Common use of Limitation on Capital Expenditures Clause in Contracts

Limitation on Capital Expenditures. Make or commit to make any Capital Expenditure, except (a) Capital Expenditures of the Borrower and its Restricted Subsidiaries in the ordinary course of business not exceeding in any fiscal year the lesser of (i) $14,000,000 and (ii) 2.00% of the amount of net sales of the Borrower and its Restricted Subsidiaries for such fiscal year, determined in accordance with GAAP and (b) Capital Expenditures made with the proceeds of any Reinvestment Deferred Amount.

Appears in 2 contracts

Samples: Credit Agreement (Salton Inc), Credit Agreement (Salton Maxim Housewares Inc)

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Limitation on Capital Expenditures. Make or commit to make any Capital Expenditure, except (a) Capital Expenditures of the Borrower Company and each of its Restricted Subsidiaries in the ordinary course of business in an aggregate amount not exceeding in any to exceed $250,000 during each fiscal year the lesser of (i) $14,000,000 and (ii) 2.00% of the amount of net sales of the Borrower and its Restricted Subsidiaries for such fiscal year, determined in accordance with GAAP and (b) Capital Expenditures made with the proceeds of any Reinvestment Deferred AmountCompany.

Appears in 1 contract

Samples: Credit Agreement (MVC Capital, Inc.)

Limitation on Capital Expenditures. Make or commit to make (by way of the acquisition of securities of a Person or otherwise) any Capital Expenditure, except (a) Capital Expenditures of the Borrower and its Restricted Subsidiaries in the ordinary course of business not exceeding in any fiscal year (when added to the lesser of (iaggregate amount expended during such fiscal year for investments permitted by Section 7.8(h)(i)) $14,000,000 and (ii) 2.00% of the amount of net sales of the Borrower and its Restricted Subsidiaries for such fiscal year, determined in accordance with GAAP 15,000,000 and (b) Capital Expenditures made with the proceeds of any Reinvestment Deferred Amount.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (American Buildings Co /De/)

Limitation on Capital Expenditures. Make or commit to make any Capital ExpenditureExpenditures, except (a) for Capital Expenditures of the Borrower and its Restricted Subsidiaries made in the ordinary course of business not exceeding and which (a) in any the aggregate for the fiscal year ending December 31, 2003, do not exceed the lesser sum of (i) $14,000,000 and (ii) 2.00% of 35,000,000 plus the amount of net sales of the Borrower and its Restricted Subsidiaries Dedicated Free Cash; provided, that expenditures for such fiscal yearexploration, determined in accordance with GAAP and (b) Capital Expenditures made with the proceeds of any Reinvestment Deferred Amount.including, without limitation, expenditures for

Appears in 1 contract

Samples: Credit Agreement (Mission Resources Corp)

Limitation on Capital Expenditures. Make or commit to make any Capital Expenditure, except (a) Capital Expenditures of the Borrower and its Restricted Subsidiaries in the ordinary course of business not exceeding in any fiscal year the lesser of (i) $14,000,000 and (ii) an amount equal to 2.00% of the amount of net sales of the Borrower and its Restricted Subsidiaries for such fiscal year, determined in accordance with GAAP and (b) Capital Expenditures made with the proceeds of any Reinvestment Deferred Amount.

Appears in 1 contract

Samples: Credit Agreement (Salton Inc)

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Limitation on Capital Expenditures. Make or commit to make any Capital Expenditure, except (a) Capital Expenditures of the Borrower and its Restricted Subsidiaries in the ordinary course of business not exceeding in any fiscal year the lesser of (i) $14,000,000 8,000,000 and (ii) 2.00% of the amount of net sales of the Borrower and its Restricted Subsidiaries for such fiscal year, determined in accordance with GAAP and (b) Capital Expenditures made with the proceeds of any Reinvestment Deferred Amount.

Appears in 1 contract

Samples: Credit Agreement (Salton Maxim Housewares Inc)

Limitation on Capital Expenditures. Make or commit to make any Capital Expenditure, except (a) Capital Expenditures of the Borrower and its Restricted Subsidiaries in the ordinary course of business not exceeding $250,000 in the aggregate for all Restricted Subsidiaries in any fiscal year the lesser of (i) $14,000,000 and (ii) 2.00% of the amount of net sales of the Borrower and its Restricted Subsidiaries for such fiscal year, determined in accordance with GAAP and (b) Capital Expenditures made with the proceeds of any Reinvestment Deferred Amount.

Appears in 1 contract

Samples: Credit Agreement (Inergy Holdings, L.P.)

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