CapEx Budget. With respect to each Delayed Draw Term Loan, Administrative Agent and the Lenders shall have received evidence demonstrating that there has been no adverse deviation from the CapEx Budget or 13-Week Forecast then in effect in any material respect, as determined by Administrative Agent and the Lenders in their sole discretion.
CapEx Budget. DOE shall have received evidence demonstrating that there has been no adverse deviation from the CapEx Budget or 13-Week Forecast then in effect in any material respect, as determined by DOE in their sole discretion.
CapEx Budget. The Collateral Agent and DOE shall have received evidence demonstrating that there has been no adverse deviation from the CapEx Budget or 13-Week Forecast then in effect in any material respect, as determined by Collateral Agent and the Lenders in their sole discretion.
CapEx Budget. 13-Week Forecast. The 13-Week Forecast of Borrower and its Subsidiaries provided to Administrative Agent on or prior to the Closing Date and any subsequent 13-Week Forecast delivered pursuant to Section 5.1(j) are based on good faith estimates and assumptions that Borrower believes are reasonable; provided that the 13-Week Forecasts are not to be viewed as facts and that actual results during the period or periods covered by the 13-Week Forecasts may differ from such 13-Week Forecasts and that the differences may be material. The CapEx Budget has been prepared in good faith, with due care and based upon assumptions Xxxxxxxx believes to be reasonable. To the knowledge of Borrower, no facts exist that (either individually or in the aggregate) would result in any material change in the 13-Week Forecasts or the CapEx Budget.
CapEx Budget. Attached as Section 4.26 of the Disclosure Schedule is a correct and complete copy of the capital expenditure budget for the Company and the Company Subsidiary for the calendar year 2006 (the “CAPEX Budget”).
CapEx Budget. Each Representative Agent shall have received a statement, prepared by the Borrower, of (i) projected Capital Expenditures (including Scheduled Capital Expenditure and, to the extent budgeted by the Borrower Group Members, Mandatory Capital Expenditure) for Fiscal Years 2003 and 2004 and (ii) the aggregate Dollar amount projected to be incurred for Capital Expenditures in 2005, in each case, with respect to the Parent and its Subsidiaries (collectively, the "CapEx Budget").
CapEx Budget. From the date hereof until such time as an Approved Cash Flow and CapEx Budget is approved by the Lender in accordance with Section 6.2(a)(v), Schedule "C" shall be comprised of the Approved CapEx Budget.
CapEx Budget. Funds from the Initial CapEx Funding shall be available for disbursement to Tenant for payment or reimbursement of capital expenditures on those CapEx Items shown on the revised budget for CapEx Items attached hereto as Exhibit A, which Landlord has approved. Landlord may, in its reasonable discretion, request that Tenant from time to time update the operative budget for CapEx Items. Landlord shall be entitled to review and approve in its reasonable discretion any such updated budget.
CapEx Budget. The AYE Lender Agent shall have received a statement, prepared by the Parent, of (i) projected Capital Expenditures (including Scheduled Capital Expenditure and, to the extent budgeted by the Parent or any of its Subsidiaries, Mandatory Capital Expenditure) for Fiscal Years 2003 and 2004 and (ii) the aggregate Dollar amount projected to be incurred for Capital Expenditures in 2005, in each case, with respect to the Parent and its Subsidiaries (the "CapEx Budget").
CapEx Budget. The Collateral Agent shall have received a statement, prepared by the Company, of (i) projected Capital Expenditures (including Scheduled Capital Expenditure (as defined in the Common Terms Agreement) and, to the extent budgeted by the Company and its Subsidiaries, Mandatory Capital Expenditure (as defined in the Common Terms Agreement)) for Fiscal Years 2003 and 2004, and (ii) the aggregate Dollar amount projected to be incurred for Capital Expenditures in 2005, in each case with respect to the Parent and its Subsidiaries.
