Capital Expenditures and Acquisitions. Without the prior written consent of Lender, Borrower, Guarantors and the Other Subsidiaries shall not individually or collectively make aggregate capital expenditures in any fiscal year in excess of $25,000,000 or make acquisitions of stock or assets in any fiscal year where the aggregate purchase price for such stock or assets is in excess of $20,000,000.
Capital Expenditures and Acquisitions. (a) If, after giving effect thereto, the Leverage Ratio on a Pro Forma Basis would be greater than 3.00 to 1.00, then the Borrower will not, and will not permit any Restricted Subsidiary to, in any fiscal year of the Borrower permit the aggregate amount of all Capital Expenditures to exceed $50,000,000 (or its equivalent in other currencies as of the date of each relevant transaction). If, after giving effect thereto, the Leverage Ratio on a Pro Forma Basis would be greater than 2.50 to 1.00 but less than 3.00 to 1.00, then the Borrower will not, and will not permit any Restricted Subsidiary to, in any fiscal year of the Borrower permit the aggregate amount of all Capital Expenditures to exceed $75,000,000 (or its equivalent in other currencies as of the date of each relevant transaction).
Capital Expenditures and Acquisitions. If, after giving effect thereto, the Pro Forma Leverage Ratio would be greater than 3.00 to 1, then the Company will not, and will not permit any Restricted Subsidiary to, in any fiscal year of the Company permit the aggregate amount of all Capital Expenditures and Acquisitions to exceed $50,000,000 (or its equivalent in other currencies as of the date of each relevant transaction). If, after giving effect thereto, the Pro Forma Leverage Ratio would be greater than 2.50 to 1, then the Company will not, and will not permit any Restricted Subsidiary to, in any fiscal year of the Company permit the aggregate amount of all Capital Expenditures and Acquisitions to exceed $75,000,000 (or its equivalent in other currencies as of the date of each relevant transaction). Subject to the foregoing, the Company and the Restricted Subsidiaries may at any time make any Acquisition or Capital Expenditure.
Capital Expenditures and Acquisitions. If, after giving effect thereto, the Pro Forma Leverage Ratio would be greater than 3.00 to 1, then the Parent will not, and will not permit any Restricted Subsidiary to, in any fiscal year of the Parent permit the aggregate amount of all Capital Expenditures and Acquisitions to exceed $50,000,000 (or its equivalent in other currencies as of the date of each relevant transaction). If, after giving effect thereto, the Pro Forma Leverage Ratio would be greater than 2.50 to 1, then the Parent will not, and will not permit any Restricted Subsidiary to, in any fiscal year of the Parent permit the aggregate amount of all Capital Expenditures and Acquisitions to exceed $75,000,000 (or its equivalent in other currencies as of the date of each relevant transaction). Subject to the foregoing, the Parent and the Restricted Subsidiaries may at any time make any Acquisition or Capital Expenditure.
Capital Expenditures and Acquisitions. If, after giving effect thereto, the Pro Forma Leverage Ratio would be greater than 2.25 to 1, then the Parent will not, and will not permit any Restricted Subsidiary to, in any fiscal year of the Parent permit the aggregate amount of all Capital Expenditures and Acquisitions to exceed $250,000,000 (or its equivalent in other currencies as of the date of each relevant transaction); subject to the foregoing, the Parent and the Restricted Subsidiaries may at any time make any Acquisition or Capital Expenditure.
Capital Expenditures and Acquisitions. Borrower shall not make or incur Capital Expenditures, including, without limitation, any capital lease obligations, in excess of $1,500,000.00 in any one fiscal year of the Borrower. For the purposes of this Restated Agreement any capital lease obligation shall be deemed and considered a Capital Expenditure. Acquisitions by Borrower not to exceed $7,500,000.00 per transaction may be made by Borrower without lender's prior consent.
Capital Expenditures and Acquisitions. The Borrower will not, and will not permit any Subsidiary to, expend or become obligated for capital expenditures (as defined and classified in accordance with GAAP consistently applied but in any event including the liability of the Borrower and its Subsidiaries in respect of Capitalized Leases, costs of improvements to land and acquisitions of land) or acquire all or any substantial part of the stock, assets or business of any other Person if after giving effect thereto the aggregate amount expended by the Borrower and its Subsidiaries during any fiscal year on account of such capital expenditures and acquisitions would exceed $3,000,000 provided that the Borrower may acquire Timberland out of the proceeds of Equity Offerings if and to the extent permitted by Section 3.4(b)(iv)(ac) hereof or in exchange for equity interests if but only if it has demonstrated to the reasonable satisfaction of the Administrative Agent in each instance that it will be able to remain in compliance with the terms of this Agreement throughout its term after giving effect to the acquisition in question.
Capital Expenditures and Acquisitions. Make Capital Expenditures and Acquisitions of more than (a) $40,000,000 in aggregate amount for the fiscal year ending January 31, 2004 or (b) $45,000,000 in aggregate amount for any fiscal year thereafter.
Capital Expenditures and Acquisitions. None of the Company, Publishing nor the Guarantor shall, nor shall either of them permit any of their Subsidiaries to, directly or indirectly, make or commit (by way of the acquisition of securities of any Person or otherwise) (i) any expenditures in respect of the purchase or acquisition of fixed or capital assets (excluding in the case of the Guarantor, Publishing and Subsidiaries of Publishing any such assets (x) whose acquisition has been approved by the Board of Directors of the Guarantor prior to the date hereof and is reflected in a line item in the report set forth in Schedule 5.12 or (y) which are acquired in connection with normal replacement and maintenance programs properly charged to current operations and not exceeding an aggregate cost of $100,000), (ii) any acquisition of any operating business (iii) any acquisition of assets other than in the ordinary course of business.
Capital Expenditures and Acquisitions. If, after giving effect thereto, the Pro Forma Leverage Ratio would be at least 2.00 to 1, then the Parent will not, and will not permit any Restricted Subsidiary to, in any fiscal year of the Parent (a) permit the aggregate amount of all Capital Expenditures and Acquisitions (excluding the Compressco Acquisition and the Kemira Calcium Chloride Acquisition) to exceed $175,000,000 or (b) make any Acquisition for consideration in excess of $50,000,000 (in each case, or its equivalent in other currencies as of the date of each relevant transaction); subject to the foregoing, the Parent and the Restricted Subsidiaries may at any time make any Acquisition or Capital Expenditure.
