Capital Expenditure Plans. A. With respect to each Existing Property, Vistana shall enforce and implement, in all material respects, the capital expenditure plans for such Existing Property in existence as of the Effective Date in the form and substance delivered to Starwood prior to the Effective Date.
B. With respect to each New Property, each Property Approval Request submitted by Vistana shall include a capital expenditure plan for such New Property, and Vistana shall enforce and implement, in all material respects, such capital expenditure plan in the form approved by Starwood pursuant to Section 5.2.
C. From time to time during the Term (and any Tail Period) upon Starwood’s request, Vistana shall provide to Starwood for review such information as Starwood reasonably requires to confirm Vistana’s implementation of the capital expenditure plans in accordance with this Section 12.3.
Capital Expenditure Plans. Seller has no commitments for capital expenditures.
Capital Expenditure Plans. 24 2.37 Material Misstatements or Omissions............................................................24 2.38
Capital Expenditure Plans. Schedule 2.37 sets forth a description of each capital expenditure program of the Corporation and each Subsidiary involving the expenditure of at least Fifty Thousand Dollars ($50,000) as to which the expenditure of funds is incomplete, setting forth (i) the budgeted expenditures and (ii) the actual amounts expended, if any.
Capital Expenditure Plans. 27 Section 3.39 No Intentions to Dispose................................................27 Section 3.40 Ultra/Pure Spin-off.....................................................27 Section 3.41 Material Misstatements or Omissions.....................................27
Capital Expenditure Plans. Sellers have heretofore incurred in the calendar year 2005, and will continue to incur, expenditures with respect to the Hotels pursuant to existing capital expenditure plans and/or property improvement plans (if any) prior to Closing. Prior to the execution of this Agreement, the Sellers have delivered and Buyer hereby acknowledges receipt of the current budget for the expenditures contemplated by this Section 2.06, and all renovation, property improvement plans or capital improvement contracts entered into by Sellers with respect to such expenditures. Sellers agree to not change the scope of the work contemplated by such budgets prior to Closing; provided, however, with respect to that certain Hotel known as the Holiday Inn located in Columbia, South Carolina, the applicable Seller shall not be required to incur any expenditures required by any capital expenditure plan in effect with respect to such Hotel unless the same, in Sellers’ good faith, reasonable judgment, are immediately necessary to protect the physical integrity or lawful operation of the Hotel or the health or safety of its occupants.
Capital Expenditure Plans. 23 8.1.5. Projections. ................................................. 23 8.1.6.
Capital Expenditure Plans. No later than 10 days prior to the beginning of each fiscal quarter of Borrower, deliver to Lender projected Capital Expenditures to be made by Borrower during the forthcoming fiscal quarter.
Capital Expenditure Plans. 4.5.1 En Win shall prepare a proposed Capital Expenditure Plan (the "Proposed CEP") for each calendar year with respect to the Business. It shall include an annual budget that forecasts and sets out Capital Expenditures for such calendar year, together with a proposed schedule of expenditures required in order to operate and maintain the Business and the Facilities pursuant to the terms of this Agreement during the applicable calendar year. The Proposed CEP shall encompass multiple consecutive calendar years, the number of which shall be determined by En Win in its sole discretion, but which shall in any event be no fewer than two (2) consecutive calendar years. As a transitional measure, for the calendar year commencing January 1, 2013, EnWin shall adopt the current Water System Financial Plan as the Proposed CEP.
4.5.2 For the period commencing January 1, 2014, EnWin shall submit to the Chair of WUC a Proposed CEP by November 1, 2013. Subsequently, any Proposed CEP shall be submitted to the Chair of WUC no later than sixty (60) days prior to the end of period for the Capital Expenditure Plan in effect from time-to-time. WUC shall review a Proposed CEP on the basis of whether En Win, upon executing the Proposed CEP, will be compliant with the terms and conditions of this Agreement and WUC will be compliant with the then current Water System Financial Plan, all Applicable Laws, Permits and Material Contracts. WUC shall provide confirmation in respect of the foregoing not more than thirty (30) days following the receipt of the Proposed CEP from En Win. Such confirmation shall not be unreasonably withheld.
4.5.3 IfWUC determines that parts of the Proposed CEP, if performed as planned, would not result in: (i) En Win being compliant with this Agreement; or (ii) in WUC being compliant with the then current Water System Financial Plan, Applicable Laws, Permits and Material Contracts; then WUC may propose in writing modifications to the Proposed CEP. Any suggested modifications to the Proposed CEP proposed by WUC must be in accordance with the then current Water System Financial Plan, Prudent Industry Practice, Applicable Laws, Permits and Material Contracts. Not more than thirty (30) days following the receipt of the Proposed CEP from EnWin, WUC shall specify those parts of the Proposed CEP that it asserts require modification. To the extent En Win disagrees that a modification is required to the Proposed CEP in order for En Win to comply with the terms and con...
