Common use of Minimum EBITDA Clause in Contracts

Minimum EBITDA. Achieve EBITDA, measured on a quarter-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period $105,000,000 For the 12 month period ending March 31, 2013 and for the 12 month period ending on the last day of each calendar quarter thereafter

Minimum EBITDA. Achieve EBITDA, measured on a quartermonth-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Period Applicable Amount Applicable Period $105,000,000 For the 12 month periods ending August 31, 2005 and September 30, 2005 $ 44,000,000 For the 12 month period ending March 31, 2013 and for the 12 each month period ending on the last day of each calendar quarter thereafterthereafter $ 45,000,000

Minimum EBITDA. Achieve EBITDA, measured on a quarter-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period $105,000,000 $ 3,000,000 For the 12 twelve month period ending December 31, 2013 $ 5,000,000 For the twelve month period ending March 31, 2013 2014 and for the 12 month period ending on the last day of each calendar quarter thereafter

Minimum EBITDA. Achieve EBITDA, measured on a quarter-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Minimum EBITDA Applicable Period $105,000,000 3,750,000 For the 12 month one quarter period ending March 31, 2013 and for 2020 $4,850,000 For the 12 month two quarter period ending on June 30, 2020 $5,950,000 For the last day of each calendar three quarter thereafterperiod ending September 30, 2020

Minimum EBITDA. Achieve EBITDA, measured on a fiscal quarter-end basis, of at least not less than the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period $105,000,000 18,190,000 For the 12 month period ending March 31April 30, 2013 and for 2003 $20,060,000 For the 12 month period ending on July 31, 2003 $18,020,000 For the last day of each calendar quarter thereafter12 month period ending October 31, 2003 $17,170,000 For the 12 month period ending January 31, 2004”

Minimum EBITDA. Achieve EBITDA, measured on a quartermonth-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period $105,000,000 $ 4,177,000 For the 12 2 month period ending March 31April 30, 2013 and for 2008 $ 8,310,000 For the 12 3 month period ending on May 31, 2008 $ 12,628,000 For the last day of each calendar quarter thereafter4 month period ending June 30, 2008 $ 17,432,000 For the 5 month period ending July 31, 2008 $ 23,805,000 For the 6 month period ending August 31, 2008

Minimum EBITDA. Achieve Cause to be maintained minimum EBITDA, measured on a quarter-end basisquarterly, of at least the applicable amount required amount as set forth in the following table table, for the each applicable period set forth opposite theretoperiod: Applicable Period Applicable Amount Applicable Period $105,000,000 For the 12 twelve month period ending March 31June 30, 2013 and for 2014 $3,000,000 For the 12 twelve month period ending on September 30, 2014 $5,000,000 For the last day of each calendar quarter thereaftertwelve month period ending December 31, 2014 and thereafter $8,000,000

Minimum EBITDA. Achieve Fail to maintain or achieve EBITDA, measured on a quartermonth-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period $105,000,000 An amount determined equal to the EBITDA set forth for the relevant period as set forth in the Projections delivered For the 12 month period ending March July 31, 2013 2011 and for the 12 month period ending on the last day of each calendar quarter month thereafter. pursuant to Section 6.3(c) minus $1,500,000.

Minimum EBITDA. Achieve EBITDA, measured on a quartermonth-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period $105,000,000 2,000,000 For the 9 month period ending September 30, 2016 $2,000,000 For the 10 month period ending October 31, 2016 $2,250,000 For the 11 month period ending November 30, 2016 $2,500,000 For the 12 month period ending March December 31, 2013 2016, and for the each 12 month period ending on the last day of each calendar quarter month thereafter

Minimum EBITDA. Achieve Permit EBITDA, measured on a quartercalendar month-end basis, of at least to be less than the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period $105,000,000 439,600 For the 12 calendar month period ending March October 31, 2013 and for 2008 $540,700 For the 12 calendar month period ending on November 30, 2008 $577,800 For the last day of each calendar quarter thereaftermonth ending December 31, 2008

Minimum EBITDA. Achieve EBITDA, measured on a fiscal quarter-end basis, of at least not less than the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period $105,000,000 18,000,000 For the 12 month period ending March September 30, 2002 $14,000,000 (or, if ClimaChem does not consummate the sale of Slurry by December 31, 2013 and for 2002, $12,000,000) For the 12 month period ending on the last day of each calendar quarter thereafterDecember 31, 2002

