fiscal quarterquarter thereafter, permit the Fixed Charge Coverage Ratio calculated for the period of four (4) consecutive fiscal quarters ending on such date, to be less than or equal to 2.50 to 1.0preceding the date of determination.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit Permit the Fixed Charge Coverage Ratio at the end of each fiscal quarter for the period of four (4) most recent consecutive fiscal quarters ending on such dateDecember 31, 2002 and each fiscal quarter thereafter to be less than or equal 1.10 to 2.50 1.00." 2.8 Section 10.14A (Total Liabilities to 1.0.Tangible Net Worth Ratio) of the Credit Agreement is hereby amended by deleting such section in its entirety and replacing it with the following:

Fixed Charge Coverage Ratio. As Permit the Fixed Charge Coverage Ratio, determined as of the end of any fiscal quartereach fiscal-quarter of Borrower (commencing June 30, permit the Fixed Charge Coverage Ratio 2012) for the period of four (4) consecutive fiscal quarters ending on such datequarter period then ended, to be less than or equal to 2.50 1.25 to 1.0.

Fixed Charge Coverage Ratio. As The Borrower shall maintain, on a consolidated basis, (i) as of the end of any each of the fiscal quarterquarters ending September 30, permit the 1995 and December 31, 1995, a Fixed Charge Coverage Ratio for not less than 2.25 to 1.0, (ii) as of the period end of four (4) consecutive each of the fiscal quarters ending on such dateMarch 31, to be 1996, June 30, 1996 and September 30, 1996, a Fixed Charge Coverage Ratio not less than or equal 2.00 to 1.0 and (iii) as of the end of each fiscal quarter thereafter, a Fixed Charge Coverage Ratio not less than 2.50 to 1.0.

Fixed Charge Coverage Ratio. As Permit or suffer the Fixed Charge Coverage Ratio, determined for the Borrower and its Subsidiaries on a Consolidated basis as of the end of any each fiscal quarter, permit the Fixed Charge Coverage Ratio quarter (for the twelve (12) month period then ending) of four (4) consecutive fiscal quarters ending on such datethe Borrower, to be less than or equal 1.25 to 2.50 to 1.01.00 for the fiscal quarter ending September 30, 2011 and each fiscal quarter thereafter.

Fixed Charge Coverage Ratio. As The Fixed Charge Coverage Ratio for Borrower and its Subsidiaries, on a consolidated basis, shall not be less than 1.30 to 1.0 as of the end last day of any fiscal quarter, permit the Fixed Charge Coverage Ratio for the period of four (4) consecutive fiscal quarters ending on such date, to be less than or equal to 2.50 to 1.0.. As used herein,

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit Permit the Fixed Charge Coverage Ratio for the period of any consecutive four (4) consecutive fiscal quarters ending on such date, quarter period to be less than or equal 1.25 to 2.50 1.0 as of the last day of any fiscal quarter of the Borrower, provided that the Fixed Charge Coverage Ratio shall only be tested when the difference of Long-Term Indebtedness minus Subordinated Debt owing to 1.0.the Parent is greater than $10,000,000, calculated based upon the most recent financial statements of the Borrower required to be delivered under Section 7.1(a); and

Fixed Charge Coverage Ratio. As Commencing with the second fiscal quarter of 2017, Borrowers will have a Fixed Charge Coverage Ratio, measured at the end of any each fiscal quarter, permit the Fixed Charge Coverage Ratio quarter for the period of four (4) consecutive fiscal quarters ending on such datethen ended, to be less than or equal to 2.50 to 1.0of at least 1.1:1.0.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit the Cause to be maintained a Fixed Charge Coverage Ratio as follows: (i) for the consecutive four fiscal quarter period of Borrowers ending October 31, 2020, 1.00 to 1.00, and (ii) for each consecutive four (4) consecutive fiscal quarters quarter period of Borrowers ending on such datethereafter, 1.10 to be less than or equal to 2.50 to 1.01.00.”

