Unfinanced CAPEX definition

Unfinanced CAPEX means, for any period, Capital Expenditures less new long-term Indebtedness issued during such period to fund the Capital Expenditures.
Unfinanced CAPEX means, with respect to any Fiscal Period, Borrower’s capital expenditures for that Fiscal Period that were paid by Borrower or a Subsidiary from cash flow and not through financing.
Unfinanced CAPEX means for any period the portion of the following, calculated on a Consolidated basis, (a) the aggregate Capital Expenditures by the Company and its Restricted Subsidiaries during such period, less (b) the aggregate proceeds received by the Company and its Restricted Subsidiaries from the sale or other disposition (including trade-in credit) of capital assets during such period, less (c) all Indebtedness incurred by the Company and its Restricted Subsidiaries to finance Capital Expenditures (including Loans under the Agreement, but only if the proceeds thereof are used to acquire Revenue Equipment Collateral); provided, that, Unfinanced Capex shall not be less than zero dollars ($0) for the Measurement Period.

Examples of Unfinanced CAPEX in a sentence

  • Maintain on a Quarterly Basis (unless otherwise specified): Minimum Recurring Revenue * $ _______ Yes No Maximum Unfinanced CAPEX ** $ _______ Yes No Minimum Adjusted EBITDA *** $ _______ Yes No * As set forth in Section 6.7(a) of the Agreement.

  • The Borrower and Corporate Guarantors on a combined basis shall not permit the ratio of its EBITDA, minus taxes paid in cash, Distributions, shareholder advances, increases in intercompany or affiliated company receivables and Unfinanced CAPEX, to Interest Expense plus CMLTD, to be less than (i) 1.0 to 1.0 at June 30, 2008; (ii) 1.1 to 1.0 at September 30, 2008 and (iii) 1.2 to 1.0 at December 31, 2008 and thereafter for the 4 consecutive fiscal quarters ending at the end of each fiscal quarter.

  • The Borrower shall not permit the ratio of its EBITDA, minus taxes paid in cash(including any tax payments to its affiliates), minus Dividends and Distributions and Unfinanced CAPEX, minus loans and advances to any related individuals, partnership, corporation, limited liability company, trust or other organization or person plus non cash stock based compensations which are converted to capital, to Interest Expense plus CMLTD, to be less than 1.15 to 1.0, tested annually beginning December 31, 2017.

  • The Borrower shall not permit the ratio of its EBITDA, minus taxes paid in cash, Distributions and Unfinanced CAPEX, to Interest Expense plus CMLTD, to be less than 1.15 to 1.0 for any fiscal year for the 4 consecutive fiscal quarters ending at the end of each fiscal quarter.

  • The Combined Borrower's shall not permit the ratio of its EBITDA, minus taxes paid in cash, Distributions and Unfinanced CAPEX, to Interest Expense plus CMLTD, to be less than 1.25 to 1.00, for any fiscal quarter.

  • Maintain on a Quarterly Basis (unless otherwise specified): Minimum Recurring Revenue * $_______ Yes No Maximum Unfinanced CAPEX * * $_______ Yes No Minimum Adjusted EBITDA * ** $_______ Yes No * As set forth in Section 6.7(a) of the Agreement.

  • As of the end of each fiscal quarter, commencing with the fiscal quarter ending September 30, 2013, maintain its Fixed Charge Coverage Ratio at not less than 1.25:1.00; provided, however, that for the fiscal quarter ending June 30, 2014, no amount of Unfinanced CAPEX will be taken into account in calculating the Fixed Charge Coverage Ratio.

  • Maintain on a Quarterly Basis (unless otherwise specified): Minimum Recurring Revenue * $ _________ Yes No Maximum Unfinanced CAPEX (for 2010 fiscal year) $ 10,000,000 $ _________ Yes No Minimum Adjusted EBITDA ** $ _________ Yes No * As set forth in Section 6.7(a) of the Agreement.

  • Maintain on a Quarterly Basis (unless otherwise specified): Minimum Recurring Revenue * $_______ Yes No Maximum Net Unfinanced CAPEX * * $_______ Yes No Minimum Adjusted EBITDA * ** $_______ Yes No * As set forth in Section 6.7(a) of the Agreement.


