English to French Bus/Financial Law: Contract(s) Credit Agreement

Fixed Charge Coverage Ratio” means, for any Measurement Period (after giving pro forma effect to any acquisition or disposition by any Loan Party since the first day of such Measurement Period of any company or any business or any assets out of the ordinary course of business that is permitted under the terms of this Agreement, assuming such acquisition or disposition had been consummated as of the first day of such Measurement Period), the ratio of (a) EBITDA plus, solely with respect to the Fiscal Year ending December 31, 2006, an amount equal to €9,500,000 in respect of Capital Expenditures add-backs minus the sum of (i) Capital Expenditures plus (ii) cash taxes plus (iii) cash dividends to (b) the sum of (i) cash interest payable on, and amortization of debt discount in respect of, all Debt for Borrowed Money, the First Preferred Shares outstanding as of the date hereof and any Additional Preferred Shares plus (ii) principal amounts of all Debt for Borrowed Money (excluding principal owed under the Revolving Credit Facility, Swing Line Facility and Letter of Credit Facility) paid, in each case, by the Borrower and its Subsidiaries for or during such Measurement Period.