Except as set forth below, the Leverage Ratio used to determine the Applicable Rate during the period from and including any Financial Statement Delivery Date to but excluding the next Financial Statement Delivery Date shall be that in effect at the date of the balance sheet delivered on such first Financial Statement Delivery Date under Section 5.01(a) or (b); provided that # prior to the first Financial Statement Delivery Date after the Restatement Effective Date, the Applicable Rate shall be determined by reference to Category 3 and # if any financial statements required to have been delivered under Section 5.01(a) or (b) shall not have been delivered by the date required under such Section, the Applicable Rate shall, until such financial statements shall have been delivered, be determined by reference to Category 4.

Except as set forth below, the Leverage Ratio used to determine the Applicable Rate during the period from and including any Financial Statement Delivery Date to but excluding the next Financial Statement Delivery Date shall be that in effect at the date of the balance sheet delivered on such first Financial Statement Delivery Date under [Section 5.01(a) or (b)])]; provided that # prior to the first Financial Statement Delivery Date after the Restatement Effective Date, the Applicable Rate shall be determined by reference to Category 3 and # if any financial statements required to have been delivered under [Section 5.01(a) or (b)])] shall not have been delivered by the date required under such Section, the Applicable Rate shall, until such financial statements shall have been delivered, be determined by reference to Category 4.

Except as set forth below, the Leverage Ratio used to determine the Applicable Rate during the period from and including any Financial Statement Delivery Date to but excluding the next Financial Statement Delivery Date shall be that in effect at the date of the consolidated balance sheet of the Company delivered on such first Financial Statement Delivery Date under [Section 5.01(a) or 5.01(b)])]; provided that # prior to the first Financial Statement Delivery Date after the Restatement Effective Date, the Applicable Rate shall be determined by reference to Category 2 and # if any financial statements required to have been delivered under [Section 5.01(a) or 5.01(b)])], or any certificate required to have been delivered under [Section 5.01(c)], shall not have been delivered by the date required under such Section, the Applicable Rate shall, until such financial statements or certificate shall have been delivered, be determined by reference to Category 4.