Common use of Minimum EBITDA Clause in Contracts

Minimum EBITDA. Borrower and its Subsidiaries on a consolidated basis shall have, at the end of each Fiscal Month set forth below, EBITDA for the 12- month period then ended of not less than the following: $33,000,000 for the Fiscal Months ending on January 31, 2006 through March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through December 31, 2006; and $35,000,000 for each Fiscal Months ending thereafter.

Minimum EBITDA. US Borrower and its Subsidiaries on a consolidated basis shall havewill not permit EBITDA, at measured as of the end last day of each Fiscal Month set forth below, EBITDA fiscal quarter for the 12- month four quarter period then ended of not ended, to be less than the following: (i) $33,000,000 17,700,000 for the Fiscal Months fiscal quarter ending on January Xxxxx 00, 0000, (xx) $9,100,000 for the fiscal quarter ending June 30, 2016, (iii) $2,400,000 for the fiscal quarter ending September 30, 2016, (iv) ($1,000,000) for the fiscal quarter ending December 31, 2006 through 2016, (v) $8,000,000 for the fiscal quarter ending March 31, 2006; 2017, and (vi) $33,000,000 14,300,000 for the Fiscal Months fiscal quarter ending on April 30, 2006 through June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through December 31, 2006; and $35,000,000 for each Fiscal Months ending thereafter2017.

Minimum EBITDA. Borrower and its Subsidiaries on a consolidated basis shall have, at As of the end of each Fiscal Month set forth belowof its fiscal quarters beginning with the quarter ended June 30, 2008, the Borrower shall maintain minimum EBITDA for the 12- month period then ended of not less than the following: (i) $33,000,000 7,500,000 for the Fiscal Months ending on January 31, 2006 through March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through six months ended June 30, 2006; 2008, (ii) $34,000,000 12,500,000 for the Fiscal Months ending on July 31, 2006 through nine months ended September 30, 2006; 2008, and (iii) $34,000,000 16,500,000 for the Fiscal Months ending on October 30, 2006 through twelve months ended December 31, 2006; 2008 and $35,000,000 for each Fiscal Months ending thereaftertrailing twelve month period thereafter to be tested at each fiscal quarter end.”

Minimum EBITDA. Borrower and its Subsidiaries Cause the Borrowers on a consolidated basis shall have, at the end of each Fiscal Month set forth below, Consolidated Basis to maintain EBITDA for the 12- month period then ended of not less than the following: $33,000,000 amounts set forth below for the corresponding fiscal quarter then ending, in each case measured on a trailing twelve month basis: Fiscal Months ending on January 31, 2006 through Quarter Ending Minimum EBITDA March 31, 2006; 2019 $33,000,000 for the Fiscal Months ending on April 30, 2006 through 5,943,438 June 30, 2006; 2019 $34,000,000 for the Fiscal Months ending on July 31, 2006 through 5,913,857 September 30, 2006; 2019 $34,000,000 for the Fiscal Months ending on October 30, 2006 through 6,043,309 December 31, 2006; and 2019 $35,000,000 for each Fiscal Months ending thereafter.8,472,716

Minimum EBITDA. The Borrower and its Subsidiaries on a consolidated basis shall havewill not permit EBITDA as of the last day of any fiscal quarter for the four consecutive fiscal quarters then ended to be less than (i) $35,000,000 from April 30, 1998 through April 29, 1999, (ii) $40,000,000 at the end of each Fiscal Month set forth below, EBITDA for the 12- month period then ended of not less than the following: $33,000,000 for the Fiscal Months any fiscal quarter ending on January 31, 2006 through March 31, 2006; $33,000,000 for the Fiscal Months ending on or after April 30, 2006 1999 through June 30April 29, 2006; 2000, and (iii) $34,000,000 for 45,000,000 at the Fiscal Months ending on July 31, 2006 through September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through December 31, 2006; and $35,000,000 for each Fiscal Months ending end of any fiscal quarter thereafter.

Minimum EBITDA. EBITDA for each four fiscal quarter period of the Borrower and its Subsidiaries on a consolidated basis ending during the periods set forth below shall have, at not be less than the end of each Fiscal Month amounts set forth below, EBITDA for the 12- month period then ended of not less than the following: $33,000,000 for the Fiscal Months ending on January Period Amount December 31, 2006 through 2001 $ 6,500,000 March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through 2002 $ 7,118,000 June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through 2002 $ 8,065,000 September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through 2002 $ 10,657,000 December 31, 2006; 2002 and $35,000,000 for each Fiscal Months ending thereafter.fiscal quarter end thereafter $ 15,000,000

Minimum EBITDA. Borrower and its Subsidiaries on a consolidated basis shall have, at As of the end of each Fiscal Month set forth belowof its fiscal quarters beginning with the quarter ended June 30, 2008, the Borrower shall maintain minimum EBITDA for the 12- month period then ended of not less than the following: (i) $33,000,000 for the Fiscal Months ending on January 31, 2006 through March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through 7,500,000 at June 30, 2006; 2008, (ii) $34,000,000 for the Fiscal Months ending on July 31, 2006 through 15,000,000 at September 30, 2006; 2008, and (iii) $34,000,000 for the Fiscal Months ending on October 30, 2006 through 22,500,000 at December 31, 2006; 2008 and $35,000,000 for each Fiscal Months ending thereafter. This covenant will be tested quarterly beginning with the fiscal quarter ended June 30, 2008.

