Common use of Maximum Capital Expenditures Clause in Contracts

Maximum Capital Expenditures. Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period Fiscal Year ending on or about March 31, 2007 $ 7,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,000

Maximum Capital Expenditures. Borrower Holdings and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods any Fiscal Year that exceed in the aggregate the amounts amount set forth opposite each of in the table below for such periodsFiscal Year: Period Fiscal Year Ending: Maximum Capital Expenditures per Period Fiscal Year ending on or about March 31, 2007 $ 7,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March Expenditures: December 31, 2009 and each Fiscal Year ending thereafter $ 3,000,00032,500,000

Maximum Capital Expenditures. Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period Fiscal Year ending on or about March 31, 2007 $ 7,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 2006 and each Fiscal Year ending thereafter $ 3,000,0005,000,000 (b) [Intentionally Deleted]

Maximum Capital Expenditures. Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during as at the following periods end of each Fiscal Quarter set forth below that exceed in the aggregate the amounts set forth opposite each of such periodsFiscal Quarter: Period Maximum Capital Expenditures per Per Period Fiscal Year ending on or about March January 31, 2007 $ 7,900,000 Fiscal Year ending on or about March 15,000 April 30, 2007 $ 30,000 July 31, 2007 $ 45,000 October 31, 2007 $ 60,000 January 31, 2008 $ 9,500,000 and for all Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending Quarters thereafter $ 3,000,00060,000

Maximum Capital Expenditures. Borrower Borrowers and its their Subsidiaries on a consolidated basis shall not make Capital Expenditures during in excess of the following periods that exceed in the aggregate the amounts set forth opposite for each of such periodsthe following Fiscal Years on a non-cumulative basis: Period Maximum Capital Expenditures per Period Fiscal Year ending on or about March 31, 2007 Amount ----------- ---------- 1999 $ 7,900,000 500,000 2000 $ 750,000 2001 and each $1,000,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,000thereafter

Maximum Capital Expenditures. Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period ------ --------------------------------------- Seven month period commencing June 1, 2001 and ending on December 31, 2001 $9,000,000 Fiscal Year 2002 $8,000,000 Fiscal Year 2003 $8,000,000 Six-month period commencing January 1, 2004 and ending on or about March 31June 30, 2007 $ 7,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,0002004 $5,000,000

Maximum Capital Expenditures. Borrower and its Subsidiaries on a ---------------------------- consolidated basis shall not make Capital Expenditures during any Fiscal Year which exceed the greater of (i) the lesser of (x) $5,000,000 and (y) 30% of the EBITDA of Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during for such Fiscal Year, and (ii) 20% of the following periods that exceed in the aggregate the amounts set forth opposite each EBITDA of Borrower and its Subsidiaries on a consolidated basis for such periods: Period Maximum Capital Expenditures per Period Fiscal Year ending on or about March 31, 2007 $ 7,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,000Year.

Maximum Capital Expenditures. Borrower Borrowers and its their Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period ------ --------------------------------------- Fiscal Year ending on or about March 31, 2007 $ 7,900,000 2001 $3,500,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 2002 $3,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,0002003 $3,500,000

Maximum Capital Expenditures. Commencing with Fiscal Year 2006, Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures (other than Capital Expenditures made by the Borrower that are financed entirely with the proceeds of CapEx Loans) during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per ------ Period ------ Fiscal Year ending on or about March 31, 2007 $ 7,900,000 2006 $45,000,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 2007 $50,000,000 Each Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,000$40,000,000

Maximum Capital Expenditures. Borrower and its Subsidiaries The Credit Parties on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Period Expenditures per Period Fiscal Year ending on or about March 31, 2007 in January of 2004 and 2005 $ 7,900,000 10,000,000 Each Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,00030,000,000” (m) Clause (b) of Schedule I to the Credit Agreement is hereby amended and restated to read in its entirety as follows:

Maximum Capital Expenditures. Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period For the Fiscal Year ending on or about March December 31, 2005 $ 400,000 For the Fiscal Year ending December 31, 2006 $ 600,000 For the Fiscal Year ending December 31, 2007 $ 7,900,000 1,000,000 For the two Fiscal Year Quarters ending on or about March 31June 30, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,000500,000

Maximum Capital Expenditures. Borrower Borrowers and its their Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period ------ --------------------------------------- Fiscal Year ending on or about March 31, 2007 $ 7,900,000 2001 8,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 2002 7,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,0002003 11,000,000

