Common use of Senior Leverage Ratio Clause in Contracts

Senior Leverage Ratio. The Borrower will not permit the Senior Leverage Ratio as of the last day of any fiscal quarter ending on any date during any period set forth below to exceed the ratio set forth below opposite such period: PERIOD RATIO ------ ----- September 27, 1999 to and including September 30, 2000 4.25 to 1.00 October 1, 2000 to and including March 31, 2002 4.00 to 1.00 April 1, 2002 to and including March 31, 2003 3.75 to 1.00 April 1, 2003 to and including March 31, 2004 3.50 to 1.00 Thereafter 3.00 to 1.00

Senior Leverage Ratio. The Borrower Company will not permit the Senior Leverage Ratio as of the last day of any fiscal quarter ending on any date during any period set forth below to exceed the ratio set forth below opposite such period: PERIOD RATIO Period Ratio ------ ----- September 27, 1999 to and including September 30, 2000 4.25 to 1.00 October 1, 2000 to and including March 31, 2002 4.00 to 1.00 April 1, 2002 to and including March 31, 2003 3.75 to 1.00 April 1, 2003 to and including March December 31, 2003 3.50 to 1.00 January 1, 2004 to and including December 31, 2004 3.50 3.25 to 1.00 Thereafter thereafter 3.00 to 1.00

Senior Leverage Ratio. The Borrower will shall not permit the Senior Leverage Ratio calculated as of the last day of any fiscal quarter ending on any date Fiscal Quarter during any period of the periods set forth below for the twelve (12) fiscal month period ending on such date to exceed be greater than the ratio set forth below opposite for such period: PERIOD RATIO AMOUNT ------ ----- September 27------ July 1, 1999 to and including 2003 through September 30, 2000 4.25 to 1.00 2004 1.90 October 1, 2000 to and including March 312004 through September 30, 2002 4.00 to 1.00 April 2005 1.60 October 1, 2002 to and including March 312005 through September 30, 2003 3.75 to 1.00 April 2006 1.25 October 1, 2003 to 2006 and including March 31, 2004 3.50 to 1.00 Thereafter 3.00 to the last day of each Fiscal Quarter thereafter 1.00

Senior Leverage Ratio. The As of the last day of each fiscal quarter of the Borrower will occurring during the periods specified below, the Borrower shall not permit the Senior Leverage Ratio as of the last day of any the relevant fiscal quarter ending on any date during any period set forth below to exceed the ratio set forth below opposite such periodbe greater than or equal to: PERIOD RATIO ------ ----- September 27, 1999 to and including September 30, 2000 4.25 to 1.00 October 1, 2000 to and including March 31, 2002 SHALL NOT BE GREATER FROM AND INCLUDING TO AND INCLUDING THAN OR EQUAL TO 01/01/2000 09/30/2000 4.00 to 1.00 April 1, 2002 to and including March 31, 2003 1.0 10/01/2000 06/30/2001 3.75 to 1.00 April 1, 2003 to and including March 31, 2004 1.0 07/01/2OO1 at all times thereafter 3.50 to 1.00 Thereafter 3.00 to 1.001.0

Senior Leverage Ratio. The As of the last day of each fiscal quarter of the Borrower will ending on or about June 30th and December 31st of each year occurring during the periods specified below, the Borrower shall not permit the Senior Leverage Ratio as of the last day of any the relevant fiscal quarter ending on any to be greater than or equal to: RATIO SHALL NOT BE GREATER FROM AND INCLUDING TO AND INCLUDING THAN OR EQUAL TO the date during any period set forth below hereof 12/31/98 4.5 to exceed the ratio set forth below opposite such period: PERIOD RATIO ------ ----- September 27, 1999 1.0 01/01/99 06/30/99 4.0 to and including September 30, 2000 4.25 to 1.00 October 1, 2000 to and including March 31, 2002 4.00 to 1.00 April 1, 2002 to and including March 31, 2003 1.0 07/01/99 12/31/99 3.75 to 1.00 April 1, 2003 1.0 01/01/2000 at all times thereafter 3.5 to and including March 31, 2004 3.50 to 1.00 Thereafter 3.00 to 1.001.0

