Common use of Capital Expenditure Limits Clause in Contracts

Capital Expenditure Limits. The Borrower shall not, and shall not permit any Subsidiary to, make or incur Capital Expenditures during each period set forth in the table below in excess of an aggregate amount for the Borrower and all Subsidiaries equal to the applicable Capital Expenditure Limit for such period. The term "Capital Expenditure Limit" means, for each period set forth in the table below, the sum of (a) the Dollar amount set forth in the table below opposite the applicable period (such Dollar amount as set forth for each such period herein the "Yearly Limit") plus (b) One Hundred percent (100%) of the portion of the Yearly Limit from the immediately preceding period which was not expended by the Borrower and the Subsidiaries in such preceding period (the amount calculated for any period under this clause (b), herein the "Carryover Amount"). In calculating compliance with this Section 10.6, (a) Capital Expenditures made in a period shall first be debited against the Yearly Limit for such period then debited against the Carryover Amount carried into such period, if any, from the preceding period pursuant to this Section 10.6, and (b) the aggregate amount of all payments due under a Capital Lease Obligation for the entire term thereof (excluding, however, the interest portion of capitalized lease payments) shall be considered expended in full on the date that the Capital Lease Obligation is entered into. ====================================== ========== Period Amount ====================================== ========== Calendar year ending December 31, 2000 $7,000,000 -------------------------------------- ---------- Each Fiscal Year thereafter $7,500,000 ====================================== ==========

Capital Expenditure Limits. The Borrower shall not, and shall not permit any Subsidiary to, make or incur Capital Expenditures during each period set forth in the table below in excess of an aggregate amount for the Borrower and all Subsidiaries equal to the applicable Capital Expenditure Limit for such period. The term "Capital Expenditure Limit" means, means for each period set forth in the table below, the sum of (a) the Dollar amount set forth in the table below opposite the applicable period (such Dollar amount as set forth for each such period herein the "Yearly Limit") plus (b) the lesser of (i) One Hundred percent (100%) of the portion of the Yearly Limit from the immediately preceding period which was not expended by the Borrower and the Subsidiaries for Capital Expenditures in such preceding period or (ii) Four Million Dollars ($4,000,000) (the amount calculated for any period under this clause (b), herein the "Carryover Amount"). Any Carryover Amount carried into either the 1998 or 1999 Fiscal Years may only used for the contemplated upgrade of Borrower's and the Subsidiaries' computer system. In calculating compliance with this Section 10.610.3, (a) Capital Expenditures made in a period shall first be debited against the Yearly Limit for such period then debited against the Carryover Amount carried into such period, if any, from the preceding period pursuant to this Section 10.610.3, and (b) the aggregate amount of all payments due under a Capital Lease Obligation for the entire term thereof (excluding, however, the interest portion of capitalized lease payments) shall be considered expended in full on the date that the Capital Lease Obligation is entered into. ====================================== ========================== Period Amount ====================================== ========================== Calendar year ending Closing Date through December 31, 2000 $7,000,000 -------------------------------------- ---------- 1997 $ 1,000,000 --------------------------------------------------------------- January 1, 1998 through December 31, 1998 $ 7,500,000 --------------------------------------------------------------- January 1, 1999 through December 31, 1999 $ 7,500,000 --------------------------------------------------------------- Each Fiscal Year thereafter $7,500,000 $ 5,000,000 ====================================== ==========================

Capital Expenditure Limits. The Borrower Parent shall not, and shall not permit any Subsidiary to, make or incur Capital Expenditures during each period set forth in the table below in excess of an aggregate amount for the Borrower Parent and all Subsidiaries equal to the applicable Capital Expenditure Limit for such period. The term "Capital Expenditure Limit" means, for each period set forth in the table below, the sum of (a) the Dollar amount set forth in the table below opposite the applicable period (such Dollar amount as set forth for each such period herein the "Yearly Limit") plus (b) One Hundred percent (100%) of the portion of the Yearly Limit from the immediately preceding period which was not expended by the Borrower Parent and the Subsidiaries in such preceding period (the amount calculated for any period under this clause (b), herein the "Carryover Amount"). In calculating compliance with this Section 10.6, (a) Capital Expenditures made in a period shall first be debited against the Yearly Limit for such period then debited against the Carryover Amount carried into such period, if any, from the preceding period pursuant to this Section 10.6, and (b) the aggregate amount of all payments due under a Capital Lease Obligation for the entire term thereof (excluding, however, the interest portion of capitalized lease payments) shall be considered expended in full on the date that the Capital Lease Obligation is entered into. ====================================== ============== Period Amount ====================================== Period Amount --------------------------------------------------- ------------------------------- Calendar year ending December 31 2000 $7,000,000 --------------------------------------------------- ------------------------------- Each Fiscal Year thereafter $7,500,000 ========== Calendar year ending December 31, 2000 $7,000,000 -------------------------------------- ---------- Each Fiscal Year thereafter $7,500,000 ========================================== ===============================