Minimum EBITDA. The Borrower and its Subsidiaries on a consolidated basis shall have, at the end of each Fiscal Month set forth belowquarters ending March 31, 2016 and June 30, 2016, an EBITDA for the 12- twelve-month period then periods then-ended of not less than $500,000.00. Beginning with the following: $33,000,000 for the Fiscal Months fiscal quarter ending on January 31, 2006 through March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through September 30, 2006; $34,000,000 2016 and at the end of each fiscal quarter thereafter, Borrower shall have an EBITDA for the Fiscal Months ending on October 30, 2006 through December 31, 2006; and twelve-month period then-ended of not less than $35,000,000 for each Fiscal Months ending thereafter1,000,000.00.”

Minimum EBITDA. The Borrower and its Subsidiaries on a consolidated basis shall have, at as of the end of each Fiscal Month Quarter set forth below for the four (4) Fiscal Quarters then ending, EBITDA of no less than the amount set forth below opposite such Fiscal Quarter end set forth below: Fiscal Quarter Ending Minimum EBITDA September 28, EBITDA for the 12- month period then ended of not less than the following: 1997 $33,000,000 for the Fiscal Months ending on January 31December 28, 2006 through 1997 $40,000,000 March 3129, 2006; 1998 $33,000,000 for the Fiscal Months ending on April 30, 2006 through 45,000,000 June 30, 2006; 1998 $34,000,000 for the Fiscal Months ending on July 3147,000,000 September 27, 2006 through September 1998 $50,000,000 December 27, 1998 $53,000,000 March 28, 1999 $57,000,000 June 30, 2006; 1999 $34,000,000 for the Fiscal Months ending on 61,000,000 October 303, 2006 through December 311999 $62,000,000 January 2, 2006; and 2000 $35,000,000 for each Fiscal Months ending thereafter.63,000,000 April 2, 2000 $64,000,000

Minimum EBITDA. (i) Borrower and its Subsidiaries on a consolidated basis shall have, at the end of each Fiscal Month set forth below, maintain EBITDA (for the 12- consecutive twelve month period then ended ending) as of the last day of each fiscal quarter of not less than the followingamount set forth below opposite the applicable fiscal quarter ending date: $33,000,000 for the Fiscal Months ending on January Quarter Ending Date Amount December 31, 2006 through 2014 ($2,100,000) March 31, 2006; 2015 ($33,000,000 for the Fiscal Months ending on April 30, 2006 through 7,300,000) June 30, 2006; 2015 ($34,000,000 for the Fiscal Months ending on July 31, 2006 through 3,500,000) September 30, 2006; 2015 $34,000,000 for the Fiscal Months ending on October 30, 2006 through December 31, 2006; and $35,000,000 for each Fiscal Months ending thereafter.4,300,000

Minimum EBITDA. (a) The EBITDA of the Borrower and its Subsidiaries on a consolidated basis shall have, at for the end three month period ending on the last day of each Fiscal Month quarter indicated below, shall equal or exceed the amount set forth belowopposite such period: Three Month Period ------------------ Ending on the Following Quarter Ends Minimum EBITDA ------------------------------------ -------------- September 30, EBITDA for the 12- month period then ended of not less than the following: 2000 $33,000,000 for the Fiscal Months ending on January 300,000 December 31, 2006 through 2000 $600,000 March 313l, 2006; 2001 $33,000,000 for the Fiscal Months ending on April 30, 2006 through 700,000 June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through 2001 September 30, 2006; 2001 and thereafter $34,000,000 for the Fiscal Months ending on October 30, 2006 through December 31, 2006; and $35,000,000 for each Fiscal Months ending thereafter.750,000

Minimum EBITDA. Borrower and its Subsidiaries shall for each trailing four fiscal quarter period ending on a consolidated basis shall have, at the end of each Fiscal Month dates set forth below, measured on and as of each such dates, have EBITDA for the 12- month period then ended of not less than the followingamount set forth next to such ending date: $33,000,000 for the Fiscal Months ending on January Four Quarter Period Ending Amount ------------- ----------- October 31, 2006 through March 311999 $ 4,250,000 January 30, 2006; $33,000,000 for the Fiscal Months ending on 2000 $ 4,750,000 April 30, 2006 through June 2000 $ 5,800,000 July 30, 2006; 2000 $ 8,750,000 October 29, 2000 and thereafter $34,000,000 for the Fiscal Months ending on July 31, 2006 through September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through December 31, 2006; and $35,000,000 for each Fiscal Months ending thereafter10,000,000."