Senior Leverage Ratio. The Borrower will shall not permit the Senior Leverage Ratio as of the last day of any fiscal quarter ending on any date during any period Fiscal Quarter of the Borrower set forth below to exceed be greater than the ratio set forth below opposite such period: PERIOD RATIO ------ ----- September 27Fiscal Quarters Ending Maximum Senior Leverage Ratio December 31, 1999 to and including 2020 7.75:1:00 March 31, 2021 7.75:1:00 June 30, 2021 4.25:1:00 September 30, 2000 4.25 to 1.00 October 12021 3.75:1:00 December 31, 2000 to and including 2021 3.00:1.00 March 31, 2002 4.00 to 1.00 April 1, 2002 to 2022 and including March 31, 2003 3.75 to 1.00 April 1, 2003 to and including March 31, 2004 3.50 to 1.00 Thereafter 3.00 to 1.00the last day of each Fiscal Quarter ending thereafter 2.25:1:00

Senior Leverage Ratio. The Borrower will not permit the ---------------------- Senior Leverage Ratio as of the last any day of any fiscal quarter ending on any date during any period set forth below to exceed the ratio set forth below opposite such period: PERIOD RATIO Period Ratio ------ ----- September 27, 1999 to and including September 30, 2000 4.25 to 1.00 October November 1, 2000 2002, to and including March 31, 2002 4.00 to 1.00 April 1, 2002 to and including March January 31, 2003 3.75 9.00 to 1.00 April February 1, 2003 to and including March April 30, 2003 7.25 to 1.00 May 1, 2003 to July 31, 2004 3.50 2003 6.50 to 1.00 August 1, 2003 to October 31, 2003 6.00 to 1.00 Thereafter 3.00 to 1.00

Senior Leverage Ratio. The Borrower will not permit the Senior Leverage Ratio Ratio, determined as of the last day of any fiscal quarter ending on any date or during any period described in the table set forth below below, to exceed the ratio set forth below opposite such perioddate or period in such table: PERIOD RATIO Period Ratio ------ ----- September 27, 1999 to and including September 30, 2000 4.25 to 1.00 October 1, 2000 to and including March 31, 2002 4.00 to 1.00 April 1, 2002 to and including March 31, 2003 3.75 to 1.00 April 1, 2003 to and including March 31, 2004 3.50 to 1.00 3/01/00 - 2/28/01 5.00:1.00 3/01/01 - 8/31/01 4.75:1.00 9/01/01 - 2/28/02 4.50:1.00 Thereafter 3.00 to 1.003.50:1.00

Senior Leverage Ratio. The Borrower will not permit the Senior Leverage Ratio as (tested at the end of each fiscal quarter) to be greater than (a) 2.25 to 1.00 at the last day end of any fiscal quarter ending on any date occurring during any the period set forth below to exceed the ratio set forth below opposite such period: PERIOD RATIO ------ ----- September 27, 1999 to from and including December 31, 2001 through September 30, 2000 4.25 2003, (b) 2.20 to 1.00 October 1, 2000 to at the end of any fiscal quarter occurring during the period from and including March 31, 2002 4.00 to 1.00 April 1, 2002 to and including March December 31, 2003 3.75 through September 30, 2004, (c) 1.90 to 1.00 April 1, 2003 to at the end of any fiscal quarter occurring during the period from and including March December 31, 2004 3.50 through September 30, 2005 and (d) 1.50 to 1.00 Thereafter 3.00 to 1.00thereafter."

Senior Leverage Ratio. The Borrower will not On or after December 31, 2006, permit the Senior Leverage Ratio as of on the last day of any fiscal quarter ending on any date during any period set forth below to exceed be greater than the ratio set forth below opposite such periodperiod below: PERIOD RATIO ------ ----- September 2769 Period Ratio December 31, 1999 2006 5.50 to and including 1.00 March 31, 2007 5.50 to 1.00 June 30, 2007 5.75 to 1.00 September 30, 2000 2007 5.50 to 1.00 December 31, 2007 5.00 to 1.00 March 31, 2008 4.75 to 1.00 June 30, 2008 4.50 to 1.00 September 30, 2008 4.25 to 1.00 October 1December 31, 2000 2008 4.00 to and including 1.00 March 31, 2002 4.00 to 1.00 April 1, 2002 to and including March 2009 through December 31, 2003 3.75 to 1.00 April 1, 2003 to and including March 31, 2004 3.50 2009 3.25 to 1.00 Thereafter 3.00 to 1.00

