Expansion Capital Expenditures. Borrower and its Restricted Subsidiaries may make Expansion Capital Expenditures for:
Expansion Capital Expenditures. The Credit Parties shall not permit Expansion Capital Expenditures made by the Parent and its Subsidiaries for the fiscal year ending on December 28, 2014 and each fiscal year thereafter to exceed an aggregate amount equal to 70% of Consolidated EBITDA for the immediately prior fiscal year; provided that if the Leverage Ratio both before and after giving effect to any such Expansion Capital Expenditure on a Pro Forma Basis is less 2.00 to 1.00 (as demonstrated to the reasonable satisfaction of the Administrative Agent prior to the making thereof), the Credit Parties may make Expansion Capital Expenditures in such fiscal year without regard to such aggregate limitation (it being understood and agreed that any such additional expenditure that is permitted by this proviso of this Section 6.17 at the time it is made shall thereafter be deemed permitted by this subsection regardless of whether the conditions set forth herein continue to be satisfied with respect to future expenditures in the applicable fiscal year). Notwithstanding the foregoing, any portion of any amount set forth in the preceding sentence, if not expended in the fiscal year for which it is permitted above, may be carried over for expenditure in the next following fiscal year; provided that, if any such amount is so carried over, (a) it will be deemed used in the applicable subsequent fiscal year only following use of the amount set forth in the preceding sentence for such fiscal year and (b) it may not be carried over to any subsequent fiscal year; provided further that no amount shall be carried over from a fiscal year in which the Credit Parties are permitted to make Expansion Capital Expenditures without regard to the aggregate limitation referenced above. CHAR1\1357697v6
Expansion Capital Expenditures. If any Default or Event of Default exists, make any Expansion Capital Expenditures.
Expansion Capital Expenditures. None of the Borrower or its Subsidiaries shall incur or pay for any Expansion Capital Expenditures unless such expenditures are paid with funds transferred from the Distribution Account, financed by Indebtedness permitted in accordance with Section 6.2(a)(iv) or funded by equity contributions made by the Investor.
Expansion Capital Expenditures. All expenditures made by the Seller since September 16, 2005 that constitute Expansion Capital Reimbursement Amounts have been for equipment that expanded the capabilities of the Business and none of such expenditures were for purchases of equipment to replace existing equipment.
Expansion Capital Expenditures. (a) Make, or enter into any legally binding commitment to make, any Expansion Capital Expenditure if, giving effect thereto, the aggregate Basket Expenditures subsequent to the Amendment Effective Date and prior to the Maturity Date would exceed the Expansion Capital Expenditures Basket without the prior written consent of the Majority Lenders;
Expansion Capital Expenditures. $ -------------
Expansion Capital Expenditures. The Credit Parties and their Subsidiaries shall be permitted to make, or become legally obligated to make, Expansion Capital Expenditures so long as (x) no Default or Event of Default shall have occurred and be continuing at such time or would result therefrom and (y) the Credit Parties will be in compliance on a Pro Forma Basis with the financial covenants set forth in Section 5.9 after giving effect thereto. Notwithstanding the foregoing, as of the First Amendment Effective Date, no Expansion Capital Expenditures shall be permitted to be made (other than Expansion Capital Expenditures for work commenced prior to the First Amendment Effective Date in an aggregate amount not to exceed $3,000,000) until the later to occur of (x) delivery of a compliance certificate pursuant to Section 5.1(c) demonstrating compliance with the financial covenants set forth in Section 5.9 for the fiscal quarter of the Parent ending on or about July 11, 2021 and (y) Lease Adjusted Leverage Ratio is less than or equal to 5.00 to 1.00 based on the compliance certificate delivered pursuant to Section 5.1(c) for the most recently ended fiscal quarter of the Parent; provided that after the Minimum Capital Event, this sentence shall not prohibit the Credit Parties and their Subsidiaries from making Expansion Capital Expenditures in an aggregate amount not to exceed $5,000,000.
Expansion Capital Expenditures. The Borrower will not make, or permit any Subsidiary of the Borrower to make, any Expansion Capital Expenditures other than Expansion Capital Expenditures consisting of expenditures made to effect any Permitted Acquisition.
Expansion Capital Expenditures. (a) On or prior to October 2, 2022 (the last day of the third fiscal quarter of the 2022 fiscal year of the Parent), the Credit Parties and their Subsidiaries shall be permitted to make, or become legally obligated to make, Expansion Capital Expenditures so long as (x) no Default or Event of Default shall have occurred and be continuing at such time or would result therefrom; (y) on a Pro Forma Basis after giving effect thereto, Liquidity shall be greater than $30,000,000 and (z)(i) the amount of Expansion Capital Expenditures made by the Credit Parties and their Subsidiaries during the fourth fiscal quarter of the 2021 fiscal year of the Parent shall not exceed $18,000,000; (ii) the amount of Expansion Capital Expenditures made by the Credit Parties and their Subsidiaries during the first fiscal quarter of the 2022 fiscal year of the Parent shall not exceed $10,000,000; (iii) the amount of Expansion Capital Expenditures made by the Credit Parties and their Subsidiaries during the second fiscal quarter of the 2022 fiscal year of the Parent shall not exceed $12,000,000 and (iv) the amount of Expansion Capital Expenditures made by the Credit Parties and their Subsidiaries during the third fiscal quarter of the 2022 fiscal year of the Parent shall not exceed $15,000,000; provided that any amount permitted to be expended pursuant to clause (z) that is not actually expended during the applicable fiscal quarter may be carried forward and expended during the immediately succeeding fiscal quarter.
