Capital Expenditure Limits. The aggregate amount of all -------------------------- Capital Expenditures of Borrower and its Subsidiaries (excluding trade-ins and excluding Capital Expenditures in respect of replacement assets to the extent funded with casualty insurance proceeds) will not exceed the amount set forth below for each period set forth below. In the event that Borrower or any of its Subsidiaries enters into a Capital Lease or other contract with respect to fixed assets, for purposes of calculating Capital Expenditures under this subsection only, the amount of the Capital Lease or contract initially capitalized on Borrower's or any Subsidiary's balance sheet prepared in accordance with GAAP shall be considered expended in full on the date that Borrower or any of its Subsidiaries enters into such Capital Lease or contract. Fiscal Year Ending Amount ------------------ ------ January 30, 2000 $1,750,000 January 29, 2001 $1,750,000 Permitted Capital Expenditures not made in Fiscal Year 1999 may be carried over for one year only to the next Fiscal Year; provided, however, any carried-over Capital Expenditure will be deemed used only after all otherwise Permitted Capital Expenditures for that Fiscal Year have been used. Notwithstanding anything herein to the contrary, on and after the Seventh Amendment Effective Date, each Capital Expenditure made with the proceeds of (i) a third-party financing (other than under this Agreement) on terms not less favorable to Borrower or any of its Subsidiaries, as applicable, than then-existing market terms, (ii) an equity offering of Borrower's securities in which any of the proceeds thereof are used for Capital Expenditures (in each of case (i) and (ii) to the extent of such proceeds so applied) or (iii) the gain realized on a sale of assets of Borrower (including securities held by Borrower) or any of its Subsidiaries, in each case to the extent the foregoing financing, equity offering or sale is permitted under this Agreement, shall not be subject to, or considered in the calculations of, the limitations of this subsection 6.4. --------------
Capital Expenditure Limits. Borrower shall not, and shall not permit any Subsidiary to, make or incur Capital Expenditures during each period set forth in the table below in excess of an aggregate amount equal to the applicable Capital Expenditure Limit for such period. The term "Capital Expenditure Limit" means for each period set forth in the table below, the sum of (a) the Dollar amount set forth in the table below opposite the applicable period (such Dollar amount as set forth for each such period herein the "Yearly Limit") plus (b) the lesser of (i) One Hundred percent (100%) of the Yearly Limit from the immediately preceding period which was not expended by Borrower and Subsidiaries for Capital Expenditures in such preceding period or (ii) Four Million Dollars ($4,000,000) (the amount calculated for any period under this clause (b), herein the "Carryover Amount"). Any Carryover Amount carried into either the 1998 or 1999 Fiscal Years may only used for the contemplated upgrade of Borrower's and the Subsidiaries' computer system. In calculating compliance with this Section 10.3, (a) Capital Expenditures made in a period shall first be debited against the Yearly Limit for such period then debited against the Carryover Amount carried into such period, if any, from the preceding period pursuant to this Section 10.3, and (b) the aggregate amount of all payments due under a Capital Lease Obligation for the entire term thereof (excluding, however, the interest portion of capitalized lease payments) shall be considered expended in full on the date that the Capital Lease Obligation is entered into. =============================================================== Period Amount =============================================================== Closing Date through December 31, 1997 $ 1,000,000 --------------------------------------------------------------- January 1, 1998 through December 31, 1998 $ 7,500,000 --------------------------------------------------------------- January 1, 1999 through December 31, 1999 $ 7,500,000 --------------------------------------------------------------- Each Fiscal Year thereafter $ 5,000,000 ===============================================================
Capital Expenditure Limits. 34 4.2 [Intentionally Omitted]........................................................................34
Capital Expenditure Limits. Holdings 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 (the “Capex Limit”): Closing Date through Fiscal Year ending December 31, 2006 $ 1,000,000 Each Fiscal Year ending thereafter $ 1,250,000 ;provided, however, that commencing with Fiscal Year 2007, the Capex Limit referenced above will be increased in any period by the positive amount equal to the lesser of (i) 50% of the Capex Limit for the immediately prior period, and (ii) the amount (if any), equal to the difference obtained by taking the Capex Limit minus the actual amount of any Capital Expenditures expended during such prior period (the “Carry Over Amount”), and for purposes of measuring compliance herewith, the Carry Over Amount shall be deemed to be the last amount spent on Capital Expenditures in that succeeding period.