Minimum EBITDA. Borrower and its Subsidiaries shall for each trailing four fiscal quarter period ending on a consolidated basis shall have, at the end of each Fiscal Month dates set forth below, measured on and as of each such dates, have EBITDA for the 12- month period then ended of not less than the followingamount set forth next to such ending date: Four Quarter Period Ending Amount ------------- ------ May 2, 1999 $33,000,000 for the Fiscal Months ending on January 2,500,000 August 1, 1999 $4,000,000 October 31, 2006 through March 311999 $5,000,000 January 30, 2006; 2000 $33,000,000 for the Fiscal Months ending on 8,000,000 April 30, 2006 through June 2000 $9,000,000 July 30, 2006; 2000 and thereafter $34,000,000 for the Fiscal Months ending on July 31, 2006 through September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through December 31, 2006; and $35,000,000 for each Fiscal Months ending thereafter10,000,000."

Minimum EBITDA. Borrower and its Subsidiaries on a consolidated basis shall have, at As of the end of each Fiscal Month set forth belowof its fiscal quarters beginning with the quarter ended June 30, 2008, the Borrower shall maintain minimum EBITDA for the 12- month period then ended of not less than the following: (i) $33,000,000 7,500,000 for the Fiscal Months ending on January 31, 2006 through March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through six months ended June 30, 2006; 2008, (ii) $34,000,000 15,000,000 for the Fiscal Months ending on July 31, 2006 through nine months ended September 30, 2006; 2008, and (iii) $34,000,000 22,500,000 for the Fiscal Months ending on October 30, 2006 through twelve months ended December 31, 2006; 2008 and $35,000,000 for each Fiscal Months ending thereaftertrailing twelve month period thereafter to be tested at each fiscal quarter end.

Minimum EBITDA. (i) Borrower and its Subsidiaries on a consolidated basis shall have, at the end of each Fiscal Month set forth below, maintain EBITDA (for the 12- consecutive twelve month period then ended ending) as of the last day of each fiscal quarter of not less than the followingamount set forth below opposite the applicable fiscal quarter ending date: $33,000,000 for the Fiscal Months ending on January 31, 2006 through March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through Quarter Ending Date Amount September 30, 2006; 2014 ($34,000,000 for the Fiscal Months ending on October 30, 2006 through 700,000) December 31, 2006; and 2014 ($35,000,000 for each Fiscal Months ending thereafter.2,100,000)

Minimum EBITDA. The Borrower and its Subsidiaries on a consolidated basis shall havewill, at as of the end last day of each Fiscal Month set forth belowQuarter commencing with the Fiscal Quarter ending September 30, 2004, have a Consolidated EBITDA for the 12- month four (4) consecutive fiscal quarter period of Borrower then ended of not less than at least the following: sum of (a) $33,000,000 for 30,000,000 plus (b) the Fiscal Months ending on January 31, 2006 through March 31, 2006; lesser of (i) Fifty Percent (50%) of Acquired Cash Flow or (ii) $33,000,000 for the Fiscal Months ending on April 30, 2006 through June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through December 31, 2006; and $35,000,000 for each Fiscal Months ending thereafter10,000,000.

Minimum EBITDA. Borrower (1) Borrowers and its their Subsidiaries on a consolidated basis shall have, at the end of each Fiscal Month set forth below, EBITDA for the 12- 12-month period then ended ended, of not less than the following: $33,000,000 for the Fiscal Months ending on Month Ending EBITDA January 31, 2006 through 2001 $ 2,270,000 February 2001 $ 2,380,000 March 31, 2006; $33,000,000 for the Fiscal Months ending on 2001 $ 1,980,000 April 30, 2006 through 2001 $ 2,140,000 May 2001 $ 2,220,000 June 30, 2006; $34,000,000 for the Fiscal Months ending on 2001 $ 2,400,000 July 31, 2006 through 2001 $ 2,310,000 August 2001 $ 2,690,000 September 30, 2006; $34,000,000 for the Fiscal Months ending on 2001 $ 3,090,000 October 30, 2006 through 2001 $ 3,650,000 November 2001 $ 3,880,000 December 31, 2006; and $35,000,000 for each Fiscal Months ending thereafter.2001 $ 4,000,000