More Definitions of Unfinanced CAPEX

Unfinanced CAPEX means, for any period, Capital Expenditures for such period paid in cash excluding (a) Capital Expenditures paid with proceeds of Indebtedness for money borrowed (except for the Loans) incurred to finance such Capital Expenditures, (b) Capital Expenditures financed by Indebtedness of the kind referred to in clause (f) of the definition of “Indebtedness” with respect to capital leases and (c) Capital Expenditures for the Bedford Facility.
Unfinanced CAPEX means for any period the sum of Capital Expenditures net of the amount of such Capital Expenditures financed by (i) the principal portion of term or capital lease indebtedness, or (ii) purchase money indebtedness permitted by this Agreement or approved by the Bank in writing prior to the incurrence thereof.
Unfinanced CAPEX means Capital Expenditures minus new long term Indebtedness issued during the applicable period plus the aggregate amount of all long-term Indebtedness prepaid during such period.
Unfinanced CAPEX means, for any period, Capital Expenditures less new long-term Indebtedness issued during such period to fund the Capital Expenditures. Uniform Commercial Code (“UCC”) means the Uniform Commercial Code as in effect in Massachusetts (Massachusetts General Laws, Chapter 106, §§1-101, et seq.).
Unfinanced CAPEX means, for any period, Capital Expenditures less new long-term Indebtedness issued during such period to fund the Capital Expenditures. EBITDA (after Taxes, Distributions and Unfinanced CAPEX) to Interest Expense plus CMLTD. The Borrower shall not permit the ratio of its EBITDA, minus taxes paid in cash(including any tax payments to its affiliates), minus Dividends and Distributions and Unfinanced CAPEX, minus loans and advances to any related individuals, partnership, corporation, limited liability company, trust or other organization or person plus non cash stock based compensations which are converted to capital, to Interest Expense plus CMLTD, to be less than 1.15 to 1.0, tested every quarter on a rolling four quarter basis commencing with the quarter ending June 30, 2015. SCHEDULE 1.6
Unfinanced CAPEX means, for any period of determination, Borrower’s Capital Expenditures not made with the proceeds of borrowings or other indebtedness.

Related to Unfinanced CAPEX

  • Unfinanced Capital Expenditures means, with respect to any Person and for any period, Capital Expenditures made by such Person during such period and not financed from any Net Cash Proceeds or Revolving Loans.

  • Non-Financed Capital Expenditures means Capital Expenditures paid in cash and not financed with Indebtedness for borrowed money.

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

  • 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.

  • Consolidated Capital Expenditures means, for any period, the aggregate of all expenditures of Company and its Subsidiaries during such period determined on a consolidated basis that, in accordance with GAAP, are or should be included in “purchase of property and equipment” or similar items reflected in the consolidated statement of cash flows of Company and its Subsidiaries.

  • Availability Reserve means without duplication, (a) the Rent and Charges Reserve; (b) the Hedge Product Reserve, (c) the Banking Services Reserve; provided that reserves of the type described in this clause (c) shall be instituted only after consultation with the Lead Borrower; (d) the Priority Payable Reserve; (e) the GST, HST Tax Reserve; (f) the Royalty Reserve; and (g) such additional reserves not otherwise addressed in clauses (a) through (f) above, in such amounts and with respect to such matters, as the Administrative Agent in its Permitted Discretion may elect to establish or modify from time to time. Notwithstanding anything to the contrary in this Agreement, (i) such Availability Reserves shall not be established or changed except upon not less than five (5) Business Days’ (or such shorter period as may be agreed by the Lead Borrower) prior written notice to the Lead Borrower, which notice shall include a reasonably detailed description of such applicable Availability Reserve being established (during which period (a) the Administrative Agent shall, if requested, discuss any such Availability Reserve or change with the Lead Borrower and (b) the Lead Borrower may take such action as may be required so that the event, condition or matter that is the basis for such Availability Reserve or change thereto no longer exists or exists in a manner that would result in the establishment of a lower Availability Reserve or result in a lesser change thereto, in a manner and to the extent reasonably satisfactory to the Administrative Agent), (ii) the amount of any Availability Reserve established by the Administrative Agent, and any change in the amount of any Availability Reserve, shall be limited to such Availability Reserve or changes as the Administrative Agent determines in its Permitted Discretion to be necessary (a) to reflect items that could reasonably be expected to adversely affect the value of the applicable Eligible Accounts or Eligible Inventory or (b) to reflect items that could reasonably be expected to adversely affect the enforceability or priority of the Administrative Agent’s Liens on the applicable Collateral, and (iii) the amount of any Availability Reserve established by the Administrative Agent, and any change in the amount of any Availability Reserve, shall have a reasonable relationship to the event, condition or other matter that is the basis for such Availability Reserve, criteria, rate or such change; provided that (x) no Availability Reserves may be established after the Closing Date based on circumstances, contingencies, events, conditions or matters known to the Administrative Agent as of the Closing Date for which no Availability Reserve was imposed on the Closing Date or criteria included in the definitions of Eligible Accounts or Eligible Inventory, in each case, as in effect on the Closing Date, unless such events, conditions or matters have changed in any material adverse respect since the Closing Date, (y) in no event shall any Availability Reserve with respect to any component of the Borrowing Base duplicate any Availability Reserve or adjustment already accounted for in determining eligibility criteria (including collection and/or advance rates) and (z) no Availability Reserve shall be imposed on the first 5% of dilution of Accounts and thereafter no dilution Availability Reserve shall exceed 1% for each incremental whole percentage in dilution over 5% (it being agreed that partial percentage point reserves are permitted (e.g., a reserve for 0.1 percentage points where dilution is 5.1%). Notwithstanding clause (i) of the preceding sentence, changes to the Availability Reserves solely for purposes of correcting mathematical or clerical errors (and such other changes as are otherwise agreed to by the Lead Borrower) shall only be subject to a notice period of one (1) Business Day, it being understood that no Default or Event of Default shall be deemed to result therefrom, if applicable, for a period of five (5) Business Days.

