Common use of Maintenance Capital Expenditures Clause in Contracts

Maintenance Capital Expenditures. Borrower and its Restricted Subsidiaries may make Maintenance Capital Expenditures in an aggregate amount not to exceed in any Fiscal Year the greater of (i) $85,000,000 and (ii) 5.00% of the gross revenues of Borrower and its Restricted Subsidiaries on a consolidated basis in such Fiscal Year (the “Maximum Maintenance Capital Expenditures Amount”); provided that the Maximum Maintenance Capital Expenditures Amount for any Fiscal Year shall be increased by an amount equal to the excess, if any, of the Maximum Maintenance Capital Expenditures Amount for the previous Fiscal Year (as adjusted in accordance with this proviso) over the actual amount of Maintenance Capital Expenditures for such previous Fiscal Year, up to a maximum increase of $20,000,000 in any Fiscal Year.

Maintenance Capital Expenditures. Borrower and its Restricted Subsidiaries may make Maintenance Capital Expenditures in an aggregate amount not to exceed in any Fiscal Year the greater of (i) $85,000,000 and (ii) 5.00% of the gross revenues of Borrower and its Restricted Subsidiaries on a consolidated basis in such Fiscal Year (the “Maximum Maintenance Capital Expenditures Amount”); provided that the Maximum Maintenance Capital Expenditures Amount for any Fiscal Year shall be increased by an amount equal to the excess, if any, of the Maximum Maintenance Capital Expenditures Amount for the previous Fiscal Year (as adjusted in accordance with this proviso) over the actual amount of Maintenance Capital Expenditures for such previous Fiscal Year, up to a maximum increase of $20,000,000 in any Fiscal Year.. 130

Maintenance Capital Expenditures. Borrower and its Restricted Subsidiaries may make Maintenance Capital Expenditures in an aggregate amount not to exceed in any Fiscal Year beginning in the Fiscal Year 2005 the greater of (i) $85,000,000 75,000,000 and (ii) 5.00% of the gross 116 revenues of Borrower and its Restricted Subsidiaries on a consolidated basis in such Fiscal Year (the “"Maximum Maintenance Capital Expenditures Amount”"); provided that the Maximum Maintenance Capital Expenditures Amount for any Fiscal Year after Fiscal Year 2005 shall be increased by an amount equal to the excess, if any, of the Maximum Maintenance Capital Expenditures Amount for the previous Fiscal Year (as adjusted in accordance with this proviso) over the actual amount of Maintenance Capital Expenditures for such previous Fiscal Year, up to a maximum increase of $20,000,000 15,000,000 in any Fiscal Year.

Maintenance Capital Expenditures. Borrower and its Restricted -------------------------------- Subsidiaries may make Maintenance Capital Expenditures in an aggregate amount not to exceed $40,000,000 in any Fiscal Year beginning in the greater of (i) $85,000,000 and (ii) 5.00% of the gross revenues of Borrower and its Restricted Subsidiaries on a consolidated basis in such Fiscal Year 2002 (the “"Maximum Maintenance Capital Expenditures Amount”"); provided that the -------- Maximum Maintenance Capital Expenditures Amount for any Fiscal Year after Fiscal Year 2002 shall be increased by an amount equal to the excess, if any, of the Maximum Maintenance Capital Expenditures Amount for the previous Fiscal Year (as adjusted in accordance with this proviso) over the actual amount of Maintenance Capital Expenditures for such previous Fiscal Year, up to a maximum increase of $20,000,000 10,000,000 in any Fiscal Year.