Common use of Maximum Leverage Ratio Clause in Contracts

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the Borrower shall not permit the ratio (the "Leverage Ratio") of (i) Consolidated Funded Indebtedness to (ii) EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four consecutive fiscal quarters ending on such day, to be greater than (i) 2.00 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after January 31, 2011, of (i) Consolidated Total Funded Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis based on the quarterly compliance certificate most recently delivered pursuant to Section 5.01(c), to be greater than (i) 2.00 3.00 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after June 30, 2011, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 3.75 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after December 31, 2014, of (i) Consolidated Funded Total Indebtedness as of the date of determination to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Restricted Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 3.50 to 1.00.

Maximum Leverage Ratio. As of the last day of each any fiscal quarter, the Borrower shall will not permit the ratio (the "Leverage Ratio") of (ia) Consolidated Total Funded Indebtedness to (ii) EBITDA Debt of the Borrower and its Subsidiaries as of the last day of such fiscal quarter, to (b) the Borrower’s and its Subsidiaries, as at the end of and ’ consolidated Adjusted EBITDA for the period of four consecutive fiscal quarters ending on the last day of such day, fiscal quarter to be greater more than (i) 2.00 to 1.002.0:1.0.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after December 31, 2015, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 3.50 to 1.00 or, during an Acquisition Period, to be greater than 4.00 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall not permit the ratio (the "“Leverage Ratio"”) of (i) Consolidated Funded Indebtedness Indebtedness, to (ii) EBITDA to be greater than 2.25 to 1.00. The Leverage Ratio shall be calculated, in each case, determined as of the Borrower and its Subsidiarieslast day of each fiscal quarter based upon (a) for Funded Indebtedness, as at of the end last day of each such fiscal quarter; and (b) for EBITDA, the actual amount for the four-quarter period of four consecutive fiscal quarters ending on such day, to be greater than (i) 2.00 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after March 31, 2013, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 2.50 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after March 31, 2015, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Restricted Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 3.25 to 1.00.

Maximum Leverage Ratio. As The Borrower will not permit the ratio (the “Leverage Ratio”) of (i) Consolidated Senior Funded Indebtedness to (ii) Consolidated EBITDA, determined for the period of four (4) consecutive fiscal quarters ending on the last day of each fiscal quarter, the Borrower shall not permit the ratio (the "Leverage Ratio") of (i) Consolidated Funded Indebtedness to (ii) EBITDA quarter of the Borrower and its Subsidiaries, as at the end of and for the period of four consecutive fiscal quarters ending on such dayBorrower, to be greater than (i) 2.00 to 1.002.75:1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the Borrower shall not permit the ratio (the "Leverage Ratio") of (ii)(a) Consolidated Funded Indebtedness Total Debt as of the last day of any fiscal quarter of Borrower minus (b) the aggregate amount of Unrestricted Cash in excess of $75,000,000, as of such day, of Borrower and its Subsidiaries (excluding any Unrestricted Subsidiaries), determined on a consolidated basis) to (ii) Consolidated Adjusted EBITDA of the Borrower and its Subsidiaries, as at the end of and for the four-fiscal quarter period ending as of four consecutive fiscal quarters ending on such day, to be greater than (i) 2.00 to 1.00exceed 3.50:1.00.

Maximum Leverage Ratio. As The Borrower will not permit, as of the end of any period of four (4) consecutive fiscal quarters ending as of the last day of each any fiscal quarterquarter of the Borrower, the Borrower shall not permit the ratio (the "Leverage Ratio") of (i) Consolidated Funded Indebtedness Debt for Borrowed Money as at such date to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and Subsidiaries for the such period of four (4) consecutive fiscal quarters ending on such daythen ended, to be greater than (i) 2.00 3.25 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA for the period of the then most-recently ended four (4) consecutive fiscal quarters, all calculated for the Borrower and its Subsidiaries, as at the end of and for the period of four consecutive fiscal quarters ending Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 2.5 to 1.001.0.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after December 31, 2011, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 3.0 to 1.001.0.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after September 30, 2009 of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 3.0 to 1.001.0.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after September 30, 2011, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 2.50 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after February 29, 2012, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Restricted Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 2.50 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after December 31, 2006, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Consolidated Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 2.25 to 1.001.0.