Minimum EBITDA. As of the end of each fiscal quarter of the Borrower, beginning with the first fiscal quarter ending after the Third Amendment Effective Date, the Borrower will not permit EBITDA for the Borrower and its Subsidiaries on a consolidated basis shall have, at the end of each Fiscal Month set forth below, EBITDA for the 12- month period then ended of not to be less than the followingamount set forth below opposite such period: $33,000,000 for the Minimum Period EBITDA Fiscal Months quarter ending on January February 29, 2004 $ 15,000,000 Two fiscal quarters ending May 31, 2006 through March 2004 $ 42,500,000 Three fiscal quarters ending August 31, 2006; $33,000,000 for the Fiscal Months 2004 $ 75,000,000 Calculation Period ending on April November 30, 2006 through June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through December 31, 2006; 2004 and $35,000,000 for each Fiscal Months ending thereafter.Calculation Period thereafter $ 110,000,000

Minimum EBITDA. Borrower and its Subsidiaries shall have EBITDA, measured on a consolidated basis shall havefiscal quarter end basis, at the end of each Fiscal Month set forth below, EBITDA for the 12- month period then ended of not less than then the followingrequired amount set forth in the following table: $33,000,000 for the Fiscal Months ending 12 Month Period Ending Applicable Amount on or About ----------------- ----------------------- $ 11,000,000 April 30, 2001 and July 31, 2001 $ 12,000,000 October 31, 2001 $ 12,500,000 January 31, 2006 through March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through December 31, 2006; 2002 and $35,000,000 for each Fiscal Months ending thereafter.all subsequent quarters

Minimum EBITDA. Borrower and its Subsidiaries on a consolidated basis shall have, at not permit the end EBITDA as of each Fiscal Month set forth below, EBITDA for the 12- month period then ended last day of not any fiscal quarter during the periods specified below to be less than the following: $33,000,000 amount set forth below for the Fiscal Months ending on January period specified below: Period Minimum EBITDA July 1, 2009 through September 30, 2009 $ 1,350,000 July 1, 2009 through December 31, 2006 2009 $ 3,375,000 July 1, 2009 through March 31, 2006; $33,000,000 for the Fiscal Months ending on April 302010 $ 4,025,000 July 1, 2006 2009 through June 30, 2006; $34,000,000 for the Fiscal Months 2010 $ 4,900,000 Each Computation Period ending on July 31, 2006 through and after September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through December 31, 2006; and $35,000,000 for each Fiscal Months ending thereafter.2010 $ 5,000,000

Minimum EBITDA. Borrower and its Subsidiaries on Maintain at all times a consolidated basis shall have, at the end of each Fiscal Month set forth below, minimum EBITDA for the 12- month period then ended of not less than the followingfollowing amounts at the following times: Minimum EBITDA: Fiscal Quarter Ending: $33,000,000 for the Fiscal Months ending on January 31, 2006 through March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 11,000,000 Closing Date through June 30, 20061999; $34,000,000 for the Fiscal Months ending on July 31, 2006 through 12,500,000 September 30, 20061999; $34,000,000 for the Fiscal Months ending on October 30, 2006 through 13,000,000 December 31, 20061999; and $35,000,000 for each Fiscal Months ending 14,500,000 March 31, 2000 and at all times thereafter.

Minimum EBITDA. Borrower and its Subsidiaries on a consolidated basis shall have, at the end of each Fiscal Month Quarter set forth below, EBITDA for the 12- 12-month period then ended of not less than the following: $33,000,000 for the Fiscal Months Quarter ending on January Minimum EBITDA September 30, 2003 $ 37,125,000 December 31, 2006 through 2003 35,628,000 March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through 2004 35,445,000 June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through 2004 30,000,000 September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through 2004 43,072,000 December 31, 2006; 2004 48,293,000 March 31, 2005 52,445,000 June 30, 2005 58,139,000 September 30, 2005 and $35,000,000 for each Fiscal Months Quarter ending thereafter.thereafter 62,000,000 ”

Minimum EBITDA. Borrower and its Subsidiaries on a consolidated basis shall have, at Permit as of the end of each Fiscal Month set forth below, EBITDA any fiscal quarter of the Borrowers for the 12- month four quarter period then ended ending on such date, the EBITDA of not the Loan Parties and their consolidated Subsidiaries to be less than the following: $33,000,000 (i) for the Fiscal Months fiscal quarters ending on January June 30, 2007 and September 30, 2007, $375,000,000 (ii) for the fiscal quarters ending December 31, 2006 through 2007, March 31, 2006; $33,000,000 for the Fiscal Months ending on April 302008, 2006 through June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through 2008 and September 30, 2006; 2008, $34,000,000 for the Fiscal Months ending on October 30, 2006 through December 31, 2006; 400,000,000 and $35,000,000 (iii) for each Fiscal Months ending fiscal quarter thereafter, $500,000,000.

