Common use of Capital Expenditure Limits Clause in Contracts

Capital Expenditure Limits. Holdings and 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 (the “Capex Limit”): Period Maximum Capital Expenditures per Period Closing Date through Fiscal Year ending December 31, 2006 $ 1,000,000 Each Fiscal Year ending thereafter $ 1,250,000 ;provided, however, that commencing with Fiscal Year 2007, the Capex Limit referenced above will be increased in any period by the positive amount equal to the lesser of (i) 50% of the Capex Limit for the immediately prior period, and (ii) the amount (if any), equal to the difference obtained by taking the Capex Limit minus the actual amount of any Capital Expenditures expended during such prior period (the “Carry Over Amount”), and for purposes of measuring compliance herewith, the Carry Over Amount shall be deemed to be the last amount spent on Capital Expenditures in that succeeding period.

Capital Expenditure Limits. Holdings and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during any of the following periods that exceed in the aggregate the amounts amount set forth opposite each of such periods period (the “Capex Limit”): Period Maximum Capital Expenditures per Period Closing Date through For Fiscal Year ending December 31June 30, 2006 $ 1,000,000 Each and each Fiscal Year ending thereafter $ 1,250,000 ;16,500,000 ; provided, however, that commencing with the Fiscal Year ending June 30, 2007, the Capex Limit referenced above will be increased in any period by the positive amount equal to the lesser of (i) 50100% of the Capex Limit for the immediately prior period, and (ii) period less the amount (if any), equal to the difference obtained by taking the Capex Limit minus the actual amount of any Capital Expenditures expended during in such immediately prior period (the “Carry Over Amount”), and for purposes of measuring compliance herewith, the Carry Over Amount shall be deemed to be the last amount spent on Capital Expenditures in that succeeding period.