Minimum EBITDA. Achieve EBITDA, measured on a fiscal quarter-end basis, of at least not less than the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period $105,000,000 12,290,129 For the 12 month period ending March 31, 2013 and for 2003 $13,353,750 For the 12 month period ending on June 30, 2003 $13,532,466 For the last day of each calendar quarter thereafter12 month period ending September 30, 2003 $12,548,700 For the 12 month period ending December 31, 2003

Minimum EBITDA. Achieve EBITDA, measured on a quarter-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period $105,000,000 For 4,580,000 the 12 month period ending March 3130, 2013 and for 2008 $5,610,000 the 12 month period ending on June 29, 2008 $6,260,000 the last day of each calendar quarter thereafter12 month period ending September 28, 2008 $7,810,000 the 12 month period ending December 28, 2008

Minimum EBITDA. Achieve Cause to be maintained minimum EBITDA, measured on a quarter-end basisquarterly, of at least the applicable amount required amount as set forth in the following table table, for the each applicable period set forth opposite theretoperiod: Applicable Period Applicable Amount Applicable Period $105,000,000 For the 12 twelve month period ending June 30, 2014 $3,000,000 For the twelve month period ending September 30, 2014 $5,000,000 For the twelve month period ending December 31, 2014 $8,000,000 For the twelve month period ending March 31, 2013 2015, and for the 12 month period ending on the last day of each calendar quarter thereafterthereafter $8,000,000

Minimum EBITDA. Achieve EBITDA, measured on a fiscal quarter-end basis, of at least not less than the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period $105,000,000 $ 376,000 For the 3 month period ending March 31, 2004 $ 1,664,000 For the 6 month period ending June 30, 2004 $ 2,962,000 For the 9 month period ending September 30, 2004 $ 4,162,000 For the 12 month period ending March December 31, 2013 and for the 12 month period ending on the last day of each calendar quarter thereafter2004

Minimum EBITDA. Achieve EBITDA, measured on a fiscal quarter-end basis, of at least shall not be less than the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period N/A For the 3 month period ending March 31, 2003 ($105,000,000 368,880) For the 6 month period ending June 30, 2003 $1,979,120 For the 9 month period ending September 30, 2003 $3,577,840 For the 12 month period ending March December 31, 2013 and for the 12 month period ending on the last day of each calendar quarter thereafter2003

Minimum EBITDA. Achieve EBITDA, measured on a fiscal quarter-end basis, of at least not less than the required amount set forth in the following table for the applicable period set forth opposite thereto: ; Applicable Amount Applicable Period $105,000,000 3,680,000 For the 3 month period ending September 30, 2002 $8,048,000 For the 6 month period ending December 31, 2002 $12,779,000 For the 9 month period ending March 31, 2003 $17,695,000 For the 12 month period ending March 31June 30, 2013 and for 2003 $19,402,000 For the 12 month period ending on the last day of each calendar fiscal quarter thereafter

Minimum EBITDA. Achieve EBITDA, measured on a quartermonth-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period $105,000,000 2,000,000 For the 9 month period ending September 30, 2016 $2,000,000 For the 10 month period ending October 31, 2016 $2,250,000 For the 11 month period ending November 30, 2016 Applicable Amount Applicable Period $2,500,000 For the 12 month period ending March December 31, 2013 and for 2016 $17,850,000 For the 12 month period ending on the last day of January 31, 2017, and for each calendar quarter 12 month period ending each month thereafter

Minimum EBITDA. Achieve EBITDA, measured on a quartermonth-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Period Applicable Amount Applicable Period $105,000,000 For the 12 month periods ending July 31, 2006 and August 31, 2006 $ 45,000,000 For the 12 month period ending March 31, 2013 and for the 12 each month period ending on the last day of each calendar quarter thereafterthereafter $ 55,000,000

Minimum EBITDA. Achieve EBITDA, measured on a quartermonth-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period $105,000,000 $ 1,200,000 For the 3 month period ending December 31, 2004 $ 2,100,000 For the 6 month period ending March 31, 2005 $ 5,500,000 For the 9 month period ending June 30, 2005 $ 9,000,000 For the 12 month period ending March 31September 30, 2013 and for 2005 $ 11,700,000 For the 12 month period ending on the last day of December 31, 2005 and each calendar quarter month thereafter

Minimum EBITDA. Achieve EBITDA, measured on a fiscal quarter-end basis, of at least not less than the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period $105,000,000 19,120,000 For the 12 month period ending March 31April 30, 2013 and for 2004 $21,280,000 For the 12 month period ending on July 31, 2004 $22,000,000 For the last day of each calendar quarter thereafter12 month period ending October 31, 2004 $24,720,000 For the 12 month period ending January 31, 2005”

