Agreed Capital Expenditures definition

Agreed Capital Expenditures means (a) those capital expenditures incurred in the ordinary course of business for the benefit of the Business during the period commencing on July 31, 2011 through the date of this Agreement and which were paid or will be paid by Seller and are evidenced by appropriate supporting documentation supplied by Seller and which Seller represents and agrees do not exceed $0 and (b) those capital expenditures incurred in the ordinary course of business for the benefit of the Business during the period commencing immediately after the date of this Agreement through the Closing Date and which have been or will be paid by Seller and are evidenced by appropriate supporting documentation supplied by Seller and with respect to any such capital expenditures in excess of $100,000, Seller has obtained Buyer’s prior written consent.
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Agreed Capital Expenditures has the meaning given to it in Section 2.2(b).
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Agreed Capital Expenditures means capital expenditures or major maintenance expenditures that have (i) been agreed by the Parties or (ii) been determined to be expenditures made in accordance with prudent industry standards as follows: Following notice by Seller of a proposed capital expenditure or major maintenance expenditures, if Buyer shall not have agreed to Seller’s proposed capital expenditure or major maintenance expenditures pursuant to the foregoing clause (i) within 10 Business Days of such notice, Seller may submit to the Independent Engineering Firm a description of the proposed capital expenditure or major maintenance expenditures along with necessary supporting documentation as the Independent Engineer may deem appropriate (the “Seller’s Proposal”). Buyer may, at its election, submit to the Independent Engineering Firm an alternative good faith proposal to address Seller’s capital expenditure or major maintenance expenditures along with the necessary supporting documentation as the Independent Engineer may deem appropriate (including a proposal to make no such expenditures) (the “Buyer’s Proposal”). The Independent Engineering Firm shall, within 30 Business Days, issue a decision selecting the proposal that it deems most closely followed or would follow prudent industry practice. The proposal for capital expenditures or major maintenance expenditures (or a proposal to make no such expenditures) selected by the Independent Engineering Firm shall constitute “Agreed Capital Expenditures”. For the avoidance of doubt, Agreed Capital Expenditures shall in any event include any capital expenditures or major maintenance expenditures the failure of which to make by Seller or the Project Company would constitute a breach under a Material Contract. For the avoidance of doubt, nothing in this Section 2.2 shall obligate Seller or the Project Company to postpone making such capital expenditures or major maintenance expenditures pending the notice to Buyer or the pronouncement by the Independent Engineering Firm of its decision hereunder. The Party whose proposal is not selected shall pay the fees and expenses of the Independent Engineering Firm.
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Examples of Agreed Capital Expenditures in a sentence

  • Within forty-five (45) days after the Closing, Purchaser shall cause to be prepared and delivered to the Company a statement (the “Closing Statement”) setting forth Purchaser’s calculation of Purchased Cash and in reasonable detail demonstrating each component thereof (i.e., Purchaser’s calculation of the Cash Adjustment, Purchaser’s calculation of the Agreed Capital Expenditures and Purchaser’s calculation of the Cash Flow Adjustment).

  • Not less than two Business Days prior to the anticipated Closing Date, the Company shall deliver to Purchaser a statement in a form mutually agreed to by the Parties (the “Estimated Closing Statement”) setting forth in reasonable detail the Company’s good faith calculation of the Estimated Purchased Cash and demonstrating each component thereof (i.e., the Estimated Cash Adjustment, the estimated Agreed Capital Expenditures and the Estimated Cash Flow Adjustment).

  • Each of the Company and Purchaser shall, and shall cause its respective Subsidiaries and representatives to, cooperate and assist in the preparation of the Closing Statement and the calculation of the final Agreed Capital Expenditures, the final Cash Flow Adjustment, and the Final Cash Adjustment and, if applicable, in the conduct of any dispute resolution process pursuant to Section 1.4(c), including making available, to the extent necessary, books, records, work papers and appropriate personnel.


More Definitions of Agreed Capital Expenditures

Agreed Capital Expenditures means (a) those capital expenditures incurred in the ordinary course of business for the benefit of the Business during the period commencing on July 5, 2011 through the date of this Agreement and which were paid by Sellers or will be paid by Sellers and are evidenced by appropriate supporting documentation supplied by Sellers and which Sellers represent and agree do not exceed $145,168 and (b) those capital expenditures made in the ordinary course of business for the benefit of the Business which are incurred during the period commencing immediately after the date of this Agreement to the Closing Date and which have been or will be paid by Sellers and which are evidenced by appropriate supporting documentation supplied by Sellers and with respect to any such capital expenditures in excess of $500,000, Sellers have obtained Buyer’s prior written consent.
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Agreed Capital Expenditures means the capital expenditures, including tenant improvements, reflected on Schedule J hereto.
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Related to Agreed Capital Expenditures

  • Approved Capital Expenditures means Capital Expenditures incurred by Borrower and either (i) included in the Approved Annual Budget or (ii) approved by Lender, which approval shall not be unreasonably withheld or delayed.

  • Permitted Capital Expenditures has the meaning given that term in Section 9.12(b).

