Common use of Maximum Capital Expenditures Clause in Contracts

Maximum Capital Expenditures. During any fiscal year of the Borrower, the Borrower shall not, nor shall it permit any Subsidiary to, expend or become obligated for Capital Expenditures in an aggregate amount in excess of: The Borrower’s Fiscal year ending on or about: Capital Expenditures shall not exceed: October 31, 2010 $2,000,000.00 October 31, 2011 $2,000,000.00 October 31, 2012 and each October 31 thereafter $2,500,000.00 “Capital Expenditures” definition is set forth in Section B above.

Maximum Capital Expenditures. During The Borrower shall not make any Capital Expenditures, individually or in the aggregate, in excess of $22,500,000 for the fiscal year of the BorrowerBorrower ending 12/29/01. The Borrower shall not make aggregate Capital Expenditures for the fiscal year ending 12/28/02 in excess of $10,000,000. In addition, for the fiscal year ending 12/28/02, the Borrower shall not, nor shall it permit any Subsidiary to, expend or become obligated for amount of Borrower's aggregate Capital Expenditures in an aggregate amount in excess of: The Borrower’s Fiscal year ending on or about: Capital Expenditures less net proceeds of asset dispositions (excluding sales of inventory) shall not exceed: October 31, 2010 exceed $2,000,000.00 October 31, 2011 $2,000,000.00 October 31, 2012 and each October 31 thereafter $2,500,000.00 “Capital Expenditures” definition is set forth in Section B above7,000,000.

Maximum Capital Expenditures. During any fiscal year of the BorrowerBorrower commencing after October 31, 2012, the Borrower shall not, nor shall it permit any Subsidiary to, expend or become obligated for Capital Expenditures in an aggregate amount in excess of: The Borrower’s Fiscal year ending on or about: Capital Expenditures shall not exceed: October 31, 2010 of $2,000,000.00 October 31, 2011 $2,000,000.00 October 31, 2012 and each October 31 thereafter $2,500,000.00 “Capital Expenditures” definition is set forth in Section B above1,000,000.

Maximum Capital Expenditures. (i) During any fiscal year of the Borrower, the Borrower shall not, nor shall it permit any Subsidiary to, expend or become obligated for Capital Expenditures in an aggregate amount in excess of: The Borrower’s Fiscal year ending on or about: Capital Expenditures shall not exceed: October 31, 2010 $2,000,000.00 October 31, 2011 $2,000,000.00 October 31, 2012 and each October 31 thereafter $2,500,000.00 “Capital Expenditures” definition is set forth in Section B above.2,500,000.00

Maximum Capital Expenditures. During any fiscal year of the BorrowerBorrower commencing after October 31, 2012, the Borrower shall not, nor shall it permit any Subsidiary to, expend or become obligated for Capital Expenditures in an aggregate amount in excess of: The Borrower’s Fiscal year ending on or about: Capital Expenditures shall not exceed: October 31, 2010 of $2,000,000.00 October 31, 2011 $2,000,000.00 October 31, 2012 and each October 31 thereafter $2,500,000.00 “Capital Expenditures” definition is set forth in Section B above3,000,000.

Maximum Capital Expenditures. During any fiscal year of the Borrower, the The Borrower shall will not, nor shall will it permit any Subsidiary to, expend incur or become obligated for make Capital Expenditures during any fiscal year set forth below in an aggregate amount in excess offor the Borrower and its Subsidiaries that exceeds the amount set forth opposite such fiscal year: The Borrower’s Period Maximum Capital Expenditures Fiscal year ending on or about: Capital Expenditures shall not exceed: October 31, 2010 $2,000,000.00 October 31, 2011 $2,000,000.00 October 31, 2012 and each October 31 thereafter $2,500,000.00 “Capital Expenditures” definition is set forth in Section B above.2020 $ 22,000,000 Fiscal year 2021 $ 22,000,000 Fiscal year 2022 $ 25,000,000

Maximum Capital Expenditures. During The Borrower shall not permit the aggregate amount of Capital Expenditures made by the Borrower and its Subsidiaries to exceed $2,500,000 during any fiscal year year; provided, that up to 50% of the Borroweramount referred to above, if not so expended in the Borrower fiscal year for which it is permitted, may be carried over for expenditure in the next succeeding fiscal year, and provided, further, that any such amount carried over to the next succeeding fiscal year shall not, nor shall it permit any Subsidiary to, expend or become obligated for Capital Expenditures in an aggregate be deemed the first amount in excess of: The Borrower’s Fiscal year ending on or about: Capital Expenditures shall not exceed: October 31, 2010 $2,000,000.00 October 31, 2011 $2,000,000.00 October 31, 2012 and each October 31 thereafter $2,500,000.00 “Capital Expenditures” definition is set forth in Section B aboveexpended during such next succeeding fiscal year.