Common use of Maximum Capital Expenditures Clause in Contracts

Maximum Capital Expenditures. Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Maximum Capital Period Expenditures per Period ------ ----------------------- Fiscal Year ending December 31, 2003 $ 42,500,000 Fiscal Year ending December 31, 2004 $ 53,500,000 Fiscal Year ending December 31, 2005 $ 62,000,000 Fiscal Year ending December 31, 2006 $ 74,000,000 Fiscal Year ending December 31, 2007 $ 86,000,000 Fiscal Year ending December 31, 2008 $100,000,000 and each Fiscal Year thereafter ; provided, however, that the amount of permitted Capital Expenditures referenced above will be increased in any period by the positive amount equal to the lesser of (i) one hundred percent (100%) of the amount of permitted Capital Expenditures for the immediately prior period (not to exceed $10,000,000), and (ii) the amount (if any), equal to the difference obtained by taking the Capital Expenditures limit specified above for the immediately prior period minus the actual amount of any Capital Expenditures expended during such prior period (the "Carry Over Amount"), and for purposes of measuring compliance herewith, the Carry Over Amount shall be deemed to be the last amount spent on Capital Expenditures in that succeeding year.

Maximum Capital Expenditures. Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Maximum Capital Expenditures Period Expenditures per Period ------ ----------------------- ------------------------------------ --------------- Fiscal Year ending December 31, 2003 $ 42,500,000 Fiscal Year ending December 31, 2004 $ 53,500,000 Fiscal Year ending December 31, 2005 $ 62,000,000 Fiscal Year ending December 31, 2006 $ 74,000,000 Fiscal Year ending December 31, 2007 $ 86,000,000 Fiscal Year ending December 31, 2008 $100,000,000 and each Fiscal Year thereafter $ 100,000,000 ; provided, however, that the amount of permitted Capital Expenditures referenced above will be increased in any period by the positive amount equal to the lesser of (i) one hundred percent (100%) of the amount of permitted Capital Expenditures for the immediately prior period (not to exceed $10,000,000), and (ii) the amount (if any), equal to the difference obtained by taking the Capital Expenditures limit specified above for the immediately prior period minus the actual amount of any Capital Expenditures expended during such prior period (the "Carry Over Amount"), and for purposes of measuring compliance herewith, the Carry Over Amount shall be deemed to be the last amount spent on Capital Expenditures in that succeeding year.

Maximum Capital Expenditures. Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Period Expenditures per Period ------ ----------------------- Fiscal Year ending December 31on or about June 30, 2003 1997 $ 42,500,000 10,500,000 Fiscal Year ending December 31on or about June 30, 2004 1998 $ 53,500,000 11,400,000 Fiscal Year ending December 31on or about June 30, 2005 1999 $ 62,000,000 12,200,000 Fiscal Year ending December 31on or about June 30, 2006 2000 $ 74,000,000 12,600,000 Fiscal Year ending December 31on or about June 30, 2007 2001 $ 86,000,000 Fiscal Year ending December 31, 2008 $100,000,000 and each 13,000,000 Each Fiscal Year thereafter $ 13,400,000 ; provided, however, that the amount of permitted Capital Expenditures referenced above will be increased in any period by the positive amount equal to the lesser of (ia) one hundred percent (100%) 25% of the amount of permitted Capital Expenditures for the immediately prior period (not to exceed $10,000,000)period, and (iib) the amount (if any), equal to the difference obtained by taking the Capital Expenditures limit specified above for the immediately prior period minus the actual amount of any Capital Expenditures expended during such prior period (the "Carry Over Amount"), and for purposes of G-1 measuring compliance herewith, the Carry Over Amount shall be deemed to be the last first amount spent on Capital Expenditures in that succeeding year.

Maximum Capital Expenditures. Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Period Expenditures per Period ------ ----------------------- --------------------------------------- 1998 Fiscal Year ending December 31, 2003 $ 42,500,000 $7,800,000 1999 Fiscal Year ending December 31, 2004 $ 53,500,000 $7,350,000 2000 Fiscal Year $2,000,000 Nine (9) consecutive Fiscal Months $1,500,000 ending December 31June 30, 2005 $ 62,000,000 Fiscal Year ending December 31, 2006 $ 74,000,000 Fiscal Year ending December 31, 2007 $ 86,000,000 Fiscal Year ending December 31, 2008 $100,000,000 and each Fiscal Year thereafter 2001 ; provided, however, that the amount of permitted Capital Expenditures referenced above will be increased in any period by the positive amount equal to the lesser of (i) one hundred percent (100%) of the amount of permitted Capital Expenditures for the immediately prior period (not to exceed $10,000,000), and (ii) the amount (if any), equal to the difference obtained by taking the Capital Expenditures limit specified above for the immediately prior period minus the actual amount of any Capital Expenditures expended during such prior period (the "Carry Over AmountCARRY OVER AMOUNT"), and for purposes of measuring compliance herewith, the Carry Over Amount shall be deemed to be the last first amount spent on Capital Expenditures in that succeeding year.

Maximum Capital Expenditures. Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures, (excluding, for greater certainty, Capital Expenditures relating to the purchase of Equipment and capital property from Affiliates, which are not to exceed $5,000,000 in the aggregate from the Closing Date to the Commitment Termination Date, provided that Borrower shall have a Net Borrowing Availability of at least $1,000,000 immediately after giving effect to any of such purchases) during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Period Expenditures per Period ------ ----------------------- Closing Date to 12/31/04 $ 2,000,000 2005 Fiscal Year ending December 31, 2003 $ 42,500,000 2,500,000 2006 Fiscal Year ending December 31, 2004 $ 53,500,000 2,500,000 2007 Fiscal Year ending December 31, 2005 $ 62,000,000 Fiscal Year ending December 31, 2006 $ 74,000,000 Fiscal Year ending December 31, 2007 $ 86,000,000 Fiscal Year ending December 31, 2008 $100,000,000 and each Fiscal Year thereafter 2,500,000 ; provided, however, that the amount of permitted Capital Expenditures referenced above will be increased in any period by the positive amount equal to the lesser of (i) one hundred percent (100%) of the amount of permitted Capital Expenditures for the immediately prior period (not to exceed $10,000,000), and (ii) the amount (if any), equal to the difference obtained by taking the Capital Expenditures limit specified above for the immediately prior period minus the actual amount of any Capital Expenditures expended during such prior period (the "“Carry Over Amount"”), and for purposes of measuring compliance herewith, the Carry Over Amount shall be deemed to be the last first amount spent on Capital Expenditures in that succeeding year.