$ -
$ -
$ -
$ -
$ -
+Net income tax expense
$ -
$ -
$ -
$ -
$ -
+Total depreciation and amortization expense
$ -
$ -
$ -
$ -
$ -
+Consolidated Pre-Opening expenses
$ -
$ -
$ -
$ -
$ -
+Non-cash charges related to stock incentive plans
$ -
$ -
$ -
$ -
$ -
+Non-cash charges related to incentive based compensation
$ -
$ -
$ -
$ -
$ -
+Extraordinary items of expense incurred
$ -
$ -
$ -
$ -
$ -
+Non-recurring, non-cash expensesA
$ -
$ -
$ -
$ -
$ -
-Net income tax benefit
$ -
$ -
$ -
$ -
$ -
-Extraordinary items of income incurred
$ -
$ -
$ -
$ -
$ -
-Other non-cash items increasing net incomeB
$ -
$ -
$ -
$ -
$ -
+/- Pro forma basis adjustments
$ -
$ -
$ -
$ -
$ -
Consolidated EBITDA
$ -
$ -
$ -
$ -
$ -
Consolidated Leverage Ratio:
$ -
Consolidated Funded IndebtednessC
Consolidated EBITDA
Leverage Ratio
Maximum Ratio required (not to exceed)
3.00
Compliance (Yes/No)
Yes
(A) Non-recurring, non-cash expenses:
Total
$
(B) Non-Cash income summary:
Total
$
(C) Consolidated Funded Indebtedness:
$
Total
EXHIBIT E-1
FORM OF ASSIGNMENT AND ASSUMPTION
This Assignment and Assumption (this "Assignment and Assumption") is dated as of
the Effective Date set forth below and is entered into by and between
[the][each]2 Assignor identified is item 1 below ([the][each, an] "Assignor")
and [the][each]3 Assignee identified in item 2 below ([the][each, an]
"Assignee"). [It is understood and agreed that the rights and obligations of
[the Assignors][the Assignees] hereunder are several and not joint]. Capitalized
terms used but not defined herein shall have the meanings given to them in the
Credit Agreement identified below (the "Credit Agreement"), receipt of a copy of
which is hereby acknowledged by the Assignee. The Standard Terms and Conditions
set forth in Annex I attached hereto are hereby agreed to and incorporated
herein by reference and made a part of this Assignment and Assumption as if set
forth herein in full.
For an agreed consideration, [the][each] Assignor hereby irrevocably sells and
assigns to [the Assignee][the respective Assignees], and [the][each] Assignee
hereby irrevocably purchases and assumes from [the Assignor][the respective
Assignors], subject to and in accordance with the Standard Terms and Conditions
and the Credit Agreement, as of the Effective Date inserted by the
Administrative Agent as contemplated below (i) all of [the Assignor's][the
respective Assignors'] rights and obligations in [its capacity as a
Lender][their respective capacities as Lenders] under the Credit Agreement and
any other documents or instruments delivered pursuant thereto to the extent
related to the amount and percentage interest identified below of all of such
outstanding rights and obligations of [the Assignor][the respective Assignors]
under the respective facilities identified below (including, without limitation,
the Letters of