Minimum EBITDA. Borrower and its Subsidiaries on a consolidated basis shall have(i) EBITDA, at as of the end last day of each Fiscal Month set forth belowfiscal quarter of the Borrower, EBITDA shall be greater than or equal to the amount shown below for the 12- month period then ended of not less than the followingcorresponding thereto: Fiscal quarter ending 3/31/99 $33,000,000 for the 2,350,000 Fiscal Months quarter ending on January 31, 2006 through March 31, 2006; 6/30/99 $33,000,000 for the 4,750,000 Fiscal Months quarter ending on April 30, 2006 through June 30, 2006; 9/30/99 $34,000,000 for the Fiscal Months ending on July 31, 2006 through September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through December 31, 2006; and $35,000,000 for each Fiscal Months ending thereafter.5,920,000

Minimum EBITDA. Borrower and its Subsidiaries on If at any time during any fiscal quarter through fiscal quarter ending July 31, 2010, Borrowers have more than $8,000,000 of outstanding Revolving Advances or if Undrawn Availability (Modified) is less than $10,000,000, cause to be achieved a consolidated basis shall have, at the end of each Fiscal Month set forth below, minimum EBITDA for the 12- month period then ended of not less than the following: $33,000,000 following amounts for the Fiscal Months ending on January 31, 2006 through March 31, 2006; end of such quarter (i) ($33,000,000 12,000,000) for the Fiscal Months nine (9) month period ending on April January 30, 2006 through June 302010, 2006; (ii) ($34,000,000 12,000,000) for the Fiscal Months twelve (12) month period ending on May 1, 2010 and (iv) ($4,000,000) for the twelve (12) month period ending July 31, 2006 through September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through December 31, 2006; and $35,000,000 for each Fiscal Months ending thereafter2010.

Minimum EBITDA. The Borrower and its Subsidiaries Subsidiaries, on a consolidated basis Consolidated basis, shall have, at have EBITDA for each period of four consecutive fiscal quarters measured on the end last day of each Fiscal Month set forth belowfiscal quarter beginning June 30, EBITDA for the 12- month period then ended 2004, of not no less than the followingamount specified below for the periods specified below: Minimum EBITDA Four Quarter Periods Ending $33,000,000 for Closing through 9/30/06 $36,000,000 12/31/06 through the Fiscal Months ending on January 31, 2006 through March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through December 31, 2006; and $35,000,000 for each Fiscal Months ending thereafter.Maturity Date

Minimum EBITDA. Borrower and its Subsidiaries on a consolidated basis shall have, at As of the end last day of each Fiscal Month set forth fiscal quarter of the Borrower specified below, the Borrower shall not permit EBITDA for the 12- month period four fiscal quarters of the Borrower then ended of not to be less than the followingthan: EBITDA FOR FOUR FISCAL QUARTERS THEN ENDED SHALL NOT FISCAL QUARTER ENDING ON OR ABOUT: BE LESS THAN June 30, 2003 $33,000,000 for the Fiscal Months ending on January 28,000,000 September 30, 2003 $28,000,000 December 31, 2006 through 2003 $28,000,000 March 31, 2006; 2004 $33,000,000 for the Fiscal Months ending on April 30, 2006 through 28,000,000 June 30, 2006; 2004 $34,000,000 for the Fiscal Months ending on July 31, 2006 through 30,000,000 September 30, 2006; 2004 $34,000,000 for the Fiscal Months ending on October 30, 2006 through 30,000,000 December 31, 2006; 2004, and each fiscal $35,000,000 for each Fiscal Months 32,000,000 quarter ending thereafter.

Minimum EBITDA. The Borrower and its Subsidiaries on a consolidated basis the Guarantors shall have, at the end of each Fiscal Month set forth below, have minimum EBITDA for the 12- month period then ended of not less than the following: $33,000,000 for the Fiscal Months Period Minimum EBITDA ------ -------------- Semi-annual fiscal period ending on January 31, 2006 through March 31, 2006; $33,000,000 for the Fiscal Months ending on April May 30, 2006 through June 301999 $ 4,000,000.00 Nine month fiscal period ending August 29, 2006; 1999 $ 5,500,000.00 Fiscal year ending November 28, 1999 $ 8,000,000.00 Fiscal year ending December 3, 2000 $ 9,000,000.00 Each fiscal year thereafter $34,000,000 for the Fiscal Months ending on July 31, 2006 through September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through December 31, 2006; and $35,000,000 for each Fiscal Months ending thereafter.10,000,000.00"

Minimum EBITDA. Borrower and its Subsidiaries on a consolidated basis shall have, at the end of each Fiscal Month Quarter set forth below, EBITDA for the 12- 12-month period then ended of not less than the following: $33,000,000 for the Fiscal Months ending on January Period EBITDA ------ ------ September 30, 2002 $ 25,650,000 December 31, 2006 through 2002 $ 25,650,000 March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through 2003 $ 27,000,000 June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through 2003 $ 27,000,000 September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through 2003 $ 27,000,000 December 31, 2006; 2003 $ 27,000,000 March 31, 2004 $ 29,000,000 June 30, 2004 $29,000,000 September 30, 2004 $29,000,000 December 31, 2004 $29,000,000 March 31, 2005 $31,000,000 and $35,000,000 for each Fiscal Months ending Quarter thereafter.