Minimum EBITDA. Achieve EBITDA, measured on a quartermonth-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period $105,000,000 (92,500,000) For the 12 month period ending December 31, 2005 $(80,500,000) For the 12 month period ending March 31, 2013 and for 2006 $(61,500,000) For the 12 month period ending on June 30, 2006 $(31,000,000) For the last day of each calendar quarter thereafter12 month period ending September 30, 2006”

Minimum EBITDA. Achieve EBITDA, measured on a quarter-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period ($105,000,000 1,250,000) For the 12 four month period ending December 31, 2014 ($600,000) For the seven month period ending March 31, 2013 and for 2015 $0 For the 12 ten month period ending June 30, 2015 $600,000 For the twelve month period ending September 30, 2015 $2,700,000 For each quarter ending thereafter as calculated on the last day of each calendar quarter thereaftera trailing twelve month basis

Minimum EBITDA. Achieve EBITDA, measured on a quarter-end trailing three (3) month basis, of at least not less than the required amount amounts set forth in below during the following table for the applicable period periods set forth opposite theretobelow: Applicable Amount Applicable Period $105,000,000 Minimum EBITDA For the 12 month period 3 months ending March 31, 2013 2006 $208,422 For 3 months ending June 30, 2006 $440,570 For 3 months ending September 30, 2006 $768,503 For 3 months ending December 31, 2006 and for the 12 month period ending on the last day of each calendar quarter thereafter3 month period thereafter $1,158,307

Minimum EBITDA. Achieve EBITDA, measured on a quarter-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period $105,000,000 <105,000,000>120,000,000 For the 12 month period ending March 31, 2013 and for the 12 month period ending on the last day of each calendar quarter thereafter

Minimum EBITDA. Achieve EBITDA, measured on a fiscal quarter-end basis, of at least not less than the required amount set forth in the following table for the applicable period set forth opposite thereto: ; Applicable Amount Applicable Period $105,000,000 17,000,000 For the 12 month period ending March 31June 30, 2013 and for 2002 $18,000,000 For the 12 month period ending on September 30, 2002 $16,000,000 For the last day of each calendar quarter thereafter12 month period ending December 31, 2002

Minimum EBITDA. Achieve EBITDA, measured on a quarter-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period $105,000,000 8,000,000 For the 12 month 4 quarter period ending December 31, 2012 $8,500,000 For the 4 quarter period ending March 31, 2013 $8,500,000 For the 4 quarter period ending June 30, 2013 $10,000,000 For the 4 quarter period ending September 30, 2013 $13,000,000 For the 4 quarter period ending December 31, 2013 and for the 12 month 4 quarter period ending on the last day of each calendar quarter thereafter

Minimum EBITDA. Achieve EBITDA, measured on a fiscal quarter-end basis, of at least not less than the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period $105,000,000 (3,500,000) For the 12 month period ending March 31, 2013 and for 2003 $(1,900,000) For the 12 month period ending June 30, 2003 $(750,000) For the 12 month period ending September 30, 2003 $300,000 For the 12 month period ending December 31, 2003 $2,450,000 For the 12 month period ending on the last day of each calendar fiscal quarter thereafter”

Minimum EBITDA. Achieve EBITDA, measured on a fiscal quarter-end basis, of at least not less than the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period $105,000,000 $ 22,880,000 For the 12 month period ending March 31April 30, 2013 and for 2005 $ 23,680,000 For the 12 month period ending on July 31, 2005 $ 24,240,000 For the last day of each calendar quarter thereafter12 month period ending October 31, 2005 $ 24,320,000 For the 12 month period ending January 31, 2006"

Minimum EBITDA. Achieve EBITDA, measured on a fiscal quarter-end basis, of at least not less than the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period $105,000,000 (2,500,000) For the 3 month period ending December 31, 2003 $2,991,000 For the 3 month period ending March 31, 2004 $5,423,000 For the 3 month period ending June 30, 2004 $5,389,000 For the 3 month period ending September 30, 2004 $19,402,000 For the 12 month period ending March 31, 2013 and for the 12 month period ending on the last day of each calendar fiscal quarter thereafter

Minimum EBITDA. Achieve EBITDA, measured on a fiscal quarter-end basis, of at least not less than the required amount set forth in the following table for the applicable period set forth opposite thereto: ; Applicable Amount Applicable Period $105,000,000 12,290,129 For the 12 month period ending March 31, 2013 and for 2003 $13,353,750 For the 12 month period ending on June 30, 2003 $13,532,466 For the last day of each calendar quarter thereafter12 month period ending September 30, 2003