Fixed Charge Coverage Ratio. As Permit, as of the end of any fiscal quarter, permit commencing with the fiscal quarter ending September 30, 2007, the Fixed Charge Coverage Ratio for the period of four (4) consecutive fiscal quarters ending on such date, to be less than or equal 1.20 to 2.50 to 1.01.00.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, The Borrower shall not permit the Fixed Charge Coverage Ratio for the period of four (4) consecutive fiscal quarters ending on such date, to be less than (i) 2.00 to 1.00: (A) for the two fiscal quarter period ending ▇▇▇▇▇ ▇▇, ▇▇▇▇, (▇) for the three fiscal quarter period ending June 30, 1999, and (C) for any four fiscal quarter period (on a rolling four quarter basis) ending on or equal after September 30, 1999, and on or before September 30, 2001, (ii) 1.50 to 2.50 to 1.0.1.00 for any four fiscal quarter period (on

Fixed Charge Coverage Ratio. As Permit or suffer the Fixed Charge Coverage Ratio, determined for the Borrower and its Subsidiaries on a Consolidated basis as of the end of any each fiscal quarterquarter of the Borrower commencing with the fiscal quarter ending September 30, permit the Fixed Charge Coverage Ratio for the period of four (4) consecutive fiscal quarters ending on such date2015, to be less than or equal 1.15 to 2.50 to 1.01.00. (m) The provision contained in Section 7.02(c) is deleted and the following provision is inserted in lieu thereof:

Fixed Charge Coverage Ratio. As Until the repayment in full of all outstanding Term Loans and all accrued interest thereon, the end of any fiscal quarter, permit the Parent and its consolidated Subsidiaries will maintain a Fixed Charge Coverage Ratio for the each period of four (4) consecutive fiscal quarters Fiscal Quarters ending on such datethe last day of each Fiscal Quarter set forth below (or, with respect to be the Fiscal Quarter ending on September 30, 2003, for the period commencing on January 1, 2003 and ending on September 30, 2003) of not less than or equal to 2.50 to 1.0the ratio set forth below opposite each such Fiscal Quarter:”.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit the The Borrower will maintain a Fixed Charge Coverage Ratio (to be tested quarterly, and except as set forth in (i) and (ii) below for the period four fiscal quarters then ended) of four not less than (4i) consecutive 1.15 to 1.00 for the fiscal quarter ending March 31, 1998 and the two fiscal quarters ending on such dateJune 30, 1998; (ii) 1.17 to be less than or equal 1.00 for the three fiscal quarters ending September 30, 1998; (iii) 1.20 to 2.50 1.00 for the four fiscal quarters ending December 31, 1998; and (iv) 1.25 to 1.01.00 thereafter.

Fixed Charge Coverage Ratio. As of At the end of any fiscal quartereach Fiscal Quarter, permit commencing with the Fiscal Quarter ending April 29, 2000, the ratio of Income Available for Fixed Charge Coverage Ratio Charges for the period of four (4) 4 consecutive fiscal quarters ending on such dateFiscal Quarters then ended to Consolidated Fixed Charges for the period of 4 consecutive Fiscal Quarters then ended, to shall be less greater than or equal to 2.50 3.0 to 1.0.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit Permit the Fixed Charge Coverage Ratio Ratio, calculated for the each period of four (4) consecutive fiscal quarters ending on such dateas provided in the definition thereof, to be less than or equal 1.25 to 2.50 to 1.01.00.

Fixed Charge Coverage Ratio. As of Commencing with the end of any fiscal quarterquarter ending June 30, permit the 1999 and at all times thereafter, maintain a Fixed Charge Coverage Ratio of not less than 1.20 to 1.00, tested as of the last day of each of the Borrower's fiscal quarters for the period of four (4) consecutive fiscal quarters quarter period ending on such that date, to be less than or equal to 2.50 to 1.0.