Minimum EBITDA. Borrower and its Subsidiaries The Borrowers will maintain, on a consolidated basis shall have, at and tested as of the end last day of each Fiscal Month set forth below, EBITDA for of the 12- month period then ended of not less than the following: $33,000,000 for the Fiscal Months ending on January 31, 2006 through March Borrowers' fiscal quarters commencing July 31, 2006; $33,000,000 for , minimum EBITDA equal to or exceeding the Fiscal Months ending following levels on April 30, 2006 through June 30, 2006; $34,000,000 for a rolling four (4) quarter basis: For the Fiscal Months ending on quarter ending: July 31, 2006 through September 30, 2006; $34,000,000 for the Fiscal Months ending on 1,200,000 October 3031, 2006 through December $1,300,000 January 31, 2006; 2007, and each quarter thereafter $35,000,000 for each Fiscal Months ending thereafter.1,800,000

Minimum EBITDA. (a) Borrower and its Subsidiaries on a consolidated basis shall haveachieve the following minimum quarterly EBITDA levels, in each case calculated at the end of each the referenced fiscal quarter for such quarter then ended: Fiscal Month set forth below, EBITDA for the 12- month period then ended of not less than the followingQuarter Ending in: $33,000,000 for the Fiscal Months ending on Maximum Quarterly EBITDA: October 2009 $ 800,000 January 31, 2006 through March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through June 30, 2006; $34,000,000 for the Fiscal Months ending on 2010 $ 10,500,000 May 2010 $ 1,500,000 August 2010 $ 2,500,000 October 2010 $ 1,000,000 January 2011 $ 12,500,000 May 2011 $ 2,000,000 July 31, 2006 through September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through December 31, 2006; and $35,000,000 for each Fiscal Months ending thereafter.2011 $ 3,000,000

Minimum EBITDA. The Borrower and its Subsidiaries on shall maintain a consolidated basis shall have, at the end minimum EBITDA of $4,000,000 for each Fiscal Month set forth below, EBITDA for the 12- month period then ended of not less than the following: $33,000,000 for the Fiscal Months Quarters ending on January 31, 2006 through each of the following dates: March 31, 2006; $33,000,000 for the Fiscal Months ending on April 302015, 2006 through June 30, 2006; $34,000,000 for the Fiscal Months ending on July 312015, 2006 through September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through 2015 and December 31, 2006; and $35,000,000 for each Fiscal Months ending thereafter2015.

Minimum EBITDA. (i) Borrower and its Subsidiaries shall maintain EBITDA (measured on a consolidated basis shall have, at quarterly basis) as of the end last day of each Fiscal Month set forth belowfiscal quarter, EBITDA for commencing with the 12- month period then ended fiscal quarter ending on December 31, 2013, of not less than the followingamount set forth below opposite the applicable period: $33,000,000 for the Fiscal Months ending on January Period Amount October 1, 2013 through December 31, 2006 2013 $1,000,000 January 1, 2014 through March 31, 2006; 2014 ($33,000,000 for the Fiscal Months ending on 9,000,000) April 301, 2006 2014 through June 30, 2006; 2014 ($34,000,000 for the Fiscal Months ending on 2,000,000) July 311, 2006 2014 through September 30, 2006; 2014 ($34,000,000 for the Fiscal Months ending on 3,500,000) October 301, 2006 2014 through December 31, 2006; and 2014 $35,000,000 for each Fiscal Months ending thereafter.15,000,000

Minimum EBITDA. Borrower and its Subsidiaries on a consolidated basis shall haveEBITDA, at as of the end of each Fiscal Month fiscal quarter of the Borrower, for the twelve month period ending on such date, during the periods set forth below, shall be greater than or equal to: PERIOD MINIMUM EBITDA for From the 12- month period then ended of not less than the following: $33,000,000 for the Fiscal Months ending on January Effective Date to December 31, 2006 through March 312001 $100,000,000 From January 1, 2006; 2002 to September 29, 2002 $33,000,000 for the Fiscal Months ending on April 30, 2006 through June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through 105,000,000 From September 30, 2006; 2002 to July 4, 2004 $34,000,000 for the Fiscal Months ending on October 30110,000,000 From July 5, 2006 through December 31, 2006; 2004 and thereafter $35,000,000 for each Fiscal Months ending thereafter.115,000,000

Minimum EBITDA. The Borrower and its consolidated Subsidiaries on a consolidated basis shall havemaintain minimum EBITDA, at measured as of the end of each Fiscal Month fiscal quarter period of the Borrower, as measured on a rolling four quarter basis, in an amount for such fiscal quarter set forth below: Fiscal Quarters Ending: Minimum EBITDA June 30 and September 30, EBITDA for the 12- month period then ended of not less than the following: $33,000,000 for the Fiscal Months ending on January 2004 $ 11,750,000 December 31, 2006 through 2004 $ 12,000,000 March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through 2005 $ 14,500,000 June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through December 31, 2006; 2005 and $35,000,000 for each Fiscal Months ending thereafter.thereafter $ 15,000,000

