Common use of Maximum Capital Expenditures Clause in Contracts

Maximum Capital Expenditures. Borrowers and their Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period ------ --------------------------------------- Fiscal Year 2001 $3,500,000 Fiscal Year 2002 $3,500,000 Fiscal Year 2003 $3,500,000

Maximum Capital Expenditures. Borrowers and their Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period ------ --------------------------------------- Fiscal Year 2001 $3,500,000 8,900,000 Fiscal Year 2002 $3,500,000 7,500,000 Fiscal Year 2003 $3,500,00011,000,000

Maximum Capital Expenditures. Borrowers and their Subsidiaries The Credit Parties on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Period Expenditures per Period ------ --------------------------------------- Fiscal Year 2001 $3,500,000 ending in January 2004 $ 10,000,000 Fiscal Year 2002 $3,500,000 ending in January 2005 $ 6,000,000 Each Fiscal Year 2003 thereafter $3,500,00010,000,000”

Maximum Capital Expenditures. Borrowers Borrower and their its Subsidiaries on a consolidated basis shall not make any Capital Expenditures that would cause Capital Expenditures during the following periods that exceed to exceed, in the aggregate aggregate, the amounts set forth opposite each of such periodsperiod: Period Maximum Capital Expenditures per for Period ------ --------------------------------------- Fiscal Year 2001 ending December 31, 2006 $3,500,000 35,000,000 Fiscal Year 2002 ending December 31, 2007 $3,500,000 Fiscal Year 2003 $3,500,00020,000,000

Maximum Capital Expenditures. Borrowers Commencing with Fiscal Year 2006, Borrower and their its Subsidiaries on a consolidated basis shall not make Capital Expenditures (other than Capital Expenditures made by the Borrower that are financed entirely with the proceeds of CapEx Loans) during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per ------ Period ------ --------------------------------------- Fiscal Year 2001 2006 $3,500,000 45,000,000 Fiscal Year 2002 2007 $3,500,000 50,000,000 Each Fiscal Year 2003 thereafter $3,500,00040,000,000

Maximum Capital Expenditures. Borrowers and their Subsidiaries on ---------------------------- a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period ------ ------- --------------------------------------- Fiscal Year 2001 From and including the Closing Date to 12/31/00 $3,500,000 Fiscal Year 2002 17,160,000 1/1/01 to 12/31/01 $3,500,000 Fiscal Year 2003 21,840,000 1/1/02 to 12/31/02 $3,500,00019,320,000 1/1/03 to 12/31/03 $17,400,000 1/1/04 to 12/31/04 and thereafter $17,400,000

Maximum Capital Expenditures. Borrowers Borrower and their its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Fiscal Year Ending Capital Expenditures per Period ------ --------------------------------------- Fiscal Year 2001 ------------------ -------------------- December 31, 1999 $3,500,000 Fiscal Year 2002 4,900,000 December 31, 2000, and thereafter $3,500,000 Fiscal Year 2003 $3,500,0003,000,000

Maximum Capital Expenditures. Borrowers Borrower and their its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period ------ --------------------------------------- Fiscal Year Seven month period commencing June 1, 2001 and ending on December 31, 2001 $3,500,000 9,000,000 Fiscal Year 2002 $3,500,000 8,000,000 Fiscal Year 2003 $3,500,0008,000,000 Six-month period commencing January 1, 2004 and ending on June 30, 2004 $5,000,000

Maximum Capital Expenditures. Borrowers Borrower and their its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures Period per Period ------ --------------------------------------- ---------------------------- Fiscal Year 2001 ending on or about March 31, 2004 $3,500,000 2,500,000 Fiscal Year 2002 $3,500,000 ending on or about March 31, 2005 and each Fiscal Year 2003 ending thereafter $3,500,0002,000,000

Maximum Capital Expenditures. Borrowers Details and their its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period ------ --------------------------------------- ---------------------------- Fiscal Year 2001 $3,500,000 ending 12/31/07 and each Fiscal Year 2002 thereafter $3,500,000 Fiscal Year 2003 $3,500,00013,000,000

Maximum Capital Expenditures. Borrowers and their Subsidiaries on a consolidated basis shall not make Capital Expenditures during in excess of the following periods that exceed in the aggregate the amounts set forth opposite for each of such periodsthe following Fiscal Years on a non-cumulative basis: Period Maximum Capital Expenditures per Period ------ --------------------------------------- Fiscal Year Amount ----------- ---------- 1999 $ 500,000 2000 $ 750,000 2001 and each $3,500,000 1,000,000 Fiscal Year 2002 $3,500,000 Fiscal Year 2003 $3,500,000thereafter

Maximum Capital Expenditures. Borrowers Borrower and their its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods, unless otherwise agreed to in writing by Lender: Period Maximum Capital Expenditures per Period ------ --------------------------------------- Fiscal Year 2001 $3,500,000 ending 1/31/98 $ 145,000 Fiscal Year 2002 $3,500,000 ending 1/30/99 $ 400,000 Fiscal Year 2003 ending 1/29/00 $3,500,0001,100,000

Maximum Capital Expenditures. Borrowers and their Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period ------ --------------------------------------- Each Fiscal Year 2001 $3,500,000 commencing with the Fiscal Year 2002 ending $3,500,000 Fiscal Year 2003 $3,500,0006,000,000 March 31, 2000.

Maximum Capital Expenditures. Borrowers Borrower and their its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period ------ --------------------------------------- PERIOD MAXIMUM CAPITAL EXPENDITURES Fiscal Year 2000 $2,100,000 Fiscal Year 2001 $3,500,000 2,500,000 Fiscal Year 2002 $3,500,000 2,500,000 Fiscal Year 2003 $3,500,0002,500,000 Fiscal Year 2004 and each $2,500,000 Fiscal Year thereafter

Maximum Capital Expenditures. Borrowers Borrower and their its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period ------ --------------------------------------- Fiscal Year ending December 31, 2000 $7,000,000 Fiscal Year ending December 31, 2001 $3,500,000 7,000,000 Fiscal Year ending December 31, 2002 $3,500,000 7,000,000 Fiscal Year ending December 31, 2003 $3,500,0008,000,000 Fiscal Year ending December 31, 2004 $8,000,000 Each Fiscal Year thereafter $8,000,000