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:
Limitation on Capital Expenditures. Make or commit to make any Capital Expenditures except:
Limitation on Capital Expenditures. Make or commit to make any Capital Expenditure, except (a) Capital Expenditures of the Borrower and its Subsidiaries in the ordinary course of business in any fiscal year of the Borrower not exceeding the amount set forth below opposite such fiscal year: Fiscal Year Amount ----------- ------ 2002 $ 8,500,000 2003 $ 9,000,000 2004 $10,000,000 2005 $12,000,000 2006 $12,000,000 2007 $12,000,000 ; provided, that (i) up to 50% of any such amount referred to above (without giving effect to any additional Capital Expenditures permitted during such fiscal year pursuant to clause (ii) below), if not so expended in the fiscal year for which it is permitted (as to such fiscal year, the "CapEx Carryforward Amount"), may be carried over for expenditure in the next succeeding fiscal year, (ii) Capital Expenditures made pursuant to this clause (a) during any fiscal year shall be deemed made, first, in respect of amounts permitted for such fiscal year as provided above and, second, in respect of amounts carried over from the prior fiscal year pursuant to subclause (i) above, (b) Capital Expenditures made with the proceeds of any Reinvestment Deferred Amount,
Limitation on Capital Expenditures. Make or commit to make any Capital Expenditure in any Fiscal Year, except: (a) Capital Expenditures of Borrower or Restricted Subsidiaries of Borrower in the ordinary course of business not exceeding an amount equal to Consolidated EBITDA of Borrower and its Restricted Subsidiaries for the prior Fiscal Year multiplied by 0.35; provided that, (w) such amount shall be increased with respect to any Restricted Subsidiary acquired, or any assets acquired in a Permitted Acquisition, in each case in the then current Fiscal Year, by an amount equal to (i) Consolidated EBITDA of such acquired Restricted Subsidiary (calculated by reference to such acquired Restricted Subsidiary and its Restricted Subsidiaries only) during the last fiscal year of such Restricted Subsidiary for which audited financial statements are available, or (ii) the Consolidated EBITDA that would have been attributable to such acquired assets during the prior fiscal year (as reasonably determined by Borrower and approved by Administrative Agent), in each case, multiplied by 0.35, multiplied by a fraction, the numerator of which is 365 minus the number of days that elapsed in the then current Fiscal Year of Borrower prior to such acquisition, and the denominator of which is 365, (x) the amount available for Capital Expenditures in any Fiscal Year pursuant to this clause (a) and unused in such Fiscal Year may be carried forward to the immediately following Fiscal Year and may be used in such following Fiscal Year only (it being understood that unused amounts under the Fifth Restated Credit Agreement with respect to Fiscal Year 2009 may be carried forward to Fiscal Year 2010), (y) such carried forward amount will be used first in such following Fiscal Year, prior to using the amount otherwise available in such Fiscal Year pursuant to this clause (a), and (z) the maximum amount available of Capital Expenditures in any Fiscal Year that may be carried forward to the immediately following Fiscal Year shall not exceed the amount available for Capital Expenditures in such first Fiscal Year (without taking into account any amount carried over from the previous Fiscal Year); and (b) Capital Expenditures of Borrower and its Restricted Subsidiaries to the extent of any Net Cash Proceeds received by Borrower as a capital contribution or from issuances or sales to Holdings of Capital Stock of Borrower, in each case after the Fourth Restated Credit Agreement Closing Date, to the extent that (x) such Net Cash Pr...
Limitation on Capital Expenditures. Make or commit to make (by way of the acquisition of securities of a Person or otherwise) any Capital Expenditure, except (a) Capital Expenditures of the Borrower and its Subsidiaries in the ordinary course of business not exceeding $20,000,000 per annum; provided that (i) up to $5,000,000 of any such amount referred to above, if not so expended in the fiscal year for which it is permitted, may be carried over for expenditure in the next succeeding fiscal year and (ii) Capital Expenditures made pursuant to this clause (a) during any fiscal year shall be deemed made, first, in respect of amounts carried over from the prior fiscal year pursuant to subclause (i) above and, second, in respect of amounts permitted for such fiscal year as provided above and (b) Capital Expenditures made with the proceeds of any Reinvestment Deferred Amount.
Limitation on Capital Expenditures. Make or commit to make any Capital Expenditure, except Capital Expenditures of the Company and its Subsidiaries made so long as at the time of the making thereof and after giving effect (including pro forma effect) thereto, the Borrowers are in compliance with Section 6.18.