Fixed Charge Coverage Ratio. As Permit, for each period of four consecutive Fiscal Quarters of the end of any fiscal quarterBorrower, permit the Borrower's Consolidated Fixed Charge Coverage Ratio for the such four Fiscal Quarter period of four (4) consecutive fiscal quarters ending on such date, to be less than or equal to 2.50 1.5 to 1.0, such Consolidated Fixed Charge Coverage Ratio to be calculated as at the end of each Fiscal Quarter of the Borrower for the four Fiscal Quarter period ending on such day.

Fixed Charge Coverage Ratio. As of Borrower and its Subsidiaries on a consolidated basis shall have at the end of any fiscal quartereach Fiscal Quarter (commencing with the Fiscal Quarter ending March 31, permit the 2005), a Fixed Charge Coverage Ratio of not less than 1.50:1 for the period of four (4) consecutive fiscal quarters ending on such date, to be less than or equal to 2.50 to 1.0Fiscal Quarter then ended.

Fixed Charge Coverage Ratio. As of the end of any At each fiscal quarterquarter end, permit the Fixed Charge Coverage Ratio for Holdings and its Subsidiaries for the four quarter period consisting of four (4) consecutive fiscal such quarter and the immediately preceding three quarters ending on such date, to be less than or equal three (3) to 2.50 to 1.0one (1).

Fixed Charge Coverage Ratio. As Permit the Fixed Charge Coverage Ratio, as determined as of December 28, 1996 and as of the end of any each fiscal quarterquarter thereafter of the Borrower's fiscal year, permit the Fixed Charge Coverage Ratio in all instances for the period of the four (4) consecutive fiscal quarters ending on such datethen ending, to be less than or equal to 2.50 to 1.0.1.25:1.0; (b)

Fixed Charge Coverage Ratio. As of The Borrower and its Consolidated Subsidiaries shall maintain on a consolidated basis, (a) at all times (except as waived in writing by the end of any Lenders and the Agent) through and including the fiscal quarterquarter ending March 31, permit the 2000, a Fixed Charge Coverage Ratio of not less than 3.00:1.00, (b) for the period fiscal quarter ending June 30, 2000, a Fixed Charge Coverage Ratio of four (4) consecutive fiscal quarters ending on such date, to be not less than or equal to 2.50 to 1.0-5.00:1.00 and (c) at all times from and after July 1, 2000, a Fixed Charge Coverage Ratio of not less than 3.00:1.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, The Borrower will not permit the Fixed Charge Coverage Ratio for the period of four (4) consecutive fiscal quarters ending on such date, to be less than (a) 0.75:1.00 for the period consisting of the three consecutive fiscal quarters of the Borrower ending August 28, 2004 and (b) 1.00:1.00 for the period consisting of four consecutive fiscal quarters of the Borrower ending on or equal to 2.50 to 1.0after November 27, 2004.

Fixed Charge Coverage Ratio. As On the last day of the end of any each fiscal quarterquarter hereafter, permit commencing with August 30, 2011, the Fixed Charge Coverage Ratio Ratio, of the Borrower and Active Subsidiaries on a consolidated basis, for the period of four (4) consecutive fiscal quarters ending on each such datequarter, to be less than shall equal or equal to 2.50 to 1.0exceed 1.25:1.00.

Fixed Charge Coverage Ratio. As of Permit at the end of any fiscal quarter, permit quarter the ratio of Adjusted Operating Earnings to Fixed Charge Coverage Ratio Charges for the period consisting of the four (4) consecutive fiscal quarters ending on with such date, fiscal quarter to be less than or equal to 2.50 1.50 to 1.0.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit the Maintain at all times a Fixed Charge Coverage Ratio for the period Borrowers, as calculated at the end of each fiscal quarter for the four (4) consecutive fiscal quarters ending on such datethen ended, to be of not less than 1.05 to 1.00. Notwithstanding the preceding sentence, if the Fixed Charge Coverage Ratio is less than 1.05 to 1.00, the Borrowers will not be in default of this Fixed Charge Coverage Ratio covenant if the Borrowers meet the Minimum Availability Threshold and no other Default or equal to 2.50 to 1.0other Event of Default has occurred and is continuing.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit Permit the Fixed Charge Coverage Ratio for the period of any consecutive four (4) consecutive fiscal quarters ending on such date, quarter period to be less than or equal 1.25 to 2.50 to 1.0.1.0 as of the last day of any fiscal quarter of the Borrower; and

