Annuity Payments are paid in equal installments for a fixed number of years as shown in the Annuity Plan A table in the Contract Schedule. The number of years cannot be less than ten or more than thirty unless otherwise limited by applicable law.

“Fixed Charges” means, for any period of four consecutive fiscal quarters, # Consolidated Interest Expense plus # plus scheduled principal payments on Indebtedness actually made plus # the Fixed Charge RP Amount.

Fixed Charges. For any applicable period, an amount equal to # Total Interest Expense for such period plus # the aggregate amount of scheduled principal payments of Indebtedness (excluding balloon payments at maturity) required to be made during such period by the REIT Guarantor and its Subsidiaries on a consolidated basis plus # the dividends and distributions, if any, paid or required to be paid during such period on the Preferred Securities, if any, of the REIT Guarantor and its Subsidiaries (other than dividends paid in the form of capital stock) plus # the pro rata share of all Fixed Charges from any partially owned entity plus # the ground lease payments to the extent not otherwise included. When determining Fixed Charges with respect to the Series A Preferred Stock dividends and distributions, the quarterly dividend/distribution shall be calculated as incurred for the quarter as declared by the Board of Directors of the REIT Guarantor.

Fixed Interest Rates. Each Mortgage Loan bears interest at a rate that remains fixed throughout the remaining term of such Mortgage Loan, except in situations where default interest is imposed.

Fixed Payment Date. Within 60 days of January 1 of the calendar year elected by the Participant at the time of deferral. If a Participant has a Termination of Employment prior to the fixed payment date, such amount shall be paid on the earlier of: # within 60 days following January 1 in the tenth year following the year of the Termination of Employment, or # January 1 of the calendar year elected by the Participant at the time of deferral. The Plan Administrator will establish Plan Rules, procedures and limitations on establishing the number and times of the fixed payment dates available for Participants to elect.

If an Eligible Executive wishes to defer receipt of all or a portion of any Award for a fixed period of time (“Fixed Deferral Period”), then his/her Deferral Agreement relating to such Award shall specify that Fixed Deferral Period. Such Fixed Deferral Period shall not be less than three (3) years following # in the case of a deferral of all or a portion of a Gainsharing Award, the end of the Plan Year in which the Gainsharing Award will be earned and # in the case of a deferral of a Stock Award, the end of the Plan Year in which the last of the restrictions applicable to the Stock Award expires. In the case of a Stock Award as to which restrictions expire in installments, the Fixed Deferral Period must end on the same date for all installments. Notwithstanding the preceding provisions of this [Section 2.3], Eligible Executives may not elect a Fixed Deferral Period with respect to the deferral of any Performance-Based Stock Award.

Fixed Charge Ratio. The ratio of # EBITDA for a trailing twelve (12) month period to # Fixed Charges for a trailing twelve (12) month period.

“Fixed Charge Coverage Ratio” means the ratio of # Cash Flow for the fiscal quarter ended on the date of determination, to # all cash payments of principal and interest on Borrower’s debt during such period, including the principal and interest portion of all Capital Lease Obligations.

“Fixed Charges” means Consolidated Interest Expense for the period of four consecutive fiscal quarters ended on any date of determination, plus preferred dividends of Holdings accrued during such period, plus scheduled principal payments (excluding # balloon payments, # any scheduled principal payments of each Series of the Notes, and # amounts outstanding under the Bank Credit Agreement that are classified as current liabilities under GAAP, but only if no Default or Event of Default then exists under this Agreement or the Bank Credit Agreement) of Holdings and its Subsidiaries for the period of four consecutive fiscal quarters next succeeding such date of determination.

“Fixed Charge RP Amount” means # for the four consecutive fiscal quarter period ending on or about ​, the amount of Restricted Payments made during the fiscal quarter ending on or about ​, # for the four consecutive fiscal quarter period ending on or about ​, the aggregate amount of Restricted Payments made during the two consecutive fiscal quarter period ending on or about ​, # for the four consecutive fiscal quarter period ending on or about ​, the aggregate amount of Restricted Payments made during the three consecutive fiscal quarter period ending on or about ​ and # for the four consecutive fiscal quarter period ending on or about ​ and each four consecutive fiscal quarter period ending thereafter, the aggregate amount of Restricted Payments made during such four consecutive fiscal quarter period.