Tier 3

Tier 3. A Relevant Consolidated Leverage Ratio that is greater than 7.25:1 but not greater than 8.00:1 (unless the Company made a Restricted Payment during the calendar month ending on the date as of which such Relevant Consolidated Ratio was determined, in which case it means a Relevant Consolidated Leverage Ratio that is greater than 6.25:1 but not greater than 7.00:1).