Limitation on Capital Expenditures. Make or commit to make any Capital Expenditure, except (a) Capital Expenditures of the Borrower and its Restricted Subsidiaries in the ordinary course of business not exceeding in any fiscal year the lesser of (i) $14,000,000 and (ii) 2.00% of the amount of net sales of the Borrower and its Restricted Subsidiaries for such fiscal year, determined in accordance with GAAP and (b) Capital Expenditures made with the proceeds of any Reinvestment Deferred Amount.
Limitation on Capital Expenditures. Make or commit to make (by ---------------------------------- way of the acquisition of securities of a Person or otherwise) any Capital Expenditures exceeding, in the aggregate, (a) in the period commencing February 1, 1998 and ending August 2, 1998, $9,000,000 which amount shall be increased to $17,000,000 in the aggregate if the Borrower enters into the TVN Agreement, and (b) in each fiscal year thereafter, 8% of the Borrower's Revenues for the immediately preceding four fiscal quarters; provided that (a) the foregoing -------- limits shall not include (i) Permitted Acquisitions, (ii) capital expenditures for improvements to real property utilizing funds which constitute Permitted Indebtedness under clause (e) of the definition thereof and (iii) expenditures for the restoration, replacement or rebuilding of Post Production Assets for which the Borrower or any Subsidiary has received and is utilizing Net Insurance Proceeds and (b) the maximum amount of Capital Expenditures permitted to be made by the Borrower and its Subsidiaries in any fiscal year shall be increased by the amount of Capital Expenditures that the Borrower was permitted to make in the immediately prior fiscal year (commencing with the fiscal year ending August 2, 1998) as set forth above but failed to expend in such year (the "Carryover --------- Amount") (it being understood that (i) Capital Expenditures shall be deemed to ------ have been spent as follows: first, amounts attributable to the present fiscal ----- year and second, any Carryover Amount and (ii) the Carryover Amount for the ------ fiscal year ending August 2, 1998 (to be utilized in the fiscal year ending August 1, 1999) shall include, if the Borrower enters into the TVN Agreement on or prior to August 2, 1998, any portion of the additional $8,000,000 that was available for Capital Expenditures during such year but was not utilized).
Limitation on Capital Expenditures. Make or commit to make any Capital Expenditure, except Capital Expenditures of the Borrower and its Subsidiaries in the ordinary course of business not exceeding an aggregate amount for any fiscal year equal to the sum of (a) $25,000,000 plus (b) so long as no Default or Event of Default has occurred and is continuing or would result therefrom, the Available Amount at such time; provided that (i) any such amount, if not so expended in the fiscal year for which it is permitted, may be carried over for expenditure in the next succeeding fiscal year and (ii) Capital Expenditures made pursuant to this clause during any fiscal year shall be deemed made, first, in respect of amounts permitted for such fiscal year as provided preceding this proviso above and second, in respect of amounts carried over from the prior fiscal year pursuant to subclause (i) above and (b) Capital Expenditures made with the proceeds of settlement or payment in respect of any property or casualty insurance claim, or any condemnation proceeding relating to any asset of the Borrower or its Subsidiaries.
Limitation on Capital Expenditures. Make or commit to make (by way of the acquisition of securities of a Person or otherwise) any Capital Expenditures (excluding any such asset acquired in connection with normal replacement and maintenance programs properly charged to current operations) except for Capital Expenditures in the ordinary course of business not exceeding, in the aggregate for the Borrower and its Subsidiaries during any of the fiscal years of the Borrower, the amount set forth opposite the applicable Leverage Ratio (determined on the last day of the prior fiscal year) for the Borrower and its Subsidiaries, Leverage Ratio Amount Greater than or equal to 3.00:1.00 $3,500,000 Less than 3.00:1.00 but greater than or equal to 2.50:1.0 $4,000,000 Less than 2.5:1.00 $4,250,000 provided, that (i) if at the end of any fiscal year of the Borrower, the amount specified pursuant to this section for such Capital Expenditures during such fiscal year exceeds the aggregate amount of Capital Expenditures made or incurred by the Borrower and its Subsidiaries on a consolidated basis during such fiscal year (the amount of such excess being referred to herein as the "Excess Amount"), the Borrower and its Subsidiaries shall be entitled to make additional Capital Expenditures in the succeeding fiscal year (and only in such succeeding fiscal year) in an aggregate amount equal to the Excess Amount and (ii) Capital Expenditures made pursuant to this subsection 6.8 during any fiscal year shall be deemed made first, in respect of amounts permitted for such fiscal year as provided above (without giving effect to amounts carried over from the prior fiscal year pursuant to clause (i) above) and second, in respect of the Excess Amount carried over from the prior fiscal year pursuant to clause (i) above.
