Capital Expenditure Reserve Fund Sample Clauses

Capital Expenditure Reserve Fund. Commencing with the first Monthly Payment Date after all Capital Expenditure Future Advances have been fully disbursed to Borrower, Borrower shall deposit with Agent (or cause to be deposited with Agent pursuant to the Cash Management Agreement) on each Monthly Payment Date the amount of Five Thousand Four Hundred Eighty Three Dollars and 88/100 ($5,483.88) to be utilized for the payment of annual Capital Expenditures as set forth in any Approved Annual Budget or otherwise approved by Agent, which approval shall not be unreasonably withheld or delayed. Amounts deposited pursuant to this Section 6.4.1 are referred to herein as the “Capital Expenditure Funds”. The Capital Expenditures Funds shall be held in the Capital Expenditures Reserve Subaccount (as defined in the Cash Management Agreement), which shall be an Interest Bearing Account.
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Capital Expenditure Reserve Fund. 40 Section 8.3 Short-Term and Long-Term Capital Improvement Plan 41 Section 8.4 Performance of Capital Improvements 41 Section 8.5 Building Enhancements 42 Section 8.6 Alterations 43 Section 8.7 Title to Alterations, Building Enhancements and Capital Improvements 43 Section 8.8 Emergency Repairs 44 Section 8.9 City’s and Other Governmental Access 44 Section 8.10 Liens 44 ARTICLE IX INDEMNIFICATION 45 Section 9.1 Indemnification and Payment of Damages by Saints 45 Section 9.2 Additional Indemnification by Saints 45 ARTICLE X INSURANCE; RESTORATION 45 Section 10.1 Insurance 45 Section 10.2 Restoration 47 ARTICLE XI EMINENT DOMAIN 47 Section 11.1 Termination for Condemnation 47 Section 11.2 Allocation of Award 48 Section 11.3 Performance of Work 48 Section 11.4 Temporary Taking 48 ARTICLE XII ENVIRONMENTAL MATTERS 49 Section 12.1 Covenants of the Parties 49 Section 12.2 Saints Indemnity of City 49 ARTICLE XIII DEFAULT AND REMEDIES 50 Section 13.1 Saints Events of Default 50 Section 13.2 City Events of Default 51 Section 13.3 Remedies Upon Saints Event of Default 51
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Capital Expenditure Reserve Fund. 12.1 As a demonstration of its commitment to the Media Zone, DDMG and twofour54 shall enter into an escrow agreement (Escrow Agreement) whereby DDMG places nineteen million United States Dollars (US$19,000,000) (Escrow Monies) in escrow, with all interest accrued on the account payable to DDMG. The Escrow Agreement will be on mutually agreeable terms with standard commercial terms based on international practices, including approvals by all Parties relating to the release of the Escrow Monies. The terms of the Escrow Agreement will not obligate DDMG to deposit the Escrow Monies with the escrow agent until 180 days after the Effective Date. The escrow agent will be HSBC. The Escrow Monies will be held in a neutral country jurisdiction.
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Capital Expenditure Reserve Fund. 8.6.1 The City shall establish a system to account for, and shall maintain records of all funds deposited into or withdrawn from, the Capital Expenditure Reserve Fund, together with all interest and investment earnings on such funds.
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Capital Expenditure Reserve Fund 
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Related to Capital Expenditure Reserve Fund

  • Maximum Capital Expenditures Make or commit to make, or allow any of its Subsidiaries to make or commit to make, Capital Expenditures exceeding, in the aggregate for each Fiscal Year until the Termination Date, the greater of (A) EBITDA for such Fiscal Year, less the sum of (I) cash interest expense for such Fiscal Year, plus (II) amounts paid under Section 2.03 and all principal payments under the GECC Capital Lease and the NTFC Capital Lease (a) during Fiscal Year 2002 (for purposes of calculating the maximum Capital Expenditures for Fiscal Year 2003) or (b) during Fiscal Year 2004 or the applicable Fiscal Year thereafter (for purposes of calculating the maximum Capital Expenditures for Fiscal Year 2004 or the applicable succeeding Fiscal Year, as the case may be), or (B) $10,000,000 for Fiscal Year 2003 and $15,000,000 for each Fiscal Year thereafter. For purposes of calculating maximum Capital Expenditures, the amount calculated in item (II) above shall be deemed not to have exceeded $20,000,000 for Fiscal Year 2004 and shall be deemed not to have exceeded $30,000,000 for Fiscal Year 2005. Compliance with this Section 5.02(q)(i) shall be measured at the end of each Fiscal Year, commencing with Fiscal Year 2003. To the extent the Borrower’s actual Capital Expenditures for any Fiscal Year are less than the maximum Capital Expenditures for such Fiscal Year computed as aforesaid, the Borrower may increase Capital Expenditures for the subsequent Fiscal Year by an amount equal to the amount by which such maximum Capital Expenditures exceed such actual Capital Expenditures, but not by an amount which exceeds $5,000,000. For the purposes of this Section 5.02(q)(i) only, Capital Expenditures shall not include the Contingent Payments and any payment made in respect of that certain litigation arising from or in relating in any way to the use of rights of way granted to the Borrower by Mississippi Power Company; provided, that, to the extent that payment made in respect of such litigation is equal to or greater than $5,000,000, the Borrower shall deliver to the Agent prior to the payment thereof, a statement that the Borrower will have not less than $11,500,000 in cash and Cash Equivalents (excluding any insurance proceeds deposited with the Collateral Agent as described in clause (C) of the proviso in the definition of “Extraordinary Receipts”) after making such payment, certified by the Chief Financial Officer of the Parent.

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