Maximum Leverage Ratio. As The Borrower will not permit the ratio (the “Leverage Ratio”), determined as of the last day of each of its fiscal quarterquarters ending on and after December 31, the Borrower shall not permit the ratio (the "Leverage Ratio") 2010, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 2.50 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (ratio, determined as of the "Leverage Ratio") end of each of its fiscal quarters ending on and after December 31, 2004, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA for the period of 4 consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries, as at the end of and for the period of four consecutive fiscal quarters ending Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 3.0 to 1.001.0.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after June 30, 2008 of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 2.50 to 1.001.0.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after December 31, 2015, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 3.50 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after December 31, 2012, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 2.75 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after December 31, 2013, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated Adjusted EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 2.50 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after September 30, 2009, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 3.0 to 1.001.0.

Maximum Leverage Ratio. As Borrowers shall not permit the ratio of (i)(a) Consolidated Total Debt as of the last day of each any fiscal quarterquarter of Company minus (b) the aggregate amount of Unrestricted Cash in excess of $75,000,000, the Borrower shall not permit the ratio as of such day, of Company and its Subsidiaries (the "Leverage Ratio"excluding any Unrestricted Subsidiaries), determined on a consolidated basis) of (i) Consolidated Funded Indebtedness to (ii) Consolidated Adjusted EBITDA of the Borrower and its Subsidiaries, as at the end of and for the four-fiscal quarter period ending as of four consecutive fiscal quarters ending on such day, to be greater than (i) 2.00 to 1.00exceed 3.50:1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after June 30, 2008 of (i) Consolidated Total Funded Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 3.0 to 1.001.0.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters of (i) Consolidated Total Funded Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 3.25 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after December 31, 2014, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 3.00 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after September 30, 2010, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 2.50 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the Borrower shall not permit the ratio (the "Leverage Ratio") of (i) Consolidated Funded Indebtedness to (ii) EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four consecutive fiscal quarters ending on such day, to be greater than (i) 2.00 3.00 to 1.00.

Maximum Leverage Ratio. As of the last day of each any fiscal quarter, the Borrower shall will not permit the ratio (the "Leverage Ratio") of (ia) Consolidated Total Funded Indebtedness to (ii) EBITDA Debt of the Borrower and its Subsidiaries as of the last day of such fiscal quarter, to (b) the Borrower’s and its Subsidiaries, as at the end of and ’ consolidated Adjusted EBITDA for the period of four consecutive fiscal quarters ending on the last day of such day, fiscal quarter to be greater more than (i) 2.00 to 1.002.00:1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after January 31, 2015, of (i) Consolidated Total Funded Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis based on the quarterly compliance certificate most recently delivered pursuant to Section 5.01(c), to be greater than (i) 2.00 3.00 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after December 31, 2010, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 2.50 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after December 31, 2006, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 3.0 to 1.001.0.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after March 31, 2011, of (i) Consolidated Funded Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 2.50 to 1.00.

Maximum Leverage Ratio. As of the last day end of each fiscal quarterFiscal Quarter, commencing with the Fiscal Quarter ending June 30, 2017, Borrower shall will not permit the ratio (the "Leverage Ratio") of (ia) Consolidated Funded Indebtedness to (ii) EBITDA Debt as of the Borrower and its Subsidiaries, as at the end of and such Fiscal Quarter to (b) Consolidated Adjusted EBITDAX for the period of four consecutive fiscal quarters ending on such dayFiscal Quarter multiplied by 4, to be greater than (i) 2.00 exceed 4.00 to 1.00.

Maximum Leverage Ratio. As Borrowers shall not permit the ratio of (i)(a) Consolidated Total Debt as of the last day of each any fiscal quarterquarter of Company minus (b) the aggregate amount of cash and Permitted Investments in excess of $75,000,000, the Borrower shall not permit the ratio as of such day, of Company and its Subsidiaries (the "Leverage Ratio"excluding any Unrestricted Subsidiaries), determined on a consolidated basis) of (i) Consolidated Funded Indebtedness to (ii) Consolidated Adjusted EBITDA of the Borrower and its Subsidiaries, as at the end of and for the four-fiscal quarter period ending as of four consecutive fiscal quarters ending on such day, to be greater than (i) 2.00 to 1.00exceed 3.50:1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after December 31, 2019, of (i) Consolidated Funded Total Indebtedness as of the date of determination to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Restricted Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 4.503.50 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after September 28, 2012 of (i) Consolidated Total Funded Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 3.00 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after the Effective Date, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 3.75 to 1.00.

