Cash Capital Expenditures Sample Clauses

Cash Capital Expenditures. Make or become legally obligated to make any cash Capital Expenditure, except for cash Capital Expenditures in the ordinary course of business not exceeding, in the aggregate for Holdings and its Subsidiaries during each Fiscal Year, $15,000,000; provided, however, if as of the last day of any Fiscal Year, Holdings and its Subsidiaries have made cash Capital Expenditures in the period consisting of four (4) Fiscal Quarters then ended in an aggregate amount less than the applicable amount set forth above, then so long as no Event of Default has occurred an amount equal to the lesser of (a) fifty percent (50%) of the unused portion of such permitted cash Capital Expenditures for such Fiscal Year (excluding any unused amounts carried over from the Fiscal Year prior to such Fiscal Year) and (b) $7,500,000 may be carried over for expenditure in the immediately following Fiscal Year, and if any such amount is so carried over, will be deemed used in the applicable subsequent Fiscal Year before the amount of permitted cash Capital Expenditures for such following Fiscal Year set forth above.
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Cash Capital Expenditures. A. Cash Capital Expenditures made during the Fiscal Year to date: $
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Cash Capital Expenditures. The Borrower will not permit the aggregate amount of Cash Capital Expenditures made by the Borrower and the Subsidiaries in any Fiscal Year to exceed $110,000,000. The amount of permitted Cash Capital Expenditures in respect of any Fiscal Year shall be increased by the lesser of (a) the amount of unused Cash Capital Expenditures for the immediately preceding Fiscal Year (less an amount equal to any
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Cash Capital Expenditures. The Borrower will not permit the aggregate amount of Cash Capital Expenditures made by the Borrower and the Subsidiaries in any Fiscal Year to exceed the lesser of $150,000,000 or an amount equal to the Borrower’s Consolidated EBITDA for the immediately preceding Fiscal Year. The amount of permitted Cash Capital Expenditures in respect of any Fiscal Year shall be increased by the lesser of (a) the amount of unused Cash Capital Expenditures for the immediately preceding Fiscal Year (less an amount equal to any unused Cash Capital Expenditures carried forward to such preceding Fiscal Year) and (b) $20,000,000; provided that in no event shall the amount of permitted Cash Capital Expenditures exceed $150,000,000 in any Fiscal Year.
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Cash Capital Expenditures. Make or commit to make any Cash Capital Expenditures except as provided in the Cash Flow Forecasts and reasonably acceptable to the Bank.
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Cash Capital Expenditures. Make Cash Capital Expenditures in any Fiscal Year which, when added to all Cash Capital Expenditures made by Parent and its consolidated Subsidiaries during such Fiscal Year, exceed, in the aggregate, $130,000,000.
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Cash Capital Expenditures. (a) None of the Borrowers or any of their Subsidiaries shall make any Cash Capital Expenditure if (i) an Event or Event of Default has occurred and is continuing or (ii) an Event or Event of Default would occur after giving effect to such Cash Capital Expenditure or (iii) if, as a result of such Cash Capital Expenditure, Cash Capital Expenditures by the Borrowers and their Subsidiaries in any Coverage Period would exceed the amounts, if any, set forth in the following table for such Coverage Period (or such lesser period as may be indicated) as the same may be increased or decreased in accordance with subsection (b) of this Section 10.17: ----------------------------------------------------------------------------- Cash Capital Fiscal Quarter(s) Fiscal Year Expenditures ----------------------------------------------------------------------------- Third Fiscal Quarter 1997 $19,000,000 ----------------------------------------------------------------------------- Two Fiscal Quarters 1997 $34,000,000 ending with Fourth Fiscal Quarter ----------------------------------------------------------------------------- Three Fiscal 1998 $49,000,000 Quarters ending with First Fiscal Quarter ----------------------------------------------------------------------------- Coverage Period 1998 $57,000,000 ending with Second Fiscal Quarter ----------------------------------------------------------------------------- Coverage Period 1998 $47,000,000 ending with Third Fiscal Quarter ----------------------------------------------------------------------------- Coverage Period 1998 $42,000,000 ending with Fourth Fiscal Quarter ----------------------------------------------------------------------------- Coverage Period 1999 $45,000,000 ending with First Fiscal Quarter ----------------------------------------------------------------------------- Coverage Period 1999 $45,000,000 ending with Second Fiscal Quarter ----------------------------------------------------------------------------- Coverage Period 1999 $45,000,000 ending with Third Fiscal Quarter ----------------------------------------------------------------------------- Coverage Period 1999 $45,000,000 ending with Fourth Fiscal Quarter ----------------------------------------------------------------------------- Coverage Period 2000 $50,000,000 ending with First Fiscal Quarter ----------------------------------------------------------------------------- ----------------------------------------------------------------------...
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Cash Capital Expenditures expenditures made from cash or from ------------------------- proceeds of the Revolving Loan (but not from the proceeds of a term loan or purchase money financing) for the acquisition of any fixed assets or improvements, replacements, substitutions, or additions thereto which have a useful life of more than one year, including the direct or indirect acquisition of such assets by way of increased product or service charges, offset items, or otherwise.
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Cash Capital Expenditures. Make or commit to make any Cash ------------------------- Capital Expenditures in any fiscal year exceeding a total of $1,000,000, excluding any Cash Capital Expenditures made with respect to construction on the Stockton, California Real Estate.
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Related to Cash Capital Expenditures

  • 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.

  • Capital Expenditures The Issuer shall not make any expenditure (by long-term or operating lease or otherwise) for capital assets (either realty or personalty).