Senior Leverage Ratio. The Borrower will not at any time --------------------- permit the its Senior Leverage Ratio as of to be greater than the ratio specified in the following table for the applicable period: Period Ratio ------ ----- From and including the date hereof to and including the last day of any the Borrowers third fiscal quarter ending on any date during any period set forth below to exceed the ratio set forth below opposite such period: PERIOD RATIO ------ ----- September 27, 1999 to and including September 30, 2000 4.25 of 2001 2.50 to 1.00 October 1, 2000 to Fourth fiscal quarter of 2001 and including March 31, first fiscal quarter of 2002 4.00 2.25 to 1.00 April 1, Second fiscal quarter of 2002 to and including March 31, 2003 3.75 2.00 to 1.00 April 1, 2003 to and including March 31, 2004 3.50 Third fiscal quarter of 2002 1.75 to 1.00 Thereafter 3.00 All times thereafter 1.50 to 1.00

Senior Leverage Ratio. The Borrower will not permit the Senior Leverage Ratio as of at the last day end of any fiscal quarter ending on any date to exceed, during any period set forth below the following time periods, the following respective ratios: CALENDAR YEAR QUARTERS ENDING MAXIMUM PERMITTED DURING THE FOLLOWING PERIODS SENIOR LEVERAGE RATIO January 1, 1997 through March 31,1997 2.30 to exceed the ratio set forth below opposite such period: PERIOD RATIO ------ ----- September 271.00 April 1, 1999 1997 through June 30, 1997 2.45 to and including 1.00 July 1, 1997 through September 30, 2000 4.25 1997 2.50 to 1.00 October 1, 2000 to and including March 1997 through December 31, 2002 4.00 1997 2.35 to 1.00 April January 1, 2002 to 1998 and including March 31, 2003 3.75 to 1.00 April 1, 2003 to and including March 31, 2004 3.50 to 1.00 Thereafter 3.00 at all times thereafter 2.20 to 1.00"

Senior Leverage Ratio. The Borrower will not permit the Senior Leverage Ratio as of the last day of any each fiscal quarter of the Borrower ending on any date during any period described in the table set forth below to exceed the ratio set forth below opposite such periodperiod in such table: PERIOD RATIO ------ ----- September 27, 1999 to and including September 30, 2000 4.25 to 1.00 October 1, 2000 to and including March 31, 2002 4.00 to 1.00 April 1, 2002 to and including March 31, 2003 3.75 to 1.00 April 1, 2003 to and including March 31, 2004 3.50 to 1.00 Period (inclusive of dates) Ratio Funding Date - 11/29/04 5.50:1.00 11/30/04 - 2/27/06 5.25:1.00 2/28/06 - 2/27/07 5.00:1.00 2/28/07 - 2/28/08 4.50:1.00 2/29/08 - 2/27/09 4.25:1.00 2/28/09 - 2/27/10 4.00:1.00 2/28/10 - 2/27/11 3.75:1.00 Thereafter 3.00 to 1.003.50:1.00

Senior Leverage Ratio. The Borrower will not permit the Senior Leverage Ratio as of the last day of any fiscal quarter ending on any date during any period set forth below to exceed the ratio set forth below opposite such period: PERIOD RATIO ------ ----- September 27date (or, 1999 if such date is not set forth below, the most recent of the dates set forth below): Period Ratio March 31, 2001 4.75 to and including 1.00 June 30, 2001 4.75 to 1.00 September 30, 2000 4.25 2001 4.50 to 1.00 October 1December 31, 2000 2001 3.75 to and including 1.00 March 31, 2002 4.00 to 1.00 April 1, 2002 to and including March 31, 2003 3.75 to 1.00 April 1, 2003 to and including March 31, 2004 3.50 to 1.00 Thereafter June 30, 2002 3.25 to 1.00 September 30, 2002 3.00 to 1.00 December 31, 2002 3.00 to 1.00 Each fiscal quarter end thereafter 3.00 to 1.00

