Capital Expenditure Limitation. The Loan Parties shall not make any Capital Expenditures if, after giving effect to such Capital Expenditures, the aggregate cost of all Capital Expenditures of the Loan Parties would exceed $15,000,000 during any Fiscal Year.
Capital Expenditure Limitation. The Borrower shall not permit the Capital Expenditures of the Borrower and the Restricted Subsidiaries for any fiscal year of the Borrower to exceed (i) with respect to the fiscal years ending December 31, 2003 and 2004, $100,000,000 and (ii) with respect to the fiscal years ending December 31, 2005 and thereafter, $200,000,000 (the applicable amount under clause (i) or clause (ii), the “Capex Limit”). The Capex Limit in respect of any fiscal year commencing with the fiscal year ending on December 31, 2004, shall be increased (but not decreased) by the amount of unused permitted Capital Expenditures for the immediately preceding fiscal year (such amount, the “Capex Carryforward”); provided, however, that in no event shall the Capex Limit for any fiscal year be increased by more than $50,000,000. Any Capex Carryforward that is not permitted to be used in any fiscal year as a result of the proviso to the preceding sentence may, subject to such proviso, be applied to any subsequent fiscal year.
Capital Expenditure Limitation. The Borrower shall not, and shall not permit any of its Subsidiaries to, make any Capital Expenditures if, after giving effect to such Capital Expenditures, the aggregate cost of all Capital Expenditures of the Loan Parties would exceed $5,400,000 during any Fiscal Year.
Capital Expenditure Limitation. Company covenants that the sum of the principal amount of the Bonds, plus capital expenditures paid or incurred during the 6-year period beginning 3 years prior to July 18, 1996 and ending 3 years after July 18, 1996, for facilities located within the City having as principal users Company, Guarantor or other principal users of the Project or their related persons shall not exceed $10,000,000, all within the meaning of Section 144(a) of the Code and the Regulations. Company further covenants that it will not enter into any lease or other arrangement, including an assignment pursuant to Section 10.1 hereof, for use of any portion of the Project if such lease or other arrangement would cause the covenants contained in this Section to be violated.
Capital Expenditure Limitation. Invest in, purchase, finance, or lease (i) new automated teller machines in excess of $2,000,000 in the aggregate during the course of any fiscal year, or (ii) additional fixed assets in excess of $200,000 in the aggregate during the course of any fiscal year period, in each case without the prior written consent of Lender.
Capital Expenditure Limitation. The Borrower shall not permit the Capital Expenditures of the Borrower and the Restricted Subsidiaries for any fiscal year of the Borrower to exceed (i) with respect to the fiscal years ending December 31, 2004 and 2005, $75,000,000, (ii) with respect to the fiscal year ending December 31, 2006, $150,000,000, and (iii) with respect to the fiscal year ending December 31, 2007, $200,000,000 (the applicable amount under clause (i), (ii) or (iii), the "Capex Limit"). The Capex Limit in respect of any fiscal year commencing with the fiscal year ending on December 31, 2005, shall be increased by the amount of unused permitted Capital Expenditures for the immediately preceding fiscal year (such amount, the "Capex Carryforward"); provided, however, that in no event shall the Capex Limit for any fiscal year be increased by more than $50,000,000. Any Capex Carryforward that is not permitted to be used in any fiscal year as a result of the proviso to the preceding sentence may, subject to such proviso, be applied to any subsequent fiscal year."
(d) Amendment of Section 6.18. Section 6.18 of the Credit Agreement is amended as follows:
(i) the line "October 1, 2004 through December 31, 2004", including the reference to the amount of $770,000,000, is deleted; and
(ii) the date "January 1, 2005" is replaced with the date "October 1, 2004".
(e) Addition of Section 6.20. The following is inserted as Section 6.20 of the Credit Agreement:
Capital Expenditure Limitation. The Company, on a consolidated basis, will not make, in the aggregate, expenditures for fixed or capital assets, including, without limitation, the incurrence of capitalized lease obligations or expenditures for maintenance and repairs which should be capitalized in accordance with GAAP or otherwise, in excess of following amounts for the following periods (monthly/quarterly): PERIOD ENDING CAPITAL EXPENDITURES ------------- -------------------- March, 2001 (Quarter) $1,100,000.00 April, 2001 $350,000.00 May, 2001 $20,000.00 June, 2001 $10,000.00 PERIOD ENDING CAPITAL EXPENDITURES ------------- -------------------- July, 2001 $175,000.00 August, 2001 $50,000.00 September, 2001 $10,000.00 October, 2001 $25,000.00 November, 2001 $25,000.00 December, 2001 $25,000.00 December, 2001 (Year) $1,790,000.00 January, 2002 $200,000.00 February, 2002 $200,000.00 March, 2002 $200,000.00 Any portion of a monthly or quarterly capital expenditure allowance set forth above that is not used in the specified month or quarter of 2001 may be used by the Company in any subsequent month or quarter of fiscal year 2001, but no such unused portion may be used by the Company in fiscal year 2002. Any portion of a monthly capital expenditure allowance set forth above that is not used in the specified month of 2002 may be used by the Company in the subsequent month of fiscal year 2002. [Intentionally Deleted.]
Capital Expenditure Limitation the aggregate cost of all fixed assets purchased or otherwise acquired shall not exceed $200,000 during any Fiscal Year.
Capital Expenditure Limitation. The Company shall not make consolidated capital expenditures in excess of $3,000,000.00 in the aggregate in any fiscal year. For purposes of testing for compliance with this covenant, any expenditure or obligation which is not required, under generally accepted accounting principles, to be recorded in full as an expense in the fiscal period when made or incurred shall be considered a capital expenditure and capital expenditures shall include, without limitation, the present value of all capital lease obligations incurred by the Company, determined as of the date such obligations are incurred.
Capital Expenditure Limitation. The Borrowers shall not, and shall not permit any Restricted Subsidiary to, expend, or suffer to exist, Capital Expenditures in excess of $15,000,000 in the collective aggregate in any calendar year.
