Maintenance Capital Expenditures. Borrower and its Restricted Subsidiaries may make Maintenance Capital Expenditures in an aggregate amount not to exceed in any Fiscal Year the greater of (i) $85,000,000 and (ii) 5.00% of the gross revenues of Borrower and its Restricted Subsidiaries on a consolidated basis in such Fiscal Year (the “Maximum Maintenance Capital Expenditures Amount”); provided that the Maximum Maintenance Capital Expenditures Amount for any Fiscal Year shall be increased by an amount equal to the excess, if any, of the Maximum Maintenance Capital Expenditures Amount for the previous Fiscal Year (as adjusted in accordance with this proviso) over the actual amount of Maintenance Capital Expenditures for such previous Fiscal Year, up to a maximum increase of $20,000,000 in any Fiscal Year.
Maintenance Capital Expenditures. Make, or become legally obligated to make, any Maintenance Capital Expenditure in any Fiscal Year if, giving effect thereto, the aggregate of all Maintenance Capital Expenditures made by Parent in that Fiscal Year PLUS all Maintenance Capital Expenditures made by Borrowers (in that Fiscal Year would exceed $27,000,000 for any Fiscal Year; PROVIDED, that such amount shall be increased for the Fiscal Year ending December 31, 2000 and each subsequent Fiscal Year by the amount (not exceeding $3,000,000), if any, by which actual Maintenance Capital Expenditures of Borrowers and Parent in the immediately preceding Fiscal Year were less than $27,000,000.
Maintenance Capital Expenditures. Borrowers will not, and will not permit any Loan Party or its Subsidiaries to, make, or be committed to make, Maintenance Capital Expenditures which in the aggregate in any period set forth below exceed the maximum amount set forth below opposite such period. Period Maximum Amount Effective Date through Fiscal Year ending December 31, 2013 $ 1,000,000 Fiscal Year ending December 31, 2014 $ 2,000,000 Fiscal Year ending December 31, 2015 $ 2,000,000 January 1, 2016 through Maturity Date $ 1,000,000
Maintenance Capital Expenditures. “Maintenance Capital Expenditures” means any cash capital expenditures incurred after the completion of the Merger to maintain vessels and other assets, replacement of equipment on the vessels, repairs and similar expenditures, but excluding capital expenditures related to drydocking and capital expenditures for or related to the acquisition of additional vessels, and including capital expenditures for replacement of a vessel as a result of damage or loss prior to normal retirement, net of any insurance proceeds, warranty payments or similar property not treated as cash receipts for purposes of calculating Operating Surplus.
Maintenance Capital Expenditures. The Company shall not, and shall cause its Subsidiaries not to, make Maintenance Capital Expenditures in any Yearly Period in an aggregate amount in excess of the corresponding limit for such Yearly Period as set forth in the second column below (or, in the case of a Yearly Period consisting of less than 365 days, a proportionally lower amount based upon the number of days in such Yearly Period); provided, however, that at the end of each Yearly Period the amounts set forth in the second column below for the following Yearly Period shall be deemed to be (i) reduced in the event of one or more Asset Sales by the Company or its Subsidiaries during the Yearly Period most recently ended by multiplying such number by a fraction, the numerator of which is equal to the Consolidated Assets of the Company on the last day of the Yearly Period most recently ended, without considering the proceeds of the Asset Sales, and the denominator of which is equal to the Consolidated Assets of the Company on the last day of the Yearly Period immediately preceding the Yearly Period most recently ended, and (ii) increased in the event of one or more acquisitions by the Company or its Subsidiaries of tractors, trailers, vans or other equipment used by the Company or any of its Subsidiaries in the operation of the Trism Business by multiplying such number by a fraction, the numerator of which is equal to the Consolidated Assets of the Company on the last day of such calendar year and the denominator of which is equal to the Consolidated Assets of the Company on the last day of the immediately preceding calendar year: YEARLY PERIOD MAXIMUM MAINTENANCE ------------- ------------------- ENDING CAPITAL EXPENDITURES ------ -------------------- December 31, 2000 $35,000,000 December 31, 2001 $35,000,000 December 31, 2002 $35,000,000 December 31, 2003 $35,000,000 December 31, 2004 $35,000,000 Maturity Date $ 3,355,000
Maintenance Capital Expenditures. For the fiscal year ending December 31, 2015, the Borrower will not make Maintenance Capital Expenditures in an amount in excess of 6.50% of Total Revenues for the immediately preceding fiscal year (aggregated with Maintenance Capital Expenditures of its Subsidiaries). For the fiscal year ending December 31, 2016 and each fiscal year thereafter, the Borrower will not make Maintenance Capital Expenditures in an amount in excess of 5.00% of Total Revenues for the immediately preceding fiscal year (aggregated with Maintenance Capital Expenditures of its Subsidiaries).
Maintenance Capital Expenditures. Permit the aggregate amount of Maintenance Capital Expenditures made in any period set forth below, to exceed the amount set forth opposite such period below: Maintenance Capital Period Expenditures Fiscal year ending July 31, 2010 $ 10,370,000 Fiscal year ending July 31, 2011 $ 4,448,000 Fiscal year ending July 31, 2012 $ 4,448,000 Fiscal year ending July 31, 2013 and each fiscal year thereafter $ 4,448,000 provided, however, that (x) if the aggregate amount of Maintenance Capital Expenditures made in any fiscal year shall be less than the maximum amount of Maintenance Capital Expenditures permitted under this Section 6.10(c)(i) for such fiscal year (before giving effect to any carryover), then an amount of such shortfall not exceeding 50% of such maximum amount (without giving effect to clause (z) below) may be added to the amount of Maintenance Capital Expenditures permitted under this Section 6.10(c)(i) for the immediately succeeding (but not any other) fiscal year and (y) in determining whether any amount is available for carryover, the amount expended in any fiscal year shall first be deemed to be from the amount allocated to such fiscal year (before giving effect to any carryover).
Maintenance Capital Expenditures. The Borrower will not, and will not permit any of its Subsidiaries to, make any Maintenance Capital Expenditures, except that the Subsidiaries of the Borrower may make Maintenance Capital Expenditures in an amount not to exceed $15,000,000 in any fiscal year.
Maintenance Capital Expenditures. All Capital Expenditures other than Improvement Capital Expenditures, New Site Capital Expenditures and Remodeling Capital Expenditures. MAJORITY BANKS. As of any date, any combination of Banks, excluding Delinquent Banks, whose aggregate Revolving Credit Commitments constitute at least fifty-one percent (51%) of the Total Revolving Credit Commitment (excluding the Revolving Credit Commitments of such Delinquent Banks) or, if the Total Revolving Credit Commitment has been terminated, any combination of Banks, excluding Delinquent Banks, holding at least fifty-one percent (51%) of the outstanding principal amount of the Notes on such date (excluding amounts outstanding on the Notes payable to such Delinquent Banks).
Maintenance Capital Expenditures. 17 Margin............................................................................................. 17