Capital Expenditure Limits. The aggregate amount of all Capital Expenditures of the Borrower and the Subsidiaries (subject to the exclusions set forth below) during the periods set forth below shall not exceed the Dollar amount set out opposite the applicable period: -------------------------------------------------------------------------------- Period Dollar Amount Fiscal Year 2002 $12,000,000 Fiscal Year 2003 $12,600,000 Fiscal Year 2004 $13,230,000 Fiscal Year 2005 $13,891,500 Fiscal Year of 2006 $14,586,075 Fiscal Year 2007 $15,315,378 -------------------------------------------------------------------------------- The following Capital Expenditures shall not be counted against the calculation of Capital Expenditures under this Section 11.3: Capital Expenditures made with any casualty or condemnation proceeds turned over to the Borrower by the Agent to (a) replace or repair the property damaged or condemned, (b) construct a new facility to replace the property damaged or condemned or (c) expand the productive capacity of an existing facility.
Capital Expenditure Limits. The aggregate amount of all Capital Expenditures of Borrower and its Subsidiaries (other than the Excluded Subsidiaries) will not exceed $15,500,000 in fiscal year 2001 or $13,500,000 in any fiscal year of Borrower thereafter. "
Capital Expenditure Limits. The aggregate amount of all Capital Expenditures (excluding trade-ins and excluding Capital Expenditures in respect of replacement assets to the extent funded with casualty insurance proceeds) will not exceed the amounts specified below for Fiscal Years set forth below: Fiscal Year Amount ----------- ------ 1998 $5,000,000 1999 $5,500,000 2000 $6,000,000 2001 and thereafter $6,500,000 and increasing by $500,000 for each Fiscal Year thereafter In the event that the Borrower enters into a Capitalized Lease or other contract with respect to fixed assets, for purposes of calculating Capital Expenditures under this Section only, the amount of the Capitalized Lease or contract initially capitalized on the Borrower's balance sheet prepared in accordance with GAAP shall be considered expended in full on the date that the Borrower enters into such Capitalized Lease or contract.
Capital Expenditure Limits. The aggregate amount of all Capital Expenditures of Borrower and its Subsidiaries during any Fiscal Year will not exceed the applicable Capital Expenditure Limit for such Fiscal Year. The term "
Capital Expenditure Limits. The aggregate amount of all Capital Expenditures, Capital Leases with respect to fixed assets of Borrowers and their Subsidiaries (which shall be considered to be expended in full on the date such Capital Lease is entered into) and other contracts with respect to fixed assets initially capitalized on Borrowers’ or any Subsidiary’s balance sheet prepared in accordance with GAAP (which shall be considered to be expended in full on the date such contract is entered into) (excluding, in each case, expenditures for trade-ins and replacement of assets to the extent funded with casualty insurance proceeds) will not exceed the amount of $5,000,000.00 during each Applicable Calculation Period.
Capital Expenditure Limits. 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 (the “Capex Limit”): Fiscal Year 2007 $7,000,000 Fiscal Year 2008 $8,500,000 Fiscal Year 2009 $10,000,000 Fiscal Year 2010 $11,500,000 Fiscal Year 2011 $13,000,000 Fiscal Year 2012 $14,500,000 Fiscal Year 2013 and each Fiscal Year thereafter $16,000,000 ; provided, however, that commencing with Fiscal Year 2008, the Capex Limit referenced above will be increased in any period by the positive amount equal to the lesser of (i) 75% of the Capex Limit for the immediately prior period, and (ii) the amount (if any), equal to the difference obtained by taking the Capex Limit minus the actual amount of any Capital Expenditures expended during such prior period (the “Carry Over Amount”), and; provided, further, that the aggregate amount of such Carry Over Amount for any Fiscal Year shall not exceed $5,000,000.