Senior Leverage Ratio. The Borrower will not permit the Senior Leverage Ratio as of the last day of any fiscal quarter ending on any date during any period of the Borrower, to be greater than the ratio specified for such fiscal quarter in the table set forth below to exceed the ratio set forth below opposite such periodbelow: PERIOD RATIO ------ ----- September 27, 1999 to Senior From To and including September Including Leverage Ratio ---- ---------------- -------------- Closing Date June 30, 2000 1997 5.35 to 1.00 July 1, 1997 December 31, 1997 4.25 to 1.00 October January 1, 2000 to and including March 1998 December 31, 2002 1998 4.00 to 1.00 April January 1, 2002 to and including March 311999 June 30, 2003 1999 3.75 to 1.00 April July 1, 2003 to and including March 31, 2004 1999 Maturity Date 3.50 to 1.00 Thereafter 3.00 to 1.00

Senior Leverage Ratio. The Borrower Company will not permit the Senior Leverage Ratio as determined as of the last day end of any each fiscal quarter ending on any date during any period set forth below of the Company to exceed be greater than the applicable ratio set forth below opposite in the following table: If such periodfiscal quarter ends on: PERIOD RATIO ------ ----- September 27, 1999 to and including September 30, 2000 4.25 to 1.00 October 1, 2000 to and including March Applicable Ratio July 31, 2002 4.00 or November 3, 2002 1.25 to 1.00 April February 2, 2003, May 4, 2003, August 3, 2003 or November 2, 2003 0.75 to 1.00 February 1, 2002 to and including March 31, 2003 3.75 to 2004 or thereafter 1.00 April 1, 2003 to and including March 31, 2004 3.50 to 1.00 Thereafter 3.00 to 1.00

Senior Leverage Ratio. The Borrower will not permit the Senior Leverage Ratio as of the last day of any fiscal quarter ending on any date during any period the periods set forth below to exceed be greater than the ratio set forth below opposite such period: PERIOD RATIO ------ ----- Date Maximum Senior Leverage Ratio ---- ----------------------------- Closing through September 2729, 1999 4.50 to and including 1.00 September 30, 2000 1999 through December 30, 1999 4.25 to 1.00 October 1, 2000 to and including March 31, 2002 Thereafter 4.00 to 1.00 April 1, 2002 to and including March 31, 2003 3.75 to 1.00 April 1, 2003 to and including March 31, 2004 3.50 to 1.00 Thereafter 3.00 to : 1.00

Senior Leverage Ratio. The Borrower Borrowers will not permit the Senior Leverage Ratio as Ratio, determined for any period of four consecutive Fiscal Quarters ending on the last day of any fiscal quarter ending on any date during any each Fiscal Quarter, to be greater than (i) 4.00:1.00, for the period set forth below to exceed from Amendment No. 1 Effective Date until December 31, 2012, (ii) 3.75:1.00, for the ratio set forth below opposite such period: PERIOD RATIO ------ ----- September 27, 1999 to and including September 30, 2000 4.25 to 1.00 October period from January 1, 2000 to and including March 2013 until December 31, 2002 4.00 to 1.00 April 12013, 2002 to and including March 31(iii) 3.50:1.00, 2003 3.75 to 1.00 April 1, 2003 to and including March 31, 2004 3.50 to 1.00 Thereafter 3.00 to 1.00for each period thereafter.”

Senior Leverage Ratio. The Borrower will not permit the Senior Leverage Ratio as of the last day of any fiscal quarter ending on any date during any period set forth below to exceed the ratio set forth below opposite such period: PERIOD RATIO Period Ratio ------ ----- September 27, 1999 to and including September 30, 2000 4.25 to 1.00 October 1, 2000 to and including March 31, 2002 4.00 to 1.00 April 1, 2002 to and including March 31, 2003 3.75 to 1.00 April 1, 2003 to and including March 31, 2004 3.50 to 1.00 Thereafter 3.00 to 1.00

Senior Leverage Ratio. The Borrower will shall not permit the Senior Leverage Ratio Ratio, as of the last day of any fiscal quarter ending on any date of the Companies during any period set forth below the following periods, to exceed be greater than the ratio set forth below opposite such periodperiod below: PERIOD RATIO ------ ----- September 27, 1999 to and including Quarters ending Ratio September 30, 2000 4.25 2011 and December 31, 2011 4.75 to 1.00 October 1, 2000 to and including 1.0 March 31, 2002 2012 4.25 to 1.0 June 30, 2012 4.00 to 1.00 April 11.0 September 30, 2002 to 2012 and including March 31, 2003 3.75 to 1.00 April 1, 2003 to and including March 31, 2004 thereafter 3.50 to 1.00 Thereafter 3.00 to 1.001.0

