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 Expenditures Period per Period ------ ---------------------------- Fiscal Year ending on or about March 31, 2004 $2,500,000 Fiscal Year ending on or about March 31, 2005 and each Fiscal Year ending thereafter $2,000,000

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 Expenditures Period per Period ------ ---------------------------- --------------------------------------- Seven month period commencing June 1, 2001 and ending on December 31, 2001 $9,000,000 Fiscal Year 2002 $8,000,000 Fiscal Year 2003 $8,000,000 Six-month period commencing January 1, 2004 and ending on or about March 31June 30, 2004 $2,500,000 Fiscal Year ending on or about March 31, 2005 and each Fiscal Year ending thereafter $2,000,0005,000,000

Maximum Capital Expenditures. Borrower Borrowers and its their Subsidiaries on a consolidated basis shall not make Capital Expenditures during in excess of the following periods that exceed in the aggregate the amounts set forth opposite for each of such periodsthe following Fiscal Years on a non-cumulative basis: Maximum Capital Expenditures Period per Period ------ ---------------------------- Fiscal Year ending on or about March 31, 2004 Amount ----------- ---------- 1999 $ 500,000 2000 $ 750,000 2001 and each $2,500,000 1,000,000 Fiscal Year ending on or about March 31, 2005 and each Fiscal Year ending thereafter $2,000,000thereafter

Maximum Capital Expenditures. Borrower and its Subsidiaries on a consolidated basis shall not make any Capital Expenditures that would cause Capital Expenditures during the following periods that exceed to exceed, in the aggregate aggregate, the amounts set forth opposite each of such periodsperiod: Period Maximum Capital Expenditures for Period per Period ------ ---------------------------- Fiscal Year ending on or about March December 31, 2004 2006 $2,500,000 35,000,000 Fiscal Year ending on or about March December 31, 2005 and each Fiscal Year ending thereafter 2007 $2,000,00020,000,000

Maximum Capital Expenditures. Borrower and its Subsidiaries The Credit Parties 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 Period per Period ------ ---------------------------- Fiscal Year ending on or about March 31, in January 2004 $2,500,000 $ 10,000,000 Fiscal Year ending on or about March 31, in January 2005 and each $ 6,000,000 Each Fiscal Year ending thereafter $2,000,00010,000,000”

Maximum Capital Expenditures. Borrower Borrowers and its their 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 Expenditures Period per Period ------ ---------------------------- Each Fiscal Year commencing with the Fiscal Year ending on or about $6,000,000 March 31, 2004 $2,500,000 Fiscal Year ending on or about March 31, 2005 and each Fiscal Year ending thereafter $2,000,0002000.

Maximum Capital Expenditures. Commencing with Fiscal Year 2006, Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures (other than Capital Expenditures made by the Borrower that are financed entirely with the proceeds of CapEx Loans) during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures Period per ------ Period ------ ---------------------------- Fiscal Year ending on or about March 31, 2004 2006 $2,500,000 45,000,000 Fiscal Year ending on or about March 31, 2005 and each 2007 $50,000,000 Each Fiscal Year ending thereafter $2,000,00040,000,000

Maximum Capital Expenditures. Borrower Borrowers and its their 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 Expenditures Period per Period ------ ---------------------------- Fiscal Year ending on or about March 31, 2004 ------- --------------------------------------- From and including the Closing Date to 12/31/00 $2,500,000 Fiscal Year ending on or about March 31, 2005 17,160,000 1/1/01 to 12/31/01 $21,840,000 1/1/02 to 12/31/02 $19,320,000 1/1/03 to 12/31/03 $17,400,000 1/1/04 to 12/31/04 and each Fiscal Year ending thereafter $2,000,00017,400,000

Maximum Capital Expenditures. Borrower Borrowers and its their 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 Expenditures Period per Period ------ ---------------------------- --------------------------------------- Fiscal Year ending on or about March 31, 2004 2001 $2,500,000 3,500,000 Fiscal Year ending on or about March 31, 2005 and each 2002 $3,500,000 Fiscal Year ending thereafter 2003 $2,000,0003,500,000

Maximum Capital Expenditures. Borrower Borrowers and its their 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 Expenditures Period per Period ------ ---------------------------- --------------------------------------- Fiscal Year ending on or about March 31, 2004 $2,500,000 2001 8,900,000 Fiscal Year ending on or about March 31, 2005 and each 2002 7,500,000 Fiscal Year ending thereafter $2,000,0002003 11,000,000

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 Fiscal Year Ending Capital Expenditures Period per Period ------ ---------------------------- Fiscal Year ending on or about March ------------------ -------------------- December 31, 2004 1999 $2,500,000 Fiscal Year ending on or about March 4,900,000 December 31, 2005 2000, and each Fiscal Year ending thereafter $2,000,0003,000,000

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 per Period ------ ---------------------------- PERIOD MAXIMUM CAPITAL EXPENDITURES Fiscal Year ending on or about March 31, 2004 2000 $2,100,000 Fiscal Year 2001 $2,500,000 Fiscal Year ending on or about March 31, 2005 2002 $2,500,000 Fiscal Year 2003 $2,500,000 Fiscal Year 2004 and each $2,500,000 Fiscal Year ending thereafter $2,000,000thereafter

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 Expenditures Period per Period ------ ---------------------------- --------------------------------------- Fiscal Year ending on or about March December 31, 2000 $7,000,000 Fiscal Year ending December 31, 2001 $7,000,000 Fiscal Year ending December 31, 2002 $7,000,000 Fiscal Year ending December 31, 2003 $8,000,000 Fiscal Year ending December 31, 2004 $2,500,000 8,000,000 Each Fiscal Year ending on or about March 31, 2005 and each Fiscal Year ending thereafter $2,000,0008,000,000

Maximum Capital Expenditures. Borrower Details 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 Expenditures Period per Period ------ ---------------------------- Fiscal Year ending on or about March 31, 2004 $2,500,000 Fiscal Year ending on or about March 31, 2005 12/31/07 and each Fiscal Year ending thereafter $2,000,00013,000,000

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, unless otherwise agreed to in writing by Lender: Period Maximum Capital Expenditures Period per Period ------ ---------------------------- Fiscal Year ending on or about March 31, 2004 $2,500,000 1/31/98 $ 145,000 Fiscal Year ending on or about March 31, 2005 and each 1/30/99 $ 400,000 Fiscal Year ending thereafter 1/29/00 $2,000,0001,100,000