Maximum Leverage Ratio. As Borrower shall not permit the ratio, as of the last day of each fiscal quarterquarter of Borrower listed below, of Funded Debt as of such date to EBITDA for the Borrower shall not permit four fiscal quarters ended on such date to exceed the ratio (the "Leverage Ratio") of (i) Consolidated Funded Indebtedness to (ii) EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four consecutive fiscal quarters ending on set forth below opposite such day, to be greater than (i) 2.00 to 1.00.:

Maximum Leverage Ratio. As of the last day end of each fiscal quarterquarter beginning with the fiscal quarter ending December 31,2001, the Borrower shall Borrowers will not permit the ratio (the "Leverage Ratio") of (i) Consolidated Funded Indebtedness to (ii) EBITDA Debt determined as of the Borrower and its Subsidiaries, as at the end of and such fiscal quarter to Adjusted EBITDA calculated for the period of four consecutive (4) fiscal quarters then ending on such day, to be greater than (i) 2.00 3.00 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall not permit the ratio (the "Leverage Ratio") of (i) Consolidated Funded Indebtedness Indebtedness, to (ii) EBITDA to be greater than 2.00 to 1.00. The Leverage Ratio shall be calculated, in each case, determined as of the Borrower and its Subsidiarieslast day of each fiscal quarter based upon (a) for Funded Indebtedness, as at of the end last day of each such fiscal quarter; and (b) for EBITDA, the actual amount for the four-quarter period of four consecutive fiscal quarters ending on such day, to be greater than (i) 2.00 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after September 30, 2016, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four consecutive fiscal quarters ending on such day, to be greater than (i) 2.00 to 1.00.four

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after September 30, 2014, of (i) Consolidated Funded Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 2.75 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after the Effective Date, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 3.00 to 1.00.

Maximum Leverage Ratio. As The Borrower will not permit the ratio (the “Leverage Ratio”), determined as of the last day of each of its fiscal quarterquarters ending on and after December 31, the Borrower shall not permit the ratio (the "Leverage Ratio") 2011, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 3.00 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "Leverage Ratio") ), determined as of the end of each of its fiscal quarters ending on and after October 29, 2005, of (i) Consolidated Funded Total Indebtedness as of such ending date to (ii) Consolidated EBITDA for the period of 4 consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries, as at the end of and for the period of four consecutive fiscal quarters ending Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 2.5 to 1.001.0.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after December 31, 2015, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 4.00 to 1.00 or, during an Acquisition Period, to be greater than 4.50 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "Leverage Ratio") ), determined as of the end of each of its fiscal quarters ending on and after December 31, 2004, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA for the period of 4 consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries, as at the end of and for the period of four consecutive fiscal quarters ending Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 2.50 to 1.001.0.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after September 27, 2015, of (i) Consolidated Total Funded Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 3.00 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after the Effective Date, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 3.25 to 1.001.0.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall not permit the ratio (the "Leverage Ratio") of (i1) Consolidated Funded Indebtedness to (ii) EBITDA Debt of the Borrower and its Subsidiariesconsolidated Subsidiaries to (2) EBITDA to be greater than 2.00 to 1.00. The Leverage Ratio shall be calculated, in each case, determined as of the last day of each fiscal quarter based upon (a) for Indebtedness, as at of the end last day of each such fiscal quarter; and (b) for EBITDA, the actual amount for the four-quarter period of four consecutive fiscal quarters ending on such day, to be greater than (i) 2.00 to 1.00. [Intentionally Deleted.]

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after December 31, 2011, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 3.00 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after December 31, 2014, of (i) Consolidated Funded Total Indebtedness as of the date of determination to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Restricted Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 4.503.50 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after February 28, 2008, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 2.50 to 1.00.

Maximum Leverage Ratio. As of the last day of each fiscal quarter, the The Borrower shall will not permit the ratio (the "“Leverage Ratio") ”), determined as of the end of each of its fiscal quarters ending on and after June 30, 2011, of (i) Consolidated Funded Total Indebtedness to (ii) Consolidated EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four (4) consecutive fiscal quarters ending with the end of such fiscal quarter, all calculated for the Borrower and its Subsidiaries on such daya consolidated basis, to be greater than (i) 2.00 3.00 to 1.00.

Maximum Leverage Ratio. As Borrowers shall not permit the ratio of (i) Consolidated Total Debt as of the last day of each any fiscal quarter, the Borrower shall not permit the ratio (the "Leverage Ratio") quarter of (i) Consolidated Funded Indebtedness Company to (ii) Consolidated Adjusted EBITDA for the four-fiscal quarter period ending as of the Borrower and its Subsidiarieslast day of any such fiscal quarter to exceed, as at the end of and (x) for the period of four consecutive such fiscal quarters quarter ending on or before June 30, 2005, 4.00:1.00, and (y) for such dayfiscal quarter ending after June 30, to be greater than (i) 2.00 to 1.002005, 3.50:1.00.”