Senior Leverage Ratio. The Borrower will not permit the Senior --------------------- Leverage Ratio as of the last day of any fiscal quarter ending on any date during any period the periods set forth below to exceed be greater than the ratio set forth below opposite such period: PERIOD RATIO ------ ----- Date Maximum Leverage Ratio ---- ---------------------- Closing through September 2730, 1999 4.50 to and including 1.00 December 31, 1999 through September 30, 2000 4.25 to 1.00 October 1, 2000 to and including March 31, 2002 Thereafter 4.00 to 1.00 April 1, 2002 to and including March 31, 2003 3.75 to 1.00 April 1, 2003 to and including March 31, 2004 3.50 to 1.00 Thereafter 3.00 to : 1.00

Senior Leverage Ratio. The Borrower Company will not permit the Senior Leverage Ratio as of the last day of any fiscal quarter ending on any date during any period set forth below to exceed the ratio set forth below opposite such period: PERIOD RATIO Period Ratio ------ ----- September 27, 1999 to and including September 30, 2000 4.25 to 1.00 October 1, 2000 to and including March 31, 2002 4.00 to 1.00 April 1, 2002 to and including March 31, 2003 through and including June 30, 3.75 to 1.00 April 2003 July 1, 2003 to through and including March December 31, 3.50 to 1.00 2003 January 1, 2004 through and including 3.25 to 1.00 December 31, 2004 3.50 to 1.00 Thereafter thereafter 3.00 to 1.00

Senior Leverage Ratio. The Borrower will shall not permit the Senior Leverage Ratio as of to be more than the last day following ratios at the end of any fiscal quarter ending on any date during any period set forth below to exceed the ratio set forth below opposite such periodtime during the following time periods: PERIOD RATIO Period Ratio ------ ----- September 27From the Closing Date through March 31, 1999 5.25 to and including September 301.00 From April 1, 1999 through March 31, 2000 4.25 5.00 to 1.00 October From April 1, 2000 through March 31, 2001 4.50 to and including 1.00 From April 1, 2001 through March 31, 2002 4.00 to 1.00 From April 1, 2002 to and including through March 31, 2003 3.75 ` 3.50 to 1.00 From April 1, 2003 to and including March 31, 2004 3.50 thereafter 3.00 to 1.00 Thereafter 3.00 to 1.00provided however,

Senior Leverage Ratio. The As of the last day of each fiscal quarter of the Borrower will ending during the relevant period set forth below, the Borrower shall not permit the Senior Leverage Ratio as of to be greater than the last day of any fiscal quarter ending on any date during any period set forth below to exceed the corresponding ratio set forth below opposite such period: PERIOD FISCAL QUARTER ENDING ON OR ABOUT SENIOR LEVERAGE RATIO ------ ----- September 27, 1999 SHALL NOT BE GREATER THAN: The Closing Date through 03/31/08 2.75 to 1.0 04/01/08 through 06/30/08 2.50 to 1.0 07/01/08 and including September 30, 2000 4.25 at all times thereafter 2.25 to 1.00 October 1, 2000 to and including March 31, 2002 4.00 to 1.00 April 1, 2002 to and including March 31, 2003 3.75 to 1.00 April 1, 2003 to and including March 31, 2004 3.50 to 1.00 Thereafter 3.00 to 1.001.0

Senior Leverage Ratio. The Borrower will not permit the Senior Leverage Ratio as of the last day of any fiscal quarter ending on any date during any the period set forth below to exceed be in excess of the ratio set forth below opposite such period: PERIOD RATIO ------ Fiscal Quarter Ending: Ratio: --------------------- ----- September April 28, 2000 2.00:1.0 July 28, 2000 2.00:1.0 October 27, 1999 to and including September 302000 2.00:1.0 January 26, 2000 4.25 to 1.00 October 12001 1.90:1.0 April 27, 2000 to and including March 312001 1.80:1.0 July 27, 2002 4.00 to 1.00 April 1, 2002 to and including March 31, 2003 3.75 to 1.00 April 1, 2003 to and including March 31, 2004 3.50 to 1.00 2001 1.70:1.0 Thereafter 3.00 to 1.001.50:1.0"

