Capital Expenditure. Make or incur any Capital Expenditure if, after giving effect thereto, the aggregate amount of all Capital Expenditures by Borrower in any fiscal year would exceed the amount set forth on the Schedule;
Capital Expenditure. 4 1.16 Claim .......................................................4 1.17 Code ........................................................4 1.18 Collective Leased Properties ................................4 1.19
Capital Expenditure. Each Obligor (other than UPC Broadband Holdco) will not, and will procure that no member of the Borrower Group will, incur any material Capital Expenditure other than in relation to the Permitted Business.
Capital Expenditure. (a) The Owner shall bear all expenditure of a capital nature or of a kind not expected to be incurred annually (including, but not limited to, expenses for the renovation, improvement and repair of the Building, the purchase, setting up, replacement, improvement and addition of installations systems, equipment, tools, plant and machineries for the Building and the costs of the relevant investigation works and professional services, but excluding all expenditure payable or to be borne by the lessees, tenants and licensees of the Building under the relevant leases, tenancy agreements and licence agreements) (“Capital Expenditure”) relating to the Building.
(b) On or before 16 November of every year, KWHK shall submit a budget in advance for the Capital Expenditure proposed to be incurred for the Building or any part(s) thereof for the following financial year, for approval by the Owner (such approval not to be unreasonably withheld).
(c) If any Capital Expenditure to be incurred is within the relevant amount contemplated under the approved budget, KWHK shall have the authority to incur such Capital Expenditure without having to seek further approval from the Owner. In any event, if any single item of Capital Expenditure exceeds HK$500,000 (even if a budget of greater than that amount shall have been approved by the Owner in advance), KWHK shall, subject to the exception specified in Clause 4.6(e) below, seek the Owner’s written approval before incurring such Capital Expenditure (such approval not to be unreasonably withheld).
(d) The Owner shall upon demand pay KWHK for such part(s) of the Capital Expenditure to be incurred by KWHK in connection with the Building (except in the circumstances as specified in Clause 4.6(e) below), in advance, either up front or as and when they fall due, as may be agreed in writing between the Owner and KWHK from time to time.
(e) Where as a result of fire, water leakage / overflow and/or other natural disasters or calamity, including without limitation, typhoon, tsunami, earthquake and flooding, and/or for other causes, any part(s) of the Building is/are damaged to a state that require repairs and/or reinstatement on an urgent / emergency basis, KWHK shall notify the Owner within 24 hours of KWHK becoming aware of the occurrence and may (unless instructed by the Owner not to commence or to stop otherwise) commission the repairs and/or reinstatement works to the extent reasonably required to avoid immediate property damage, ri...
Capital Expenditure. 17.1 Neither Pooled Funds nor Aligned Funds shall normally be applied towards any one-off expenditure on goods and/or services, which will provide continuing benefit and would historically have been funded from the capital budgets of one of the Parties. If a need for capital expenditure is identified this must be agreed by the Parties and the capital expenditure must comply with any applicable grant conditions.
Capital Expenditure. The Parent Guarantor shall ensure that the aggregate capital expenditure of the Group (other than capital expenditure funded by the retention of Excluded Insurance Proceeds referred to in clauses (c) and (d) of the definition of “Excluded Insurance Proceeds” in accordance with Section 8.8) in respect of any Financial Year shall not exceed $25,000,000; provided that, subject to and without limiting Section 9.36 in any respect, the covenant set forth in this clause (iv) shall cease to apply in the event that (x) the Bank Facilities Agreement is refinanced and (y) none of the facility agreements, credit agreements or similar agreements which refinance the Bank Facilities Agreement (including any other document executed in connection with any such facility agreement, credit agreement or similar agreement) contain any restriction on capital expenditure. For purposes of the covenant set forth in this clause (iv), if in any Financial Year (the “Original Financial Year”) the amount of the capital expenditure is less than the maximum amount permitted for that Original Financial Year (the difference being referred to below as the “Unused Amount”), then the maximum expenditure amount for the immediately following Financial Year (the “Carry Forward Year”) shall be increased by an amount (the “Permitted Carry Forward Amount”) equal to the Unused Amount. In any Carry Forward Year, the original $25,000,000 specified above for that Financial Year shall be treated as having been incurred prior to any Permitted Carry Forward Amount carried forward into that Carry Forward Year and no amount carried forward into that Carry Forward Year may be carried forward into a subsequent Financial Year.”
4. Schedule B of the A&R Note Purchase Agreement is hereby amended by deleting the following defined terms in their entirety: “Adjusted EBITDA”, “Debt Service” and “Debt Service Cover”.
5. Paragraph 2 of Exhibit 7.2 of the A&R Note Purchase Agreement is hereby amended by amending and restating in its entirety such paragraph 2 to read as follows:
Capital Expenditure. Subject to being above the agreed, prevailing capitalisation threshold, as advised by the Department, all expenditure on the acquisition or creation of fixed assets shall be capitalised on an accruals basis in accordance with relevant accounting standards. Expenditure to be capitalised shall normally include the (a) acquisition, reclamation or laying out of land; (b) acquisition, construction, preparation or replacement of buildings and other structures or their associated fixtures and fittings; and (c) acquisition, installation or replacement of movable or fixed plant, machinery, vehicles and vessels. DRAFT
Capital Expenditure. 12.1 The Financial Contributions shall be directed exclusively to revenue expenditure. Any arrangements for the sharing of capital expenditure shall be made separately and in accordance with section 256 (or section 76) of the NHS Act 2006 and Directions made thereunder.
Capital Expenditure. The Borrower will limit its aggregate annual capital expenditure to US$5,000,000.
Capital Expenditure. 3.1 The Cash Limit will be £•.
3.2 The Company’s Contribution will be £•.
3.3 The Capital Costs Spreadsheet is annexed to this Agreement as Annex 2.
3.4 The Capital Cashflow Programme is attached to this Agreement as Annex 3B.