  • Unfinanced Capital Expenditures means, for any period, Capital Expenditures made during such period which are not financed from the proceeds of any Indebtedness (other than the Revolving Loans; it being understood and agreed that, to the extent any Capital Expenditures are financed with Revolving Loans, such Capital Expenditures shall be deemed Unfinanced Capital Expenditures).

  • Consolidated Capital Expenditures means, with reference to any period, the Capital Expenditures of the Borrower and its Subsidiaries calculated on a consolidated basis for such period.

  • Net Capital Expenditures means for any period the amount by which Capital Expenditures during such period exceeds reimbursements for such items during such period from any fund established pursuant to the Loan Documents.

  • Maintenance Capital Expenditures means cash expenditures (including expenditures for the addition or improvement to the capital assets owned by any Group Member or for the acquisition of existing, or the construction of new, capital assets) if such expenditures are made to maintain, including over the long term, the operating capacity or revenues of the Partnership Group.

  • Non-Financed Capital Expenditures means Capital Expenditures not financed by the seller of the capital asset, by a third party lender or by means of any extension of credit by Lender other than by means of an Advance under the Revolving Credit Facility.

  • Capital Expenditures means, with respect to any Person for any period, the aggregate amount of all expenditures (whether paid in cash or accrued as a liability) by such Person during that period for the acquisition or leasing (pursuant to a Capital Lease) of fixed or capital assets or additions to property, plant, or equipment (including replacements, capitalized repairs, and improvements) which should be capitalized on the balance sheet of such Person in accordance with GAAP.

  • Expansion Capital Expenditures means cash expenditures for Acquisitions or Capital Improvements. Expansion Capital Expenditures shall include interest (including periodic net payments under related interest rate swap agreements) and related fees paid during the Construction Period on Construction Debt. Where cash expenditures are made in part for Expansion Capital Expenditures and in part for other purposes, the General Partner shall determine the allocation between the amounts paid for each.

  • Unfunded Capital Expenditures means Capital Expenditures made through Revolving Advances or out of Borrowers’ own funds other than through equity contributed subsequent to the Closing Date or purchase money or other financing or lease transactions permitted hereunder.

  • Investment Capital Expenditures means capital expenditures other than Maintenance Capital Expenditures and Expansion Capital Expenditures.

  • Consolidated Maintenance Capital Expenditures means, for any period, the aggregate amount of expenditures for additions to property, plant, and equipment that are not Consolidated Expansion Capital Expenditures.

  • Maintenance Capital Expenditure means cash expenditures (including expenditures for the construction of new capital assets or the replacement, improvement or expansion of existing capital assets) by a Group Member made to maintain, over the long term, the operating capacity or operating income of the Partnership Group. For purposes of this definition, “long term” generally refers to a period of not less than twelve months.

  • Capital Expenditure Budget shall constitute an estimate for the applicable period of the capital expenditures required to (i) accomplish capital enhancement projects included in the most recently approved Strategic Plan, (ii) maintain and preserve the Partnership's assets in good operating condition and repair and (iii) achieve or maintain compliance with any HSE Law.

  • Capital Expenses expenses that are capital in nature or required under GAAP to be capitalized.

  • local expenditures means expenditures in the currency of the Borrower or for goods or services supplied from the territory of the Borrower; and

  • Capital Expenditure means expenditure on:

  • Capital Expenditure Reserve means, on an annual basis, an amount equal to $0.15 per square foot for each property owned by a Borrower or the Parent (or a Subsidiary thereof).

  • Planned Expenditures shall have the meaning provided in the definition of the term Excess Cash Flow.

  • Operating Expenditures means all Partnership Group expenditures, including, but not limited to, taxes, reimbursements of the General Partner, repayment of Working Capital Borrowings, debt service payments and capital expenditures, subject to the following:

  • Emergency Expenditures means any of the eligible expenditures set forth in the CERC Manual referred to in Section I.F.1(a) of Schedule 2 to this Agreement and required for the Contingent Emergency Response Part.

  • Consolidated Rental Expense means, for any period, on a consolidated basis for the Company and its Subsidiaries, the aggregate amount of fixed and contingent rentals payable in cash by the Company and its Subsidiaries with respect to leases of real and personal property (excluding capital lease obligations) determined in accordance with GAAP for such period (subject to Section 1.04(b)).

  • Qualified rehabilitation expenditures means capital

  • Exploration Expenditures means the sum of:

  • Net Working Capital Target means $0.00.

  • Consolidated Net Working Capital means (a) all current assets of the Company and its Restricted Subsidiaries except current assets from Oil and Gas Hedging Contracts, less (b) all current liabilities of the Company and its Restricted Subsidiaries, except (i) current liabilities included in Indebtedness, (ii) current liabilities associated with asset retirement obligations relating to oil and gas properties and (iii) any current liabilities from Oil and Gas Hedging Contracts, in each case as set forth in the consolidated financial statements of the Company prepared in accordance with GAAP (excluding any adjustments made pursuant to FASB ASC 815).