“Consolidated Lease Adjusted Leverage to EBITDAR” means, for any four-quarter period ending on the date of measurement, the ratio of # Consolidated Total Debt to # Consolidated EBITDAR for such four-quarter period of the Borrower and its Consolidated Subsidiaries on a consolidated basis.

SECTION # Consolidated Lease Adjusted Leverage to EBITDAR Ratio

Consolidated EBITDAR ((3.a.(i) plus 3.a.(ii))

SECTION # Consolidated Lease Adjusted Leverage to EBITDAR Ratio. Commencing as of the end of the first Fiscal Quarter after the first date that the Used Commitment is equal to or greater than ​ and continuing as of each Fiscal Quarter ending thereafter, the Borrower and its Consolidated Subsidiaries shall not permit the Consolidated Lease Adjusted Leverage to EBITDAR Ratio to exceed 3.35 to 1.

“Consolidated EBITDAR” means, for any four-quarter period ending on the date of measurement, Consolidated EBITDA plus Rent Expense for such four-quarter period of the Borrower and its Consolidated Subsidiaries on a consolidated basis.

Consolidated Total Debt for such four-quarter period

EBITDAR Calculation:

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio as of the end of any fiscal quarter of the Parent Borrower to be greater than 4.0 to 1.0.

Permit the Consolidated Leverage Ratio as of the end of any fiscal quarter of the Borrowers ending during the Specified Covenant Periodafter the Restatement Date and prior to the date of a Qualified Note Offering to be greater than the ratio set forth below opposite such fiscal quarter:

Consolidated Leverage Ratio. Permit the Consolidated Leverage Ratio at any time during the term hereof and to be tested as of the end of each fiscal quarter (the “Test Date”), to be greater than 0.60 to 1.00; provided that # such ratio may exceed 0.60 to 1.00 from time to time so long as such ratio does not exceed 0.65 to 1.00 and such ratio ceases to exceed 0.60 to 1.00 within four fiscal quarters following the Test Date upon which such ratio first exceeds 0.60 to 1.00 (such four fiscal quarter period being the “Surge Period”), # the ​ shall be permitted to utilize the Surge Period holiday no more than two (2) times for the entirety of the term of the Delayed Draw Term Loan Facility, and # the Surge Period may only be utilized in conjunction with a Material Acquisition.