Anticipated Capital Expenditures definition
Anticipated Capital Expenditures means, as of the Date of Determination, DGD’s forecasted capital expenditures for the then-current Fiscal Quarter based upon (i) the amount budgeted by the Company and DGD for capital expenditures during such Fiscal Quarter in the Business Plan and (ii) reasonably anticipated capital expenditures during such Fiscal Quarter in connection with cost overruns or events or changes not contemplated at the time of preparation of the Business Plan. Anticipated Capital Expenditures expressly includes, without limitation, (i) all anticipated capital expenditures during such Fiscal Quarter to design, construct, install and place in service the New Facility, (ii) all amounts anticipated during such Fiscal Quarter to be necessary to fund the initial working capital for the operation of the New Facility, and (iii) all turnaround expenses during such Fiscal Quarter, whether or not required to be capitalized under GAAP. Reference may be had to any project execution plan, construction budget or similar budgeting documentation adopted or approved by the Board in connection with the New Facility as an aid in estimating the amounts referenced in clauses (i) and (ii) of the immediately preceding sentence.
Examples of Anticipated Capital Expenditures in a sentence
If either Member disagrees with the calculations of Excess Available Cash, Anticipated Adjusted EBITDA and/or Anticipated Capital Expenditures set forth in the Distribution Statement, such Member’s representative on the Board shall promptly notify the other Member’s representative on the Board (a “Notice of Disagreement”), and the Members shall promptly thereafter confer in a reasonable, good faith manner in an effort to agree upon any necessary changes to the relevant amount(s).