Common use of Maximum Consolidated Capital Expenditures Clause in Contracts

Maximum Consolidated Capital Expenditures. Holdings shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal Year indicated below, in an aggregate amount for Holdings and its Subsidiaries in excess of the corresponding amount set forth below opposite such Fiscal Year; provided, such amount for any Fiscal Year shall be increased by an amount equal to 50% of the excess, if any (without giving effect to any adjustment in accordance with this proviso) over the actual amount of Consolidated Capital Expenditures for the previous Fiscal Year: FISCAL YEAR CONSOLIDATED CAPITAL EXPENDITURES 2006 $ 3,000,000 2007 $ 3,000,000 2008 $ 3,000,000 2009 $ 3,000,000 2010 $ 3,000,000 2011 $ 3,000,000 Thereafter $ 3,000,000

Maximum Consolidated Capital Expenditures. Holdings shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal Year indicated below, in an aggregate amount for Holdings and its Subsidiaries in excess of the corresponding amount set forth below opposite such Fiscal Year; provided, such amount for any Fiscal Year shall be increased by an amount equal to 50% of the excess, if any (without giving effect to any adjustment in accordance with this proviso) over the actual amount of Consolidated Capital Expenditures for the previous Fiscal Year: FISCAL YEAR CONSOLIDATED CAPITAL EXPENDITURES 2006 $ 3,000,000 3,200,000 2007 $ 3,000,000 3,200,000 2008 $ 3,000,000 3,200,000 2009 $ 3,000,000 3,200,000 2010 $ 3,000,000 3,200,000 2011 $ 3,000,000 3,200,000 Thereafter $ 3,000,0003,200,000

Maximum Consolidated Capital Expenditures. Holdings Company shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal Year indicated below, in an aggregate amount for Holdings Company and its Subsidiaries in excess of the corresponding amount set forth below opposite such Fiscal Year; provided, such amount for any Fiscal Year shall be increased by an amount equal to 50% of the excess, if any (without giving effect to any adjustment but in no event more than 50%) of such amount for the previous Fiscal Year (as adjusted in accordance with this proviso) over the actual amount of Consolidated Capital Expenditures for the such previous Fiscal Year: FISCAL YEAR CONSOLIDATED CAPITAL EXPENDITURES Fiscal Year Consolidated Capital Expenditures 2005 $23,300,000 2006 $ 3,000,000 $21,600,000 2007 $ 3,000,000 2008 $ 3,000,000 2009 $ 3,000,000 2010 $ 3,000,000 2011 $ 3,000,000 Thereafter $ 3,000,000and thereafter $19,200,000

Maximum Consolidated Capital Expenditures. Holdings (i) Company shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal Year indicated specified below, in an aggregate amount for Holdings and its Subsidiaries in excess of the corresponding amount set forth below opposite such Fiscal Year; provided, such amount for any Fiscal Year shall be increased by an amount equal to 50% of the excess, if any any, (without giving effect to any adjustment in accordance with this proviso) over the actual amount of Consolidated Capital Expenditures for the such previous Fiscal Year: FISCAL YEAR CONSOLIDATED CAPITAL EXPENDITURES Fiscal Year Consolidated Capital Expenditures 2003 $ 180,000,000 2004 $ 155,000,000 2005 $ 155,000,000 2006 $ 3,000,000 155,000,000 2007 $ 3,000,000 155,000,000 2008 $ 3,000,000 155,000,000 2009 $ 3,000,000 155,000,000 2010 $ 3,000,000 2011 $ 3,000,000 Thereafter $ 3,000,000155,000,000 100