Senior Leverage Ratio. The Borrower will not permit the Senior Leverage Ratio as of the last day of any fiscal quarter ending on any date during any period the periods set forth below to exceed be greater than the ratio set forth below opposite such period: PERIOD RATIO ------ ----- September 27Maximum Senior Date Leverage Ratio ---- -------------- December 31, 1997 through December 31, 1998 2.50 : 1.00 January 1, 1999 to and including September 30, 2000 4.25 to 1.00 October 1, 2000 to and including March through December 31, 2002 4.00 to 1.00 April 1, 2002 to and including March 31, 2003 3.75 to 1.00 April 1, 2003 to and including March 31, 2004 3.50 to 1999 2.25 : 1.00 Thereafter 3.00 to 2.00 : 1.00

Senior Leverage Ratio. The Borrower will not permit the Senior Leverage Ratio as of the last day of any fiscal quarter ending on any date during any period the periods set forth below to exceed be greater than the ratio set forth below opposite such period: PERIOD RATIO ------ ----- September 27, 1999 to and including 9 Date Maximum Senior Leverage Ratio ---- ----------------------------- September 30, 2000 1999 through December 30, 1999 4.25 to 1.00 October 1, 2000 to and including March 31, 2002 4.00 to 1.00 April 1, 2002 to and including March 31, 2003 3.75 to 1.00 April 1, 2003 to and including March 31, 2004 3.50 to : 1.00 Thereafter 3.00 to 3.75 : 1.00

Senior Leverage Ratio. The Borrower will not permit the Senior Leverage Ratio as of the last day of any fiscal quarter ending on any date during any period set forth below to exceed the ratio set forth below opposite such period: PERIOD RATIO Period Ratio ------ ----- September 27February 11, 1999 2002 to and including September 30, 2000 4.25 to 1.00 October 1, 2000 to and including March 31, 2002 4.00 to 1.00 April 1, 2002 to and including March 31, 2003 3.75 to 1.00 April 1, 2003 to and including March 31, 2004 3.50 to 1.00 Thereafter 3.00 to 1.00

Senior Leverage Ratio. The (a) As of the end of any calendar quarter, and (b) at the time of any Advance hereunder (after giving effect to such Advance), the Borrower will shall not permit the its Senior Leverage Ratio as of to exceed the last day of any fiscal quarter ending on any date during any period ratios set forth below to exceed during the ratio set forth below opposite such periodperiods indicated: PERIOD RATIO Period Senior Leverage Ratio ------ ----- September 27---------------------- Agreement Date through 6.50:1 March 31, 1999 to and including April 1, 1999 through 6.00:1 September 30, 2000 4.25 to 1.00 1999 October 1, 2000 to and including 1999 through 5.50:1 March 31, 2002 4.00 to 1.00 2000 April 1, 2002 to 2000 and including March 31, 2003 3.75 to 1.00 April 1, 2003 to and including March 31, 2004 3.50 to 1.00 Thereafter 3.00 to 1.00thereafter 4.50:1

Senior Leverage Ratio. The Borrower Borrowers will not permit the Senior Leverage Ratio as Ratio, determined for any period of four consecutive Fiscal Quarters ending on the last day of any fiscal quarter ending on any date during any each Fiscal Quarter, to be greater than (i) 4.00:1.00, for the period set forth below to exceed the ratio set forth below opposite such period: PERIOD RATIO ------ ----- September 27, 1999 to from Amendment No. 1 Effective Date until and including Xxxxx 00, 0000, (xx) 4.00;1.00, for the period from the September 24, 2012 until June 30, 2000 4.25 to 1.00 October 2013, (iii) 3.75:1.00, for the period from July 1, 2000 to 2013 until December 29, 2013, and including March 31(iii) 3.50:1.00, 2002 4.00 to 1.00 April 1, 2002 to and including March 31, 2003 3.75 to 1.00 April 1, 2003 to and including March 31, 2004 3.50 to 1.00 Thereafter 3.00 to 1.00for each period thereafter.