Common use of Consolidated Capital Expenditures Clause in Contracts

Consolidated Capital Expenditures. Company shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal Year, in an aggregate amount in excess of $17,500,000 (the “Maximum Consolidated Capital Expenditures Amount”); provided that the Maximum Consolidated Capital Expenditures Amount for any Fiscal Year shall be increased by an amount equal to the excess, if any, of the Maximum Consolidated Capital Expenditures Amount for the previous Fiscal Year (without giving effect to any adjustment in accordance with this proviso) over the actual amount of Consolidated Capital Expenditures for such previous Fiscal Year; provided, further that in no event shall the amount of such increase exceed 50% of the Maximum Consolidated Capital Expenditures Amount for such previous Fiscal Year (prior to any adjustment in accordance with this proviso).

Consolidated Capital Expenditures. Company shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal YearYear indicated below, in an aggregate amount in excess of $17,500,000 the corresponding amount (the “Maximum Consolidated Capital Expenditures Amount”)) set forth below opposite such Fiscal Year; provided that the Maximum Consolidated Capital Expenditures Amount for any Fiscal Year shall be increased by an amount equal to the excess, if any, of the Maximum Consolidated Capital Expenditures Amount for the previous Fiscal Year (without giving effect to any adjustment in accordance with this proviso) over the actual amount of Consolidated Capital Expenditures for such previous Fiscal Year; provided, further that in no event shall the amount of such increase exceed 50% of the : Fiscal Year Maximum Consolidated Capital Expenditures Amount for such previous Fiscal Year (prior to any adjustment in accordance with this proviso).Expenditures

Consolidated Capital Expenditures. Company shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal YearYear indicated below, in an aggregate amount in excess of $17,500,000 the corresponding amount (the “"Maximum Consolidated Capital Expenditures Amount”)") set forth below opposite such Fiscal Year; provided that the Maximum Consolidated Capital Expenditures Amount for any -------- Fiscal Year shall be increased by an amount equal to the excess, if anyany (but in no event more than $1,000,000), of the Maximum Consolidated Capital Expenditures Amount for the previous Fiscal Year (without giving effect to any adjustment in accordance with this proviso) over the actual amount of Consolidated Capital Expenditures for such previous Fiscal Year; provided, further that in no event shall the amount of such increase exceed 50% of the . Maximum Consolidated Fiscal Year Capital Expenditures Amount for such previous Fiscal Year (prior to any adjustment in accordance with this proviso).----------- -------------------- 1999 $ 8,500,000 2000 $ 8,500,000 2001 $ 9,000,000 2002 $10,000,000 2003 $11,000,000 2004 $12,000,000

Consolidated Capital Expenditures. Company Borrower shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, Expenditures in any Fiscal Year (the “Current Fiscal Year, ”) in an aggregate amount in excess of $17,500,000 an amount (the “Maximum Consolidated Capital Expenditures Amount”)” for the Current Fiscal Year) equal to $6,500,000; provided that the Maximum Consolidated Capital Expenditures Amount for any Fiscal Year shall be increased by an amount equal to the excess, if any, of the Maximum Consolidated Capital Expenditures Amount for the previous Fiscal Year (without giving effect prior to any adjustment in accordance with this proviso) over the actual amount of Consolidated Capital Expenditures for such previous Fiscal Year; provided, further that in no event shall the amount of such increase exceed 50% of the Maximum Consolidated Capital Expenditures Amount for such previous Fiscal Year (prior to any adjustment in accordance with this proviso).

Consolidated Capital Expenditures. Company shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal Year, in an aggregate amount in excess of $17,500,000 60,000,000 (the “Maximum Consolidated Capital Expenditures Amount”"MAXIMUM CONSOLIDATED CAPITAL EXPENDITURES AMOUNT"); provided that the Maximum Consolidated Capital Expenditures Amount for any Fiscal Year shall be increased by an amount equal to the excess, if anyany (but in no event more than $12,000,000), of the Maximum Consolidated Capital Expenditures Amount for the previous Fiscal Year (without giving effect to any adjustment in accordance with this proviso) over the actual amount of Consolidated Capital Expenditures for such previous Fiscal Year; provided, further that in no event shall the amount of such increase exceed 50% of the Maximum Consolidated Capital Expenditures Amount for such previous Fiscal Year (prior to any adjustment in accordance with this proviso).

Consolidated Capital Expenditures. Company shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal YearYear indicated below, in an aggregate amount in excess of $17,500,000 the corresponding amount (the “Maximum Consolidated Capital Expenditures Amount”)) set forth below opposite such Fiscal Year; provided that the Maximum Consolidated Capital Expenditures Amount for any Fiscal Year commencing with the Fiscal Year ending October 31, 2004 shall be increased by an amount equal to 100% of the excess, if any, of the Maximum Consolidated Capital Expenditures Amount for the previous Fiscal Year (without giving effect to any adjustment in accordance with this proviso) over the actual amount of Consolidated Capital Expenditures for such previous Fiscal Year; provided, further that in no event shall the amount of such increase exceed 50% of the : Maximum Consolidated Fiscal Year Capital Expenditures Amount for such previous 2002 $ 70,000,000 2003 $ 30,000,000 2004 and each Fiscal Year (prior to any adjustment in accordance with this proviso).thereafter $ 50,000,000

Consolidated Capital Expenditures. Company shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital ExpendituresExpenditures in (i) the Fiscal Year ending October 31, in 2004, (ii) the 14-Fiscal Month period ending December 30, 2005 or (iii) any Fiscal YearYear ending on or after December 29, 2006, in an aggregate amount in excess of $17,500,000 50,000,000 (the “"Maximum Consolidated Capital Expenditures Amount”"); provided that the Maximum Consolidated Capital Expenditures Amount for any Fiscal Year such period shall be increased by an amount equal to 100% of the excess, if any, of the Maximum Consolidated Capital Expenditures Amount for the previous Fiscal Year such period (without giving effect to any adjustment in accordance with this proviso) over the actual amount of Consolidated Capital Expenditures for such previous Fiscal Year; provided, further that in no event shall the amount of such increase exceed 50% of the Maximum Consolidated Capital Expenditures Amount for such previous Fiscal Year (prior to any adjustment in accordance with this proviso)period.

Consolidated Capital Expenditures. Company shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal Year, in an aggregate amount in excess of $17,500,000 40,000,000 (the “Maximum Consolidated Capital Expenditures Amount”"MAXIMUM CONSOLIDATED CAPITAL EXPENDITURES AMOUNT"); provided that the Maximum Consolidated Capital Expenditures Amount for any Fiscal Year shall be increased by an amount equal to the excess, if anyany (but in no event more than 20%), of the Maximum Consolidated Capital Expenditures Amount for the previous Fiscal Year (without giving effect to any adjustment in accordance with this proviso) over the actual amount of Consolidated Capital Expenditures for such previous Fiscal Year; provided, further that in no event shall the amount of such increase exceed 50% of the Maximum Consolidated Capital Expenditures Amount for such previous Fiscal Year (prior to any adjustment in accordance with this proviso).