Common use of Maximum Capital Expenditures Clause in Contracts

Maximum Capital Expenditures. The Company will not, nor will it permit any Subsidiary to, incur or make any Capital Expenditures (as defined in the Credit Agreement) except and as set forth below: Fiscal Year Maximum Capital Expenditures 2005 $ 16.5 million 2006 $ 16.5 million 2007 $ 11 million 2008 $ 11 million 2009 $ 11 million 2010 $ 11 million 2011 $ 11 million provided, however, that to the extent that actual Capital Expenditures for any such fiscal year shall be less than the maximum amount set forth above for such fiscal year (without giving effect to the carryover permitted by this proviso), the difference between said stated maximum amount and such actual Capital Expenditures shall, in addition, be available for Capital Expenditures in the next succeeding fiscal year; provided further, however, that no portion of the such amount carried over from the previous fiscal year shall be allocated to Capital Expenditures in the next fiscal year until the amount allocated to the current fiscal year is exhausted.

Maximum Capital Expenditures. The Company Borrower will not, nor will it permit any Subsidiary to, incur or make any Capital Expenditures (as defined in the Credit Agreement) except and as set forth below: Maximum Fiscal Year Maximum Capital Expenditures 2005 $ 16.5 million 2006 $ 16.5 15 million 2007 $ 11 10 million 2008 $ 11 10 million 2009 $ 11 10 million 2010 $ 11 10 million 2011 $ 11 10 million 2012 $ 10 million 2013 $ 10 million provided, however, that to the extent that actual Capital Expenditures for made in any such fiscal year shall be less than the maximum amount set forth above for such fiscal year (without giving effect to the carryover permitted by this proviso), the difference between said stated maximum amount and such actual Capital Expenditures shall, in addition, be available for Capital Expenditures in the next succeeding fiscal yearyear and, in the case of fiscal year 2006, the excess of $15,000,000 over actual Capital Expenditures made in fiscal year 2005 shall also be available; provided further, however, that no portion of the such amount carried over from the previous fiscal year shall be allocated to Capital Expenditures in the next fiscal year until the amount allocated to the current fiscal year is exhausted.

Maximum Capital Expenditures. The Company will not, nor will it permit any Subsidiary to, incur or make any Capital Expenditures (as defined in the Credit Agreement) except and as set forth below: Fiscal Year Maximum Capital Expenditures 2005 $ 16.5 million 2006 $ 16.5 million 2007 $ 11 million 2008 $ 11 million 2009 $ $11 million 2010 $ $11 million 2011 $ $11 million provided, however, that to the extent that actual Capital Expenditures for any such fiscal year shall be less than the maximum amount set forth above for such fiscal year (without giving effect to the carryover permitted by this proviso), the difference between said stated maximum amount and such actual Capital Expenditures shall, in addition, be available for Capital Expenditures in the next succeeding fiscal year; provided further, however, that no portion of the such amount carried over from the previous fiscal year shall be allocated to Capital Expenditures in the next fiscal year until the amount allocated to the current fiscal year is exhausted.