Non-Financed Capital Expenditures. Borrowers’ and their Subsidiaries Non-Financed Capital Expenditures, measured on a month-end basis, for the [__] month period ending _________, 201__ were $___________, which [is/is not] an amount less than or equal to the applicable amount set forth in Section 8 of the Credit Agreement (and copied below) for the corresponding period. 4824-6167-8098/3 Applicable Amount Applicable Period $3,000,000 For the 1-month period ending January 31, 2013 $3,000,000 For the 2-month period ending February 28, 2013 $3,000,000 For the 3-month period ending March 31, 2013 $5,000,000 For the 4-month period ending April 30, 2013 $5,000,000 For the 5-month period ending May 31, 2013 $5,000,000 For the 6-month period ending June 30, 2013 $7,000,000 For the 7-month period ending July 31, 2013 $7,000,000 For the 8-month period ending August 31, 2013 $7,000,000 For the 9-month period ending September 30, 2013 $9,000,000 For the 10-month period ending October 31, 2013 $9,000,000 For the 11-month period ending November 30, 2013 $9,000,000 For the 12-month period ending December 31, 2013 $9,000,000 For the 12-month period ending January 31, 2014 $9,000,000 For the 12-month period ending February 28, 2014 $9,000,000 For the 12-month period ending March 31, 2014
Non-Financed Capital Expenditures. For any period, all Capital Expenditures made by the Borrower and its Subsidiaries during such period that have not been funded, directly or indirectly, with the proceeds of purchase money financing (including, without limitations, Capital Leases) other than the proceeds of Revolving Loans.
Non-Financed Capital Expenditures. Borrowers shall not make or incur Non-Financed Capital Expenditures in excess of $2,000,000 during any fiscal year.
Non-Financed Capital Expenditures. Borrowers’ and their Subsidiaries Non-Financed Capital Expenditures, measured on a month-end basis, for the [__] month period ending _________, 201__ were $___________, which [is/is not] an amount less than or equal to the applicable amount set forth in Section 8 of the Credit Agreement (and copied below) for the corresponding period. Applicable Amount Applicable Period $7,000,000 For the 7-month period ending July 31, 2013 $7,000,000 For the 8-month period ending August 31, 2013 $7,000,000 For the 9-month period ending September 30, 2013 $9,000,000 For the 10-month period ending October 31, 2013 $9,000,000 For the 11-month period ending November 30, 2013 $9,000,000 For the 12-month period ending December 31, 2013 $9,000,000 For the 12-month period ending January 31, 2014 $9,000,000 For the 12-month period ending February 28, 2014 $9,000,000 For the 12-month period ending March 31, 2014
Non-Financed Capital Expenditures. Borrowers have made or incurred Non-Financed Capital Expenditures in the aggregate amount of $_________ for the fiscal-year-to-date period ending on the Reporting Date, which □ satisfies □ does not satisfy the requirement set forth in Section 8(b) of the Credit Agreement that Non-Financed Capital Expenditures be not more than $2,000,000 during any fiscal year. Schedule 1 to Compliance Certificate EXHIBIT B TO CREDIT AND SECURITY AGREEMENT
Non-Financed Capital Expenditures. Notes......................................................................
Non-Financed Capital Expenditures. Make Non-Financed Capital Expenditures in Fiscal Year 2012, tested monthly, in an amount less than or equal to, but not greater than, $6,500,000; provided that no Non-Financed Capital Expenditure shall be permitted if such Non-Financed Capital Expenditure would cause the ratio of Excess Availability (including such Non-Financed Capital Expenditure) to aggregate Non-Financed Capital Expenditures for such fiscal year (including such Non-Financed Capital Expenditure) to be less than 1.50:1.00; and provided, further, that the permitted aggregate amount of Non-Financed Capital Expenditures for Fiscal Year 2012 may be increased on a quarterly basis by an amount equal to 50% of any positive variance between budgeted year-to-date EBITDA and actual year-to-date EBITDA, each measured as of the end of the prior calendar quarter. Notwithstanding the foregoing, Lender agrees to consider the impact of any Borrower’s material foreign expansion in Fiscal Year 2012 on the financial covenants contained in this Section 8, but any adjustments to such financial covenants shall be at Lender’s sole discretion.
Non-Financed Capital Expenditures. Borrowers’ and their Subsidiaries Capital Expenditures for fiscal year 2012 were $ as of last day of the month of , 2012, which [is/is not] an amount less than or equal to, but not greater than, the amount set forth in Section 8 of the Credit Agreement for the corresponding period. EXHIBIT B TO CREDIT AND SECURITY AGREEMENT CONDITIONS PRECEDENT THE OBLIGATION OF LENDER TO MAKE ITS INITIAL EXTENSION OF CREDIT PROVIDED FOR IN THIS AGREEMENT IS SUBJECT TO THE FULFILLMENT, TO THE SATISFACTION OF LENDER, OF EACH OF THE FOLLOWING CONDITIONS PRECEDENT:
Non-Financed Capital Expenditures. Incur or contract to incur Non-Financed Capital Expenditures, measured on a month-end basis, in an amount less than or equal to the applicable amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period $9,000,000 For the 10-month period ending October 31, 2013 $11,000,000 For the 11-month period ending November 30, 2013 $11,000,000 For the 12-month period ending December 31, 2013 $11,000,000 For the 12-month period ending January 31, 2014 $11,000,000 For the 12-month period ending February 28, 2014 $11,000,000 For the 12-month period ending March 31, 2014
Non-Financed Capital Expenditures. If, at any time, Available Liquidity shall fall below $125,000,000 for seven (7) consecutive Business Days, then during the period from the seventh (7th) consecutive Business Day that Available Liquidity fell below $125,000,000 and continuing until the ninetieth (90th) consecutive day on which Available Liquidity exceeds $125,000,000 (the “Non-Financed Capital Expenditure Applicable Period”), the Credit Parties shall not make any Non-Financed Capital Expenditures if, after giving effect thereto, the aggregate amount of Non-Financed Capital Expenditures made during the Non-Financed Capital Expenditure Applicable Period would exceed the remainder (not less than zero) of (a) $50,000,000 minus (b) the aggregate amount paid or required to be paid by Holdings and its Subsidiaries in cash during the Non-Financed Capital Expenditure Applicable Period in respect of regularly scheduled principal payments of Funded Debt (other than the Loans).