Capital Expenditure Limits. The Borrower shall not, and shall not permit any Subsidiary to, make or incur aggregate amount of all -------------------------- Capital Expenditures during each period of Borrower and its Subsidiaries (excluding trade-ins and excluding Capital Expenditures in respect of replacement assets to the extent funded with casualty insurance proceeds) will not exceed the amount set forth in the table below in excess of an aggregate amount for the Borrower and all Subsidiaries equal to the applicable Capital Expenditure Limit for such period. The term "Capital Expenditure Limit" means, for each period set forth in the table below, the sum of (a) the Dollar amount set forth in the table below opposite the applicable period (such Dollar amount as set forth for each such period herein the "Yearly Limit") plus (b) One Hundred percent (100%) of the portion of the Yearly Limit from the immediately preceding period which was not expended by the Borrower and the Subsidiaries in such preceding period (the amount calculated for any period under this clause (b), herein the "Carryover Amount"). In calculating compliance with this Section 10.6, (a) Capital Expenditures made in a period shall first be debited against the Yearly Limit for such period then debited against the Carryover Amount carried event that Borrower or any of its Subsidiaries enters into such period, if any, from the preceding period pursuant to this Section 10.6, and (b) the aggregate amount of all payments due under a Capital Lease Obligation or other contract with respect to fixed assets, for the entire term thereof (excluding, howeverpurposes of calculating Capital Expenditures under this subsection only, the interest portion amount of the Capital Lease or contract initially capitalized lease payments) on Borrower's or any Subsidiary's balance sheet prepared in accordance with GAAP shall be considered expended in full on the date that the Borrower or any of its Subsidiaries enters into such Capital Lease Obligation is entered intoor contract. ====================================== ========== Period Fiscal Year Ending Amount ====================================== ========== Calendar year ending December 31------------------ ------ January 30, 2000 $7,000,000 -------------------------------------- ---------- Each 1,750,000 January 29, 2001 $1,750,000 Permitted Capital Expenditures not made in Fiscal Year thereafter $7,500,000 ====================================== ==========1999 may be carried over for one year only to the next Fiscal Year; provided, however, any carried-over Capital Expenditure will be deemed used only after all otherwise Permitted Capital Expenditures for that Fiscal Year have been used. Notwithstanding anything herein to the contrary, on and after the Seventh Amendment Effective Date, each Capital Expenditure made with the proceeds of (i) a third-party financing (other than under this Agreement) on terms not less favorable to Borrower or any of its Subsidiaries, as applicable, than then-existing market terms, (ii) an equity offering of Borrower's securities in which any of the proceeds thereof are used for Capital Expenditures (in each of case (i) and (ii) to the extent of such proceeds so applied) or (iii) the gain realized on a sale of assets of Borrower (including securities held by Borrower) or any of its Subsidiaries, in each case to the extent the foregoing financing, equity offering or sale is permitted under this Agreement, shall not be subject to, or considered in the calculations of, the limitations of this subsection 6.4. --------------

Capital Expenditure Limits. The Borrower shall notDuring any Fiscal Year, and shall not permit any Subsidiary to, make or incur the -------------------------- aggregate amount of all Capital Expenditures during each period set forth in the table below in excess of an aggregate amount for the Borrower and all the Subsidiaries equal to will not exceed the applicable Capital Expenditure Limit for such periodFiscal Year; provided that, to the extent that a corresponding Equity Issuance -------- has been made by the Borrower equal to at least the amount of Internet Expenditures, those Internet Expenditures which would otherwise constitute capital expenditures will be deducted from Capital Expenditures for purposes of this Section 11.6. In addition, for the period beginning January 1, 2000 and ending June 30, 2000 the aggregate amount of all Capital Expenditures of the Borrower and the Subsidiaries will not exceed $1,500,000 unless a corresponding Equity Issuance has been made by the Borrower equal to at least the amount of such excess. The term "Capital Expenditure Limit" means, means the sum of the ------------------------- following: (i) for each period Fiscal Year set forth in the table below, the sum of (a) the Dollar amount Amount set forth in the table below opposite the applicable period Fiscal Year; --------------------------------------------------------------- Fiscal Year Dollar Amount --------------------------------------------------------------- 2000 $2,000,000 --------------------------------------------------------------- 2001 $1,000,000 --------------------------------------------------------------- 2002 $1,000,000 --------------------------------------------------------------- 2003 $1,000,000 --------------------------------------------------------------- 2004 $1,000,000 --------------------------------------------------------------- (such Dollar the amount as set forth determined in accordance with this clause (i) for each such period Fiscal Year is herein called the "Yearly Limit") plus (bii) One Hundred percent (100%) of the portion of the Yearly Limit ------------ ---- from the immediately preceding period Fiscal Year which was not expended by the Borrower and the Subsidiaries for Capital Expenditures in such preceding period Fiscal Year (the amount calculated for any period under this clause (b), herein the "Carryover Amount"). In calculating compliance with this Section 10.6the Carryover Amount for any ---------------- Fiscal Year, (a) the Yearly Limit applicable to the previous Fiscal Year shall be deemed to have been utilized first by any Capital Expenditures made in a period shall first be debited against the Yearly Limit for such period then debited against the Carryover Amount carried into such period, if any, from the preceding period pursuant to this Section 10.6, and (b) the aggregate amount of all payments due under a Capital Lease Obligation for the entire term thereof (excluding, however, the interest portion of capitalized lease payments) shall be considered expended in full on the date that the Capital Lease Obligation is entered into. ====================================== ========== Period Amount ====================================== ========== Calendar year ending December 31, 2000 $7,000,000 -------------------------------------- ---------- Each Fiscal Year thereafter $7,500,000 ====================================== ==========Year.