Common use of Limitation on Capital Expenditures Clause in Contracts

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 Expenditure, except (a) 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 Permitted Capital Expenditure Amount; provided, that (a) $25,000,000 plus (bi) so long as no Default or Event of Default has shall have occurred and is be continuing or would occur as a result therefromthereof, the Available Amount at such time; provided that (i) any such amountamount 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 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, second, in respect of amounts permitted for such fiscal year as provided 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 SubsidiariesReinvestment Deferred Amount.

Limitation on Capital Expenditures. Make or commit to make any Capital Expenditure, except (a) Capital Expenditures made with the proceeds of any Reinvestment Deferred Amount, (b) Capital Expenditures of the Borrower and its Subsidiaries in the ordinary course of business not exceeding an aggregate amount $50,000,000 for any fiscal year equal to of 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 therefromBorrower; provided, the Available Amount at such time; provided that (i) up to $10,000,000 of any such amountamount referred to above in this clause (b), 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 (b) 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 above, and (bc) upon the repayment in full of the Existing Convertible Notes and the Term Loans, and subject to the Consolidated Liquidity being not less than $50,000,000 after giving effect to such Capital Expenditure, the Borrower may make Capital Expenditures made with the proceeds of settlement or payment in respect of an aggregate amount for any property or casualty insurance claim, or any condemnation proceeding relating fiscal year not to any asset of the Borrower or its Subsidiariesexceed $80,000,000.

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 25,000,000plus (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 ExpenditureExpenditure (other than any Capital Expenditure in connection with a Permitted Business Acquisition the amount of which is included in the calculation thereof), except (a) Capital Expenditures of the Parent Borrower and its Subsidiaries in the ordinary course of business not exceeding an aggregate amount $30,000,000 for any each 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 therefromyear, 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 in, but only 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 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, second, in respect of amounts permitted for such fiscal year as provided 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 SubsidiariesReinvestment 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 Expenditure, except (a) Capital Expenditures of the Borrower and its Subsidiaries in the ordinary course of business not exceeding an aggregate amount for $35,000,000 in any fiscal year equal of the Borrower ending on or prior to the sum of (a) December 31, 1998 or $25,000,000 plus (b) so long as no Default or Event of Default has occurred and is continuing or would result therefrom40,000,000 in any subsequent fiscal year; provided, the Available Amount at such time; provided that (i) up to $15,000,000 of any such amountamount 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 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, second, in respect of amounts permitted for such fiscal year as provided above and (b) Capital Expenditures made pursuant to an Asset Swap or with the proceeds of settlement or payment in respect of any property or casualty insurance claimReinvestment Deferred Amount, any Unapplied Excess Cash Flow or any condemnation proceeding relating to any asset of the Borrower or its SubsidiariesContributed Equity.

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 not exceeding an aggregate amount exceeding, 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 therefromset forth below, the Available amount set forth below opposite such fiscal year: Fiscal Year Amount at such time; provided ----------- ------- 1999 $5,500,000 2000 $6,000,000 2001 $6,500,000 2002 $7,000,000 2003 $7,000,000 2004 $7,000,000 provided, that (i) any such amountamount 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 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 preceding this proviso in the table above and second, in respect of amounts carried over from the prior fiscal year pursuant to subclause (i) above and (iii) the Borrower may make additional Capital Expenditures during FY 1999 in the form of Capital Lease Obligations in an aggregate amount not exceeding $500,000 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 SubsidiariesReinvestment Deferred Amount.

Limitation on Capital Expenditures. Make or commit to make any Capital Expenditure, except (a) Capital Expenditures of the Borrower and its Subsidiaries Group Members in the ordinary course of business not exceeding an aggregate amount for any $60,000,000 per fiscal year equal to plus, in each fiscal year, 10.0% of revenues for the sum of (a) $25,000,000 plus (b) so long immediately preceding fiscal year from any Permitted Acquisitions or any exchange or “swap” as no Default or Event of Default has occurred and is continuing or would result therefrom, the Available Amount at such timepermitted by Section 7.5(g); provided that (i) up to 50% of any such amountamount referred to above for any fiscal year, 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 only and (ii) Capital Expenditures made pursuant to this clause (a) during any fiscal year shall be deemed made, made first, in respect of amounts originally permitted for such fiscal year as provided preceding this proviso above and second, second in respect of amounts carried over from the prior fiscal year pursuant to subclause (i) above and above, (b) Capital Expenditures made with the proceeds of settlement or payment in respect any Reinvestment Deferred Amount and (c) the acquisition of any property or casualty insurance claim, or any condemnation proceeding relating capital assets pursuant to any asset of the Borrower or its SubsidiariesAcquisition Documentation.