Approved CapEx definition
Examples of Approved CapEx in a sentence
In no event shall Lender have any obligation to make Future Advances (w) that are not for Approved CapEx Expenses, (x) in the aggregate in excess of the Future Advance Amount, (y) for the PIP Work in the aggregate in excess of the PIP Work Future Advance Amount and (z) for the Elective CapEx Work in the aggregate in excess of the Elective CapEx Work Future Advance Amount.
Amounts on deposit in the PIP Work Reserve Account shall be disbursed to Borrower for Approved CapEx Expenses related to the PIP Work in accordance with the same terms and conditions for the disbursement of Future Advances set forth in Section 2.5.1, as if incorporated herein, mutatis mutandis (although Borrower shall not be required to obtain the applicable ALTA 33-06 Disbursement Endorsement with respect to each draw).
For the avoidance of doubt, and notwithstanding anything to the contrary contained herein, Lender shall have no obligation to make any Future Advances (1) for Approved CapEx Expenses related to the PIP Work unless all of the PIP Work Conditions have been satisfied and (2) for Approved CapEx Expenses related to the Elective CapEx Work unless all of the Elective CapEx Work Conditions have been satisfied.
The proceeds of the Loans shall only be used by the Borrower for the purpose of (i) repayment of all Indebtedness under the Existing Senior Credit Facilities, (ii) payment of all transaction fees and expenses incurred in connection with the Loan Documents, and (iii) for general corporate purposes of the Borrower as set forth in the Approved CapEx Budget or the Approved Cash Flow and CapEx Budget, as applicable.
Acquire any assets, except in the ordinary course of business, consistent with good industry practice and provided that such expenditures are permitted pursuant to the Approved CapEx Budget or the Approved Cash Flow and CapEx Budget, as applicable; make any investments in or acquire any ownership or similar interest in any Person; or acquire or invest in any debt or Equity Securities issued by any Person, in each case without the prior written consent of the Lender.
Funds in the CapEx Reserve will be used for payment of Approved CapEx as provided in Article 3 upon compliance with the applicable terms and conditions of this Agreement.
From the date hereof until such time as an Approved Cash Flow and CapEx Budget is approved by the Lender in accordance with Section 6.2(a)(v), Schedule "C" shall be comprised of the Approved CapEx Budget.
Incur any Capital Expenditures other than as provided for in the Approved CapEx Budget or the Approved Cash Flow and CapEx Budget, as applicable, without the prior written consent of the Lender.