Fixed Charge Coverage Ratio. As Permit the Fixed Charge Coverage Ratio as of the end of any fiscal quarter, permit quarter of the Fixed Charge Coverage Ratio Borrower (calculated for the period of each four (4) consecutive fiscal quarters ending on such date, quarter period) to be less than or equal to 2.50 to 1.0.the ratio set forth below opposite the period in which such date occurs: Closing Date through December 30, 2006 2.0:1.0 December 31, 2006 and each fiscal quarter thereafter 3.0:1.0

Fixed Charge Coverage Ratio. As The Borrowers will maintain, as of the end of any fiscal quartereach Fiscal Quarter (commencing with the Fiscal Quarter ending March 31, permit the 2017), a Fixed Charge Coverage Ratio of not less than the below ratios for the period of four corresponding Fiscal Quarters: thereafter through and including the Fiscal Quarter ending 12/31/17 1.10 : 1.00 3/31/18 and each Fiscal Quarter thereafter 1.25 : 1.00 (4xii) consecutive fiscal quarters ending on such dateBy adding a new Section 6.3, to be less than or equal to 2.50 to 1.0.as follows:

Fixed Charge Coverage Ratio. As Commencing with the fiscal quarter ending June 30, 2023, and each fiscal quarter thereafter, the Borrower will maintain, on a consolidated basis, calculated as of the end last day of any each fiscal quarter, permit the a Fixed Charge Coverage Ratio for the period of four (4) consecutive fiscal quarters ending on such date, to be not less than or equal to 2.50 to 1.01.20 : 1.00, measured on a trailing twelve-month basis.

Fixed Charge Coverage Ratio. As Calculated as of the end of any each of Borrower’s fiscal quarterquarters, commencing with the fiscal quarter which ends June 30, 2012, Borrower will not permit the a Fixed Charge Coverage Ratio for the period of four twelve (412) consecutive fiscal quarters months ending on the last day of such datefiscal quarter, to be less than or equal 1.00 to 2.50 to 1.0.1.00. For purposes of this section, the following terms have the following meanings:

Fixed Charge Coverage Ratio. As of Leading Borrower and its Subsidiaries on a consolidated basis shall have at the end of any fiscal quartereach Fiscal Quarter (i) during the 2004 Fiscal Year, permit the a Fixed Charge Coverage Ratio of not less than ninety percent (90%) of the projected Fixed Charge Coverage Ratio set forth on the Projected Budget for the period Fiscal Quarter then ended and (ii) after the 2004 Fiscal Year, a Fixed Charge Coverage Ratio of four (4) consecutive fiscal quarters ending on such date, to be not less than or equal 1.0 to 2.50 to 1.01.0 for the Fiscal Quarter then ended."

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit the Maintain a Fixed Charge Coverage Ratio (for the Loan Parties on a consolidated basis) of not less than 1.0 to 1.0 calculated as of the last day of the fiscal quarter ending September 30, 2006 for the period of equal to the four (4) consecutive fiscal quarters then ending on such date, to be less than or and as of the last day of each fiscal quarter thereafter for the period equal to 2.50 to 1.0the four (4) consecutive fiscal quarters then ending.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarterThe Borrower, permit the on a consolidated basis with its Subsidiaries, shall maintain a Fixed Charge Coverage Ratio Ratio, for the period of most recently completed four (4) consecutive fiscal quarters ending on such datequarter period, to be less greater than or equal to 2.50 to 1.01.00.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit Permit the Fixed Charge Coverage Ratio of the Borrower and its Subsidiaries for the each period of four (4) consecutive fiscal quarters of the Borrower ending on such date, at the end of each fiscal quarter of the Borrower to be less than or equal to 2.50 to 1.0(i) from December 31, 2001 through December 31, 2002, 1.0:1.0, and (ii) from January 1, 2003 through the Final Maturity Date, 1.05:1.0.