Minimum EBITDA. Borrower and its Subsidiaries on a consolidated basis shall haveMeasured as of the Fiscal Quarter ending June 30, at the end of each Fiscal Month set forth below2017, EBITDA (i) for the 12- month period six months then ended ended, maintain EBITDA of not less than the following: $33,000,000 272,000 and (ii) for the Fiscal Months ending on January 31twelve months then ended, 2006 through March 31, 2006; maintain EBITDA of not less than $33,000,000 for 1,100,000. Compliance with the Fiscal Months ending on April 30, 2006 through June 30, 2006; $34,000,000 for foregoing shall be evidenced by delivery of the Fiscal Months ending on July 31, 2006 through September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through December 31, 2006; and $35,000,000 for each Fiscal Months ending thereafterCompliance Certificate required under Section 10.1.2(c).

Minimum EBITDA. Borrower and its Subsidiaries on a consolidated basis shall have, at the end of each Fiscal Month Quarter set forth below, EBITDA for the 12- 12-month period then ended of not less than the following: Period EBITDA June 30, 2002 $33,000,000 for the Fiscal Months ending on January 7,500,000 September 30, 2002 $6,000,000 December 31, 2006 through 2002 $5,000,000 March 31, 2006; 2003 $33,000,000 for the Fiscal Months ending on April 30, 2006 through 5,250,000 June 30, 2006; 2003 $34,000,000 for the Fiscal Months ending on July 31, 2006 through 5,500,000 September 30, 2006; 2003 $34,000,000 for the Fiscal Months ending on October 30, 2006 through 5,750,000 December 31, 2006; and 2003 $35,000,000 for each Fiscal Months ending thereafter.6,000,000 March 31, 2004 $6,250,000 June 30, 2004 $6,500,000 September 30, 2004 $6,750,000 December 31, 2004 $7,000,000

Minimum EBITDA. The Borrower and its Subsidiaries on a consolidated basis shall have, at as of the end last day of each Fiscal Month Quarter set forth below, Consolidated EBITDA for the 12- month period then ended four Fiscal Quarters ending on such day of not less than the following: $33,000,000 for the Fiscal Months ending on January FISCAL QUARTER ENDING MINIMUM EBITDA December 31, 2006 through $23,000,000 March 31, 2006; 2007 $33,000,000 for the Fiscal Months ending on April 30, 2006 through 25,250,000 June 30, 2006; 2007 $34,000,000 for the Fiscal Months ending on July 31, 2006 through 27,500,000 September 30, 2006; 2007 $34,000,000 for the Fiscal Months ending on October 30, 2006 through 29,750,000 December 31, 2006; and 2007 $35,000,000 for each Fiscal Months ending thereafter.32,000,000 March 31, 2008 $33,250,000 June 30, 2008 $34,500,000 September 30, 2008 $35,750,000 December 31, 2008 $37,000,000

Minimum EBITDA. Borrower and its Subsidiaries on a consolidated basis shall have, at the end of each Fiscal Month set forth below, maintain EBITDA for the 12- month period then ended of not less than the following: $33,000,000 amounts shown opposite such fiscal quarter calculated on a rolling twelve-month basis (except as otherwise noted below), for the Fiscal Months each twelve-month period (except as otherwise noted below) ending on January the last day of each such fiscal quarter: Fiscal Quarter Ended Minimum EBITDA September 30, 2001 (9 month period) $ 3,500,000.00 December 31, 2006 through 2001 $ 2,600,000.00 March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through 2002 $ 2,600,000.00 June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through 2002 $ 2,650,000.00 September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through 2002 $ 2,865,000.00 December 31, 2006; 2002 and $35,000,000 for each Fiscal Months ending thereafter.thereafter $ 2,865,000.00

Minimum EBITDA. The Borrower and its Subsidiaries on a consolidated basis shall have, at as of the end last day of each Fiscal Month Quarter set forth below, Consolidated EBITDA for the 12- month period then ended four Fiscal Quarters ending on such day of not less than the following: $33,000,000 for the Fiscal Months ending on January FISCAL QUARTER ENDING MINIMUM EBITDA December 31, 2006 through $ 23,000,000 March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through 2007 $ 25,250,000 June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through 2007 $ 27,500,000 September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through 2007 $ 29,750,000 December 31, 2006; and $35,000,000 for each Fiscal Months ending thereafter.2007 $ 32,000,000 March 31, 2008 $ 33,250,000 June 30, 2008 $ 34,500,000 September 30, 2008 $ 35,750,000 December 31, 2008 $ 37,000,000

