Common use of Capital Expenditure Limits Clause in Contracts

Capital Expenditure Limits. (a) Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during any Fiscal Year that exceed the amount set forth in the table below opposite the applicable Fiscal Year (the “Capex Limit”); provided, however, that the Capex Limit for each subsequent Fiscal Year referenced below (commencing with the 2010 Fiscal Year) will be increased, if at all, by the positive amount equal to the lesser of (i) 50% of the Capex Limit then in effect for the immediately preceding Fiscal Year (after giving effect to any increase pursuant to this provision), and (ii) the amount (if any), equal to the difference obtained by taking the Capex Limit then in effect for the immediately preceding Fiscal Year (after giving effect to any increase pursuant to this provision) minus the actual amount of any Capital Expenditures expended during such preceding Fiscal Year (the “Carry Over Amount”); provided, further, the Carry Over Amount for purposes of measuring compliance herewith for the 2009 Fiscal Year shall be deemed to be $0. Fiscal Year Capex Limit 2009 $ 57,500,000 2010 $ 50,000,000 2011 $ 55,000,000 2012 $ 55,000,000 2013 and each Fiscal Year thereafter $ 60,000,000

Capital Expenditure Limits. (a) Borrower Holdings and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during any Fiscal Year the following periods that exceed the amount aggregate amounts set forth in opposite each of such periods (the table below opposite the applicable "Capex Limit"): Period Maximum Capital Expenditures per Period Fiscal Year (the “Capex Limit”); 2007 $42,000,000 Fiscal Year 2008 and $50,000,000 each Fiscal Year thereafter provided, however, that the Capex Limit for each subsequent Fiscal Year referenced below (commencing with the 2010 Fiscal Year) above will be increased, if at all, increased in any period by the positive an amount equal to the lesser of (i) 50% of the Capex Limit then in effect for the immediately preceding Fiscal Year (after giving effect to any increase pursuant to this provision), and (ii) the amount (if any), equal to the difference obtained by taking the Capex Limit then in effect for the immediately preceding Fiscal Year prior period (after giving effect to excluding any increase pursuant to this provisionCapex Carry Over Amounts) minus the actual amount of any Capital Expenditures expended during such preceding Fiscal Year prior period (the “"Capex Carry Over Amount”"); provided, further, the Carry Over Amount and for purposes of measuring compliance herewith for herewith, the 2009 Fiscal Year Capex Carry Over Amount shall be deemed to be $0. the last amount spent on Capital Expenditures in that succeeding period; provided further that (i) the Capex Limit for Fiscal Year 2008 shall be reduced by the positive difference, if any, between (A) the actual amount of Capital Expenditures expended during Fiscal Year 2007 minus (B) the Capex Limit 2009 $ 57,500,000 2010 $ 50,000,000 2011 $ 55,000,000 2012 $ 55,000,000 2013 and each for Fiscal Year thereafter $ 60,000,0002007 and (ii) that the Capex Carry Over Amount for any Fiscal Year shall not exceed $10,000,000."

Capital Expenditure Limits. (a) Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during any Fiscal Year that exceed the amount set forth in the table below opposite the applicable Fiscal Year (the “Capex Limit”); provided, however, that the Capex Limit for each subsequent Fiscal Year referenced below (commencing with the 2010 Fiscal Year) above will be increased, if at all, increased in any period by the positive amount equal to the lesser of (i) 5025% of the Capex Limit then in effect for the immediately preceding Fiscal Year (after giving effect to any increase pursuant to this provision)prior period, and (ii) the amount (if any), equal to the difference obtained by taking the Capex Limit then in effect for the immediately preceding Fiscal Year (after giving effect to any increase pursuant to this provision) minus the actual amount of any Capital Expenditures expended during such preceding Fiscal Year prior period (the “Carry Over Amount”), and for purposes of measuring compliance herewith, the Carry Over Amount shall be deemed the last amount spent on Capital Expenditures in that succeeding period; provided, further, the Carry Over Amount for purposes of measuring compliance herewith for the 2009 2005 Fiscal Year shall be deemed to be $0. Fiscal Year Capex Limit 2005 $ 22,000,000 2006 $ 24,000,000 2007 $ 26,000,000 2008 $ 28,000,000 2009 $ 57,500,000 2010 $ 50,000,000 2011 $ 55,000,000 2012 $ 55,000,000 2013 and each Fiscal Year thereafter $ 60,000,00030,000,000

Capital Expenditure Limits. (a) Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during any Fiscal Year that exceed the amount set forth in the table below opposite the applicable Fiscal Year (the “Capex Limit”); provided, however, that the Capex Limit for each subsequent Fiscal Year referenced below (commencing with the 2010 Fiscal Year) will be increased, if at all, by the positive amount equal to the lesser of (i) 50% of the Capex Limit then in effect for the immediately preceding Fiscal Year (after giving effect to any increase pursuant to this provision), and (ii) the amount (if any), equal to the difference obtained by taking the Capex Limit then in effect for the immediately preceding Fiscal Year (after giving effect to any increase pursuant to this provision) minus the actual amount of any Capital Expenditures expended during such preceding Fiscal Year (the “Carry Over Amount”); provided, further, the Carry Over Amount for purposes of measuring compliance herewith for the 2009 Fiscal Year shall be deemed to be $0. Fiscal Year Capex Limit 2009 $ 57,500,000 60,000,000 2010 $ 50,000,000 60,000,000 2011 $ 55,000,000 60,000,000 2012 $ 55,000,000 60,000,000 2013 and each Fiscal Year thereafter $ 60,000,00065,000,000

Capital Expenditure Limits. (a) Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during any Fiscal Year that exceed the amount set forth in the table below opposite the applicable Fiscal Year (the “Capex Limit”); provided, however, that the Capex Limit for each subsequent Fiscal Year referenced below (commencing with the 2010 2013 Fiscal Year) will be increased, if at all, by the positive amount equal to the lesser of (i) 50% of the Capex Limit then in effect for the immediately preceding Fiscal Year (after giving effect to any increase pursuant to this provision), and (ii) the amount (if any), equal to the difference obtained by taking the Capex Limit then in effect for the immediately preceding Fiscal Year (after giving effect to any increase pursuant to this provision) minus the actual amount of any Capital Expenditures expended during such preceding Fiscal Year (the “Carry Over Amount”); provided, further, the Carry Over Amount for purposes of measuring compliance herewith for the 2009 2012 Fiscal Year shall be deemed to be $0. Fiscal Year Capex Limit 2009 $ 57,500,000 2010 $ 50,000,000 2011 $ 55,000,000 2012 $ 55,000,000 75,000,000 2013 and each Fiscal $ 80,000,000 Year thereafter $ 60,000,000thereafter