Excess Capital Expenditures definition

Excess Capital Expenditures has the meaning provided such term in Section 8.2(b)(ii).

Excess Capital Expenditures means the aggregate amount of Capital Expenditures (other than Permitted New Fiber Cap Ex) made during a given fiscal year in excess of $25,000,000;

Excess Capital Expenditures. As defined in Subsection 4.4(b).

Examples of Excess Capital Expenditures in a sentence

• For purposes of this Section 5.2(i), "Excess Capital Expenditures" shall mean, with respect to any fiscal year of the Company, the portion of the aggregate amount of consolidated Capital Expenditures of the Company and its Subsidiaries made during such fiscal year that exceeds the consolidated Depreciation Expense of the Company and its Subsidiaries for such fiscal year.

• The "INITIAL EARN-OUT AMOUNT" shall be (1) the product of seven multiplied by the Trailing EBITDA, less (2) the amount of Excess Capital Expenditures (as such terms are defined below), provided that if the resultant amount of this clause (2) would otherwise be less than zero, then such amount shall be zero.

• A workman may be fined up to two per cent of his wages in a month for the following acts and omissions, namely:2.

• The OWNER shall pay the CONSULTANT for additional services, which are not specifically called for in Attachment A, Scope of Services, in accordance with the CONSULTANT’s standard rates.

• HoldCo Buyer therefore agrees that, to the extent Operating Buyer, in its reasonable discretion, determines that Operating Entity Capital Expenditures are necessary or appropriate in accordance with good engineering practice in excess of the Plan, (“Excess Capital Expenditures”) and actually incurs such Excess Capital Expenditures during the Reimbursement Period, Holdco Buyer shall reimburse Operating Buyer for any such Excess Capital Expenditures up to an aggregate amount of $ 50 million.

More Definitions of Excess Capital Expenditures

Excess Capital Expenditures means the difference of (A) the amount of capital expenditures reasonably paid, incurred or committed to by Seller between the Execution Date and the date of the termination of this Agreement for capital expenditure projects made as a result of the written request of Buyer, and that Seller would not have reasonably been expected to be made or incurred in absence of this Agreement or Buyer’s request, and (B) the amount of capital expenditures that Seller could reasonably have been expected to be paid, incurred or committed to by Seller and its Affiliates, between the Execution Date and the date of termination of this Agreement, in the absence of this Agreement. Seller’s notice pursuant to this Section 8.2(b)(ii) shall contain Seller’s calculation of the amount to be reimbursed pursuant to this Section 8.2(b)(ii) together with a reasonably detailed explanation and supporting detail of the calculation thereof.

Excess Capital Expenditures means all capital expenditures made in cash by the Company or any of its Restricted Subsidiaries that are in excess of $15 million in the applicable twelve-month period.

Excess Capital Expenditures means, with respect to any fiscal year of the Company, the portion of the aggregate amount of consolidated Capital Expenditures of the Company and its Subsidiaries made during such fiscal year that exceeds the consolidated Depreciation Expense of the Company and its Subsidiaries for such fiscal year.

Excess Capital Expenditures means and include any capital expenditure of the Company in 2011 which is in excess of Ordinary Course Capital Expenditures.

Excess Capital Expenditures has the meaning set forth in Section 1.4(i) hereof.

Excess Capital Expenditures shall have the meaning set forth in Section 1.4(b).

Excess Capital Expenditures means the dollar amount of those capital items specifically approved by Buyer in writing and purchased by the Companies during the period beginning September 1, 1997 and ending on the Closing Date.