Minimum EBITDA. Borrower and its Subsidiaries on a consolidated basis shall have, at the end of each Fiscal Month set forth below, EBITDA for the 12- 12-month period then ended of not less than the following: $33,000,000 for the Fiscal Months Month ending on Minimum EBITDA December 31, 2004 $ 21,303,000 January 31, 2006 through 2005 $ 18,928,000 February 28, 2005 $ 18,264,000 March 31, 2006; $33,000,000 for the Fiscal Months ending on 2005 $ 18,228,000 April 30, 2006 through 2005 $ 18,451,000 May 31, 2005 $ 19,185,000 June 30, 2006; $34,000,000 for the Fiscal Months ending on 2005 $ 19,586,000 July 31, 2006 through 2005 $ 20,244,000 August 31, 2005 $ 21,221,000 September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through December 31, 2006; and $35,000,000 for each Fiscal Months ending thereafter.2005 $ 23,426,000

Minimum EBITDA. Borrower and its Subsidiaries on Maintain at all times a consolidated basis shall have, at minimum EBITDA (the end of each Fiscal Month set forth below, "EBITDA for the 12- month period then ended Requirements") of not less than the followingfollowing amounts at the following times: Minimum EBITDA: Fiscal Quarter Ending: $33,000,000 for the Fiscal Months ending on January 31, 2006 through March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 11,000,000 Closing Date through June 30, 20061999; $34,000,000 for the Fiscal Months ending on July 31, 2006 through 12,500,000 September 30, 20061999; $34,000,000 for the Fiscal Months ending on October 30, 2006 through 13,000,000 December 31, 20061999; and $35,000,000 for each Fiscal Months ending 14,500,000 March 31, 2000 and at all times thereafter.

Minimum EBITDA. Borrower and its Subsidiaries on a consolidated basis shall have, at the end of each Fiscal Month Quarter set forth below, EBITDA for the 12- 12-month period then ended of not less than the following: $33,000,000 for the Fiscal Months Quarter ending on January Minimum EBITDA September 30, 2003 $ 37,125,000 December 31, 2006 through 2003 35,628,000 March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through 2004 35,445,000 June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through 2004 35,379,000 September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through 2004 43,072,000 December 31, 2006; 2004 48,293,000 March 31, 2005 52,445,000 June 30, 2005 58,139,000 September 30, 2005 and $35,000,000 for each Fiscal Months Quarter ending thereafter.thereafter 62,000,000

Minimum EBITDA. Borrower Borrowers and its their Subsidiaries on a consolidated basis shall have, at the end of each Fiscal Month set forth below, have EBITDA for the 12- 12 month period then ended as of the following Fiscal Quarters of not less than the following: (i) $33,000,000 3,570,000 for the Fiscal Months Quarter ending on January or about September 30, 2003; (ii) $3,730,000 for the Fiscal Quarter ending on or about December 31, 2006 through 2003; and (iii) $3,740,000 for the Fiscal Quarter ending on or about March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through December 31, 2006; 2004 and $35,000,000 for each Fiscal Months Quarter ending thereafter.

Minimum EBITDA. Borrower shall not permit EBITDA at any time to be less than the corresponding amount set forth below, which shall be calculated and its Subsidiaries on a consolidated basis shall have, tested at the end of each Fiscal Month set forth below, Quarter on a trailing 4 Fiscal Quarter basis. Period EBITDA for the 12- month period then ended of not less than the following: $33,000,000 for the Fiscal Months ending on January 31, 2006 Closing Date through March 31, 2006; $33,000,000 for the Fiscal Months ending on April December 30, 2006 through June 30, 2006; $34,000,000 for the Fiscal Months ending on July 31, 2006 through September 30, 2006; $34,000,000 for the Fiscal Months ending on October 30, 2006 through 2013 $ 70,000,000 December 31, 2006; 2013 through December 30, 2014 $ 80,000,000 December 31, 2014 through December 30, 2015 $ 90,000,000 December 31, 2015 and $35,000,000 for each Fiscal Months ending thereafter.thereafter $ 100,000,000

Minimum EBITDA. The Borrower and its Subsidiaries on a consolidated basis shall have, at the end of each Fiscal Month set forth belowfiscal quarter hereafter, starting with the quarter ending December 31, 2015, an EBITDA for the 12- twelve-month period then then-ended of not less than $500,000.00. Beginning with the following: $33,000,000 for the Fiscal Months fiscal quarter ending on January 31, 2006 through March 31, 2006; $33,000,000 for the Fiscal Months ending on April 30, 2006 through June 30, 2006; $34,000,000 2016, Borrower shall have an EBITDA at the end of each fiscal quarter for the Fiscal Months ending on July 31, 2006 through September 30, 2006; twelve-month period then-ended of not less than $34,000,000 for the Fiscal Months ending on October 30, 2006 through December 31, 2006; and $35,000,000 for each Fiscal Months ending thereafter1,000,000.00.”