Fixed Charge Coverage Ratio. As The Borrower will have, as of the end of any each fiscal quarterquarter of the Borrower, permit commencing with the fiscal quarter ending March 26, 2004, a Fixed Charge Coverage Ratio for the period of four (4) consecutive fiscal quarters ending on such date, to be not less than or equal to 2.50 to 1.01.00.

Fixed Charge Coverage Ratio. As The Borrower will not (a) as of the end of any fiscal quarterquarter during Fiscal Year 2005, permit the Fixed Charge Coverage Ratio for the four quarter period ended as of four (4) consecutive the end of such fiscal quarters ending on such date, quarter to be less than or equal 1.30 to 2.50 1.00 and (b) as of the end of any fiscal quarter after Fiscal Year 2005, permit the Fixed Charge Coverage Ratio for the four quarter period ended as of the end of such fiscal quarter to 1.0.be less than 1.50 to 1.00”

Fixed Charge Coverage Ratio. As of The Borrower's Fixed Charge Coverage Ratio, as at the end of any fiscal quartereach Fiscal Quarter, permit beginning with the Fixed Charge Coverage Ratio for the period of four (4) consecutive fiscal quarters Fiscal Quarter ending on such dateJune 30, to 1998, shall not be less than or equal to 2.50 to 1.01.1:1.0.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarterBorrowers and their Subsidiaries, permit the on a consolidated basis, shall maintain a Fixed Charge Coverage Ratio of not less than 1.50 to one for the each period of four twelve (412) consecutive fiscal quarters months ending on such datethe last day of a fiscal quarter commencing with the fiscal quarter ending June 30, 2005." (g) A new Section 9.17.1 is hereby added to be less than or equal to 2.50 to 1.0.the Loan Agreement as follows:

Fixed Charge Coverage Ratio. As of December 31, 2001, and as of the end last day of any fiscal quartereach Fiscal Quarter thereafter, permit the Fixed Charge Coverage Ratio for the period of equal to the four (4) consecutive fiscal quarters ending on such dateFiscal Quarters then ending, to be less the Borrower and its Subsidiaries shall maintain a Fixed Charge Coverage Ratio greater than or equal to 2.50 1.25 to 1.01.00.

Fixed Charge Coverage Ratio. As Have at the end of each of the fiscal quarters ending April 4, 1998, July 4, 1998 and October 3, 1998 a year-to-date Fixed Charge Ratio as of the end of any the applicable fiscal quarterquarter equal to or greater than 1.25 to 1. Have at the end of each other fiscal quarter within the Original Term, permit the a Fixed Charge Coverage Ratio for the period of four (4) twelve consecutive fiscal quarters ending on such date, to be less than or months then ended equal to 2.50 or greater than 1.25 to 1.01.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit the Maintain a Fixed Charge Coverage Ratio (for the Loan Parties and their Subsidiaries on a consolidated basis) of not less than 1.20 to 1.00 calculated as of the last day of the fiscal quarter ending on December 31, 2010 for the period of equal to four (4) consecutive fiscal quarters then ending on such date, to be less than or and as of the last day of each fiscal quarter thereafter for the period equal to 2.50 to 1.0the four (4) consecutive fiscal quarters then ending.

Fixed Charge Coverage Ratio. As of the end of any fiscal quarter, permit Permit the Fixed Charge Coverage Ratio for to be less than 2.00 to 1.00. This ratio will be calculated at the period end of each fiscal quarter, using the results of the four (4) consecutive fiscal quarters ending on with such date, to be less than or equal to 2.50 to 1.0fiscal quarter.