Maximum Capital Expenditures. Borrower Borrowers and its their Subsidiaries on ---------------------------- a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period Fiscal Year ending on or about March 31, 2007 $ 7,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 ------- --------------------------------------- From and each Fiscal Year ending including the Closing Date to 12/31/00 $17,160,000 1/1/01 to 12/31/01 $21,840,000 1/1/02 to 12/31/02 $19,320,000 1/1/03 to 12/31/03 $17,400,000 1/1/04 to 12/31/04 and thereafter $ 3,000,000$17,400,000

Maximum Capital Expenditures. Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period Fiscal Year Quarter ending on or about March 31, 2007 $ 7,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 2009 $500,000 Fiscal Year ending on or about March 31, 2009 $3,500,000 plus an amount equal to an amount of Capital Expenditures not to exceed $1,000,000 incurred in connection with the installation of the ERP computer system during such Fiscal Year Fiscal Year ending on or about March 31, 2010 and each Fiscal Year ending thereafter $ 3,000,000thereafter.” $2,000,000

Maximum Capital Expenditures. Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Fiscal Year Ending Capital Expenditures per Period Fiscal Year ending on or about March ------------------ -------------------- December 31, 2007 $ 7,900,000 Fiscal Year ending on or about March 1999 $4,900,000 December 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 312000, 2009 and each Fiscal Year ending thereafter $ $3,000,000

Maximum Capital Expenditures. Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period ------ --------------------------------------- Fiscal Year ending on or about March December 31, 2007 $ 7,900,000 2000 $7,000,000 Fiscal Year ending on or about March December 31, 2008 $ 9,500,000 2001 $7,000,000 Fiscal Year ending on or about March December 31, 2009 and each 2002 $7,000,000 Fiscal Year ending December 31, 2003 $8,000,000 Fiscal Year ending December 31, 2004 $8,000,000 Each Fiscal Year thereafter $ 3,000,000$8,000,000

Maximum Capital Expenditures. Borrower Borrowers and its their Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period Each Fiscal Year commencing with the Fiscal Year ending on or about $6,000,000 March 31, 2007 $ 7,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,0002000.

Maximum Capital Expenditures. Borrower and its Subsidiaries on a consolidated basis shall not make any Capital Expenditures that would cause Capital Expenditures during the following periods that exceed to exceed, in the aggregate aggregate, the amounts set forth opposite each of such periodsperiod: Period Maximum Capital Expenditures per for Period Fiscal Year ending on or about March December 31, 2006 $35,000,000 Fiscal Year ending December 31, 2007 $ 7,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,000$20,000,000

Maximum Capital Expenditures. Borrower and its Subsidiaries The Credit Parties on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Period Expenditures per Period Fiscal Year ending on or about March 31, 2007 in January 2004 $ 7,900,000 10,000,000 Fiscal Year ending on or about March 31, 2008 in January 2005 $ 9,500,000 6,000,000 Each Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,000$10,000,000”

Maximum Capital Expenditures. Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures Period per Period ------ ---------------------------- Fiscal Year ending on or about March 31, 2007 $ 7,900,000 2004 $2,500,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 2005 and each Fiscal Year ending thereafter $ 3,000,000$2,000,000

Maximum Capital Expenditures. Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures Period per Period ------ ---------- January 1, 2000 to June 30, 2000 $1,500,000 January 1, 2000 to December 31, 2000 $3,000,000 January 1, 2001 to December 31, 2001 and each $3,500,000 Fiscal Year ending on or about March 31, 2007 $ 7,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,000thereafter

Maximum Capital Expenditures. Borrower and its Subsidiaries The Credit Parties on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Period Expenditures per Period Fiscal Year ending on or about March 31, 2007 in January 2004 $ 7,900,000 10,000,000 Fiscal Year ending on or about March 31, 2008 in January 2005 $ 9,500,000 6,000,000 Fiscal Year ending on or about March 31, 2009 and each in January 2006 $ 12,000,000 Each Fiscal Year ending thereafter $ 3,000,00015,000,000 ”

Maximum Capital Expenditures. Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods, unless otherwise agreed to in writing by Lender: Period Maximum Capital Expenditures per Period Fiscal Year ending on or about March 31, 2007 1/31/98 $ 7,900,000 145,000 Fiscal Year ending on or about March 31, 2008 1/30/99 $ 9,500,000 400,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,0001/29/00 $1,100,000

Maximum Capital Expenditures. Borrower Details and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period ------ ---------------------------- Fiscal Year ending on or about March 31, 2007 $ 7,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 12/31/07 and each Fiscal Year ending thereafter $ 3,000,000$13,000,000