Expansion Capital Expenditures Sample Clauses
Expansion Capital Expenditures. Borrower and its Restricted Subsidiaries may make Expansion Capital Expenditures for:
(i) The Cape Girardeau Gaming Facilities in an aggregate amount not to exceed $150,000,000 (less any such amounts applied pursuant to subsection 7.8A(iii)) from and after the Closing Date;
(ii) The Nemacolin Gaming Facilities in an aggregate amount not to exceed $65,000,000 (less any such amounts applied pursuant to subsection 7.8A(iii)) from and after the Closing Date; and
(iii) Any purpose (including the purposes described in subsections 7.8(A)(i) through (ii), in an aggregate amount from and after the Closing Date not to exceed $250,000,000 plus an amount equal to any unused amounts described in subsections 7.8(A)(i) through (ii) plus the aggregate amount of Net Equity Proceeds not applied to make Investments pursuant to subsection 7.3(x) (the “Maximum Expansion Capital Expenditures Amount”) provided, that so long as (A) the Consolidated Total Leverage Ratio as of the last day of the most recently ended Fiscal Quarter for which financial statements have been delivered is less than 5.00 to 1.00 after giving pro forma effect to any proposed Expansion Capital Expenditures and all other Expansion Capital Expenditures, Investments and Restricted Junior Payments made since such date (assuming such Expansion Capital Expenditures, Investments and Restricted Junior Payments, and any Loans or other Indebtedness incurred in connection therewith, were made on the last date of such Fiscal Quarter), then Borrower and its Restricted Subsidiaries may make other Expansion Capital Expenditures in an additional aggregate amount not to exceed $250,000,000 and (B) the Consolidated Total Leverage Ratio as of the last day of the most recently ended Fiscal Quarter for which financial statements have been delivered is less than 4.00 to 1.00 after giving pro forma effect to any proposed Expansion Capital Expenditures and all other Expansion Capital Expenditures, Investments and Restricted Junior Payments made since such date (assuming such Expansion Capital Expenditures, Investments and Restricted Junior Payments, and any Loans or other Indebtedness incurred in connection therewith, were made on the last date of such Fiscal Quarter), then Borrower and its Restricted Subsidiaries may make additional Expansion Capital Expenditures without regard to any dollar limitation; provided, further, that Expansion Capital Expenditures made pursuant to this subsection 7.8A(ii) shall be deemed applied first ...
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. The Credit Parties shall not permit Expansion Capital Expenditures made by the Parent and its Subsidiaries to exceed (i) $25,000,000 in the aggregate for the fiscal year ending on December 25, 2011 and (ii) for each fiscal year thereafter, an aggregate amount equal to 60% of Consolidated EBITDA for the immediately prior fiscal year; provided that with respect to fiscal year 2012 and each fiscal year thereafter, if the Leverage Ratio both before and after giving effect to any such Expansion Capital Expenditure on a Pro Forma Basis is less 1.50 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 in an aggregate amount not to exceed 70% of Consolidated EBITDA for the immediately prior fiscal year (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.
Expansion Capital Expenditures. If any Default or Event of Default exists, make any Expansion Capital Expenditures.
Expansion Capital Expenditures. All expenditures made by the Sellers since February 15, 2003 that constitute Expansion Capital Reimbursement Amounts have been for equipment that expanded the capabilities of the Businesses and none of such expenditures were for purchases of equipment to replace existing equipment.
Expansion Capital Expenditures. $ -------------
Expansion Capital Expenditures. All expenditures made in connection with any Permitted Acquisition and any Capital Expenditure other than a Maintenance Capital Expenditure.
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, from the Second Amendment Effective Date until delivery of a compliance certificate pursuant to Section 5.1(c) for the most recently ended fiscal quarter of the Parent (beginning with the fiscal quarter of the Parent ending on or about October 3, 2021) demonstrating that the Lease Adjusted Leverage Ratio is less than or equal to 5.00 to 1.00, the Credit Parties and their Subsidiaries shall not be permitted to make, or become legally obligated to make, Expansion Capital Expenditures in excess of $7,500,000.
1.23 Amendment to Section 9.6
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;
(b) Make, or enter into any legally binding commitment to make, any Expansion Capital Expenditure if the aggregate Expansion Capital Expenditures reasonably anticipated with respect thereto will exceed $25,000,000 without the prior written consent of the Majority Lenders (and the Lenders agree to use their best efforts to respond to any request by Borrowers to provide such consent within ten (10) Banking Days after the date such request is made, but without any implication that the failure of any Lender to respond within such period shall be construed as consent) EXCEPT for the following Expansion Capital Expenditures, which shall not require such consent:
(i) the St. ▇▇▇▇▇▇▇ Completion Project, PROVIDED that (A) no more than $5,000,000 is expended therefor prior to January 1, 2001 and (B) the amount expended therefor does not exceed $135,000,000;
(ii) the Texas Expansion Project, PROVIDED that the amount expended therefor does not exceed $75,000,000;
(iii) the Sunset Expansion Project, PROVIDED that the amount expended therefor does not exceed $75,000,000; and
(iv) the Boulder Expansion Project, PROVIDED that the amount expended therefor does not exceed $75,000,000; and
(c) Make, or enter into any legally binding commitment to make, any Expansion Capital Expenditure IF a Default or Event of Default then exists or would result therefrom (EXCEPT an Expansion Capital Expenditure made pursuant to a legally binding commitment entered into prior thereto in compliance with the other provisions of this Section 6.12).
Expansion Capital Expenditures. The Borrower will not make, or permit any Subsidiary of the Borrower to make Expansion Capital Expenditures (which amounts shall include all expenditures made in connection with any Permitted Acquisition) in excess of $5,000,000, in the aggregate, during Borrower's fiscal year ending September 30, 2002, and for each succeeding fiscal year in an aggregate Dollar amount as established for such fiscal year by the Agent in its reasonable discretion, with the consent of the Majority Banks (which consent shall not be unreasonably withheld) based upon the Agent's review of the Projections and subject to adjustment with the consent of the Agent and Majority Banks (which consent, in each case, shall not be unreasonably withheld).