  • Unfunded Capital Expenditures means Capital Expenditures made with Internally Generated Funds and, for the avoidance of doubt, not including Capital Expenditures funded through or by funds provided by any Customer or supplier for such purpose.

  • Required Capital Level means an amount of capital equal to 0.5% of the initial principal amount of the Securitization Bonds.

  • Availability Reserves means, without duplication of any other Reserves or items to the extent such items are otherwise addressed or excluded through eligibility criteria, such reserves as Agent from time to time determines in its Permitted Discretion as being appropriate (a) to reflect the impediments to Agent’s ability to realize upon the Collateral, (b) to reflect claims and liabilities that Agent determines in its Permitted Discretion will need to be satisfied in connection with the realization upon the Collateral, (c) to reflect criteria, events, conditions, contingencies or risks which adversely affect any component of the Borrowing Base, or the assets, business, financial performance or financial condition of any Credit Party, or (d) to reflect that a Default or an Event of Default then exists. Without limiting the generality of the foregoing, Availability Reserves may include, in Agent’s Permitted Discretion, (but are not limited to) reserves based on: (i) Rent Reserves; (ii) customs duties, and other costs to release Inventory which is being imported into the United States of America; (iii) outstanding Taxes and other governmental charges, including, without limitation, ad valorem, real estate, personal property, sales, claims of the PBGC and other Taxes which may have priority over the interests of Agent in the Collateral; (iv) salaries, wages and benefits due to employees of any Borrower, (v) Customer Credit Liabilities, (vi) Customer Deposits, (vii) reserves for reasonably anticipated changes in the Appraised Value of Eligible Inventory between appraisals, (viii) warehousemen’s or bailee’s charges and other Permitted Liens which may have priority over the interests of Agent in the Collateral, (ix) amounts due to vendors on account of consigned goods, (x) Cash Management Reserves, (xi) Bank Products Reserves, and (xi) royalties payable in respect of licensed merchandise.

  • Average Excess Availability means, with respect to any period, the sum of the aggregate amount of Excess Availability for each Business Day in such period (calculated as of the end of each respective Business Day) divided by the number of Business Days in such period.

  • Committed Capital means $20,837,637.00 for 14,129,250 Class A Capital Units to be issued with respect to Members receiving Class A Capital Units in the Reorganization, and, with respect to any additional Members, the purchase price of the Capital Units subscribed for in any subsequent offering pursuant to a subscription agreement that has been accepted by the Company, regardless of whether such purchase price has been fully paid.

  • Non-Availability Charges has the meaning set forth in the CAISO Tariff.

  • Unrecovered Capital means at any time, with respect to a Unit, the Initial Unit Price less the sum of all distributions constituting Capital Surplus theretofore made in respect of an Initial Common Unit and any distributions of cash (or the Net Agreed Value of any distributions in kind) in connection with the dissolution and liquidation of the Partnership theretofore made in respect of an Initial Common Unit, adjusted as the General Partner determines to be appropriate to give effect to any distribution, subdivision or combination of such Units.