  • Capital Expenditures, etc With respect to Capital Expenditures, the parties covenant and agree as follows:

  • Consolidated Capital Expenditures Holdings and Company shall not, and shall not permit their Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal Year (or portion of a Fiscal Year set forth below) in an aggregate amount in excess of the amount set forth below opposite such Fiscal Year (the “Maximum Consolidated Capital Expenditures Amount”): Fiscal Year Maximum Consolidated Capital Expenditures Amount Portion of Fiscal Year 2007 occurring following the Closing Date $ 10,000,000 2008 $ 11,000,000 2009 $ 12,000,000 2010 $ 13,000,000 2011 $ 14,000,000 2012 $ 15,000,000 2013 $ 16,000,000 Portion of Fiscal Year 2014 occurring prior to the Term Loan Maturity Date $ 17,000,000 provided that the Maximum Consolidated Capital Expenditures Amount for any Fiscal Year shall be increased by an amount equal to the excess, if any, of the Maximum Consolidated Capital Expenditures Amount for the previous Fiscal Year (without giving effect to any adjustment in accordance with this proviso) over the actual amount of Consolidated Capital Expenditures for such previous Fiscal Year (with Capital Expenditures in any Fiscal Year being deemed to have been made first from any amount carried forward from the preceding Fiscal Year), and may be further increased at the option of Company by an amount equal to 50% of the Maximum Consolidated Capital Expenditures Amount for the succeeding Fiscal Year; provided, further, that in addition to the amounts set forth above, Holdings and its Subsidiaries may make Consolidated Capital Expenditures up to the Specified Equity Amount. Any usage of the succeeding Fiscal Year’s Maximum Consolidated Capital Expenditures Amount shall be deducted from the Maximum Consolidated Capital Expenditures Amount available for such succeeding Fiscal Year. After the consummation of any Permitted Acquisition permitted hereunder, the Maximum Consolidated Capital Expenditures Amount for any Fiscal Year shall be increased in an amount equal to 110% of the average annual amount of capital expenditures made by the Person or business so acquired as reflected in the financial statements of such Person or business during the two fiscal years preceding such Permitted Acquisition.

  • Capital Expenditure Make or incur any Capital Expenditure if, after giving effect thereto, the aggregate amount of all Capital Expenditures by Borrower in any fiscal year would exceed the amount set forth on the Schedule;

  • Maximum Consolidated Capital Expenditures Holdings shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal Year, in an aggregate amount for Holdings and its Subsidiaries in excess of $125,000,000; provided, such amount for any Fiscal Year shall be increased by an amount equal to the excess, if any (but in no event more than $62,500,000), of such amount for the immediately preceding Fiscal Year (with the above scheduled amount for any Fiscal Year being used prior to any amount carried over from the preceding Fiscal Year) over the actual amount of Consolidated Capital Expenditures for such previous Fiscal Year; provided, further, so long as no Default shall have occurred and being continuing or would result therefrom, Holdings and its Subsidiaries may also make Consolidated Capital Expenditures in an amount not to exceed the Cumulative Growth Amount immediately prior to the making of such Consolidated Capital Expenditures (but the amount of Consolidated Capital Expenditures made from the Cumulative Growth Amount in any Fiscal Year shall not exceed 50% of the above scheduled amount of Consolidated Capital Expenditures that would have otherwise been permitted to made in such Fiscal Year pursuant to this Section 6.7(c)); and provided, further that for each Permitted Acquisition consummated in any Fiscal Year and, if consummated, the SDI Acquisition in the Fiscal Year ending December 31, 2011, the maximum amounts set forth above for such Fiscal Year and for every Fiscal Year thereafter shall be increased by an amount equal to 110% of the quotient obtained by dividing (A) the amount of Consolidated Capital Expenditures made by the acquired Person or business for the thirty-six month period immediately preceding the consummation of such Permitted Acquisition or SDI Acquisition as determined by the financial statements for such acquired Person or business by (B) three (3).

  • XXXXXX’S EXPENDITURES If any action or proceeding is commenced that would materially affect Xxxxxx's interest in the Collateral or if Borrower fails to comply with any provision of this Agreement or any Related Documents, including but not limited to Borrower's failure to discharge or pay when due any amounts Borrower is required to discharge or pay under this Agreement or any Related Documents, Lender on Borrower's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on any Collateral and paying all costs for insuring, maintaining and preserving any Collateral. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Xxxxxxxx. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity.

  • Limitation on Capital Expenditures Make or commit to make (by way of the acquisition of securities of a Person or otherwise) any expenditure in respect of the purchase or other acquisition of fixed or capital assets (excluding any such asset acquired in connection with normal replacement and maintenance programs properly charged to current operations) except for:

  • LENDER'S EXPENDITURES If any action or proceeding is commenced that would materially affect Lender's interest in the Collateral or if Borrower fails to comply with any provision of this Agreement or any Related Documents, including but not limited to Borrower's failure to discharge or pay when due any amounts Borrower is required to discharge or pay under this Agreement or any Related Documents, Lender on Borrower's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on any Collateral and paying all costs for insuring, maintaining and preserving any Collateral. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Borrower. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity.

  • Expenditures The Assuming Institution will pay such bills and invoices on behalf of the Receiver and the Corporation as the Receiver or the Corporation may direct for the period beginning on the date of the Bank Closing Date and ending on Settlement Date. The Assuming Institution shall submit its requests for reimbursement of such expenditures pursuant to Article VIII of this Agreement.

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