  • Excess Availability means, as of any date of determination, the amount equal to Availability minus the aggregate amount, if any, of all trade payables of Borrower and its Subsidiaries aged in excess of historical levels with respect thereto and all book overdrafts of Borrower and its Subsidiaries in excess of historical practices with respect thereto, in each case as determined by Agent in its Permitted Discretion.

  • Required Availability means Excess Availability and unrestricted cash and Cash Equivalents in an amount of not less than $5,000,000.

  • Consolidated Capital means the sum (without duplication) of (i) Consolidated Debt of the Borrower (without giving effect to the proviso in the definition of Consolidated Debt) and (ii) consolidated equity of all classes (whether common, preferred, mandatorily convertible preferred or preference) of the Borrower.

  • Borrowing Availability means, as of any date of determination, the lesser of (i) the Maximum Amount and (ii) the Borrowing Base, in each case, less the sum of the aggregate Revolving Loan and Swing Line Loan then outstanding.

  • Borrowing Base Availability means, at the time of any determination, an amount equal to the lesser of the Borrowing Base at such time and the aggregate amount of the Commitments at such time.

  • CAPEX means Capital Expenditure for the Project;

  • Undrawn Availability at a particular date shall mean an amount equal to (a) the lesser of (i) the Formula Amount, or (ii) the Maximum Revolving Advance Amount, minus the Maximum Undrawn Amount of all Letters of Credit, minus (b) the sum of (i) the outstanding amount of Revolving Advances, plus (ii) amounts due and owing to any Borrower’s trade creditors which are outstanding sixty (60) days or more past the due date thereof.

  • Maximum Availability has the meaning set forth in Section 2.1.1.

  • Average Availability means, with respect to any period, the sum of the aggregate amount of Availability for each Business Day in such period (calculated as of the end of each respective Business Day) divided by the number of Business Days in such period.

  • System Availability means, with respect to any particular calendar month, the ratio obtained by subtracting Unscheduled Downtime during such month from the Total Monthly Time, and thereafter dividing the difference so obtained by the Total Monthly Time. Represented algebraically, System Availability for any particular calendar month is determined as follows:

  • Excess Overcollateralization Amount With respect to any Distribution Date, the excess, if any, of (a) the Overcollateralization Amount on such Distribution Date over (b) the Required Overcollateralization Amount for such Distribution Date.

  • Revolving Availability means Class A Revolving Availability or Class B Revolving Availability, as applicable.

  • Debt Service Reserve Requirement means, as of any date of calculation, and for any Fiscal Year, the amount equal to the maximum Adjusted Aggregate Debt Service on Bonds in the current or any future Fiscal Year on all Bonds Outstanding; provided, however, that if, upon the issuance of a Series of Bonds, such amount would require moneys, in an amount in excess of the maximum amount permitted under the Code to be deposited therein from the proceeds of such Bonds, to be deposited therein, the Debt Service Reserve Requirement shall mean an amount equal to the sum of the Debt Service Reserve Requirement immediately preceding issuance of such Bonds and the maximum amount permitted under the Code to be deposited therein from the proceeds of such Bonds, as certified by an Authorized Representative of the Authority; provided, further, that, if (i) the payment of the Principal Installments of or interest on any Series of Bonds or portion thereof is secured by a Special Credit Facility, (ii) the payment of the Tender Option Price of any Option Bond of a Series is secured by a Special Credit Facility or (iii) the Authority has determined in a Supplemental Resolution authorizing the issuance of a Series of Bonds that such Series of Bonds will not be secured by the Common Account in the Debt Service Reserve Fund, the Supplemental Resolution authorizing such Series may specify the Debt Service Reserve Requirement, if any, for the Bonds of such Series: provided, further, that if, as a result of the expiration or termination of a Financial Guaranty, a deficiency shall be created in the Debt Service Reserve Fund, the Debt Service Reserve Requirement shall be calculated so as to exclude the amount of such deficiency and the Debt Service Reserve Requirement shall be increased in each of the five Fiscal Years after the date such deficiency was created by an amount equal twenty per centum (20%) of the aforesaid deficiency.For the purpose of calculating the Debt Service Reserve Requirement for any Variable Rate Bonds of a Series, the maximum Adjusted Debt Service on such Series shall be determined by reference to the Pro Forma Bond Issue for the Variable Rate Bonds of such Series set forth in the Supplemental Resolution authorizing such Series.