Capital Expenditures and Leases Clause Samples

Capital Expenditures and Leases. The Borrower shall not, and shall not permit any of its Subsidiaries to make any payments on account of the purchase of any assets which if purchased would constitute fixed assets or on account of the lease of any assets which if leased would constitute a capital lease, in the aggregate exceeding (i) $82,000,000 during the fiscal year of January 1, 1997 through December 31, 1997; and (ii) $75,000,000 in each fiscal year thereafter, and all such purchases of fixed assets or payments pursuant to such capital leases shall be made under usual and customary terms and in the ordinary course of business.

Capital Expenditures and Leases. Each of the Loan Parties shall not, and shall not permit any of their Subsidiaries to, contract for, purchase or make any expenditure or commitments for Capital Expenditures in an aggregate amount for all Loan Parties in excess of $50,000,000 per fiscal year. (i) Section 8.2.14 of the Credit Agreement shall be amended and restated in its entirety as follows:

Capital Expenditures and Leases. During each fiscal year, the Loan Parties and their Subsidiaries shall not, and shall not permit any of its Subsidiaries (other than Permitted Joint Ventures), to (a) contract for, purchase or make any expenditure for capital expenditures, which if purchased would constitute fixed assets, and (b) incur Indebtedness for capital leases in an aggregate amount for all Loan Parties and their Subsidiaries in excess of: (i) $80,000,000 for the fiscal year ending December 31, 2011 and (ii) $50,000,000 for each fiscal year thereafter

Capital Expenditures and Leases. Expend during any Fiscal -------------------------------- Year of Borrower, in Capital Expenditures, for itself and its Consolidated Subsidiaries, other than as contracted for as of the date hereof, or contract for any future Capital Expenditures, which in aggregate represent an amount exceeding (i) $6,500,000 in Fiscal Year 2001, and (ii) $6,000,000 in Fiscal Year 2002 without the Lender's prior written consent thereto, all as determined on a Consolidated basis for Borrower and its Consolidated Subsidiaries in accordance with GAAP.

Capital Expenditures and Leases. No Loan Party shall make, or permit any of its Subsidiaries to make, any Capital Expenditures in any fiscal year, other than Capital Expenditures made (i) in the ordinary course of business and on terms (whether of purchase or lease) which are usual and customary and (ii) in amounts which, when taken together with all other Capital Expenditures made by the Loan Parties and their Subsidiaries in such fiscal year, shall not exceed in the aggregate the amount set forth for such fiscal year on Schedule 8.2.16; provided, that if the amount set forth on Schedule 8.2.16 for any fiscal year shall exceed the aggregate amount of Capital Expenditures made by the Loan Parties and their Subsidiaries in such fiscal year, the amount of such excess may be carried forward and utilized for Capital Expenditures in subsequent fiscal years.

Capital Expenditures and Leases. Commencing with the fiscal year that commences January 1, 2015, the Loan Parties shall not permit the aggregate payments on account of Capital Expenditures of the Parent and its Subsidiaries to exceed Forty Million Dollars ($40,000,000) in any fiscal year, with any unspent portion of such Forty Million Dollars ($40,000,000) for such fiscal year available to roll over into the immediately subsequent fiscal year. Amounts spent in any fiscal year will first reduce the amount available for Capital Expenditures in that fiscal year prior to using any amounts rolled over from the immediately prior fiscal year. For the avoidance of doubt, in no event shall any unused portion for any fiscal year be rolled over or carried forward into any fiscal year beyond the immediately succeeding fiscal year.

Capital Expenditures and Leases. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, make any Capital Expenditures exceeding $5,000,000 in the aggregate in any fiscal year. All such capital expenditures and leases shall be made under usual and customary terms and in the ordinary course of business.

Capital Expenditures and Leases. Excluding the purchase of Rental Merchandise, each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, make any payments exceeding $20,000,000 in the aggregate in any fiscal year on account of the purchase or lease of any assets which if purchased would constitute fixed assets or which if leased would constitute a capitalized lease, or any payments exceeding $1,000,000 in the aggregate in any fiscal year on account of the rental or lease of real or personal property of any other Person which does not constitute a capitalized lease (other than leases of retail store sites and motor vehicles), and all such capital expenditures and leases shall be made under usual and customary terms and in the ordinary course of business.

Capital Expenditures and Leases. Each of the Loan Parties shall not make any payments on account of the purchase or lease of any assets which if purchased would constitute fixed assets or which if leased would constitute a capitalized lease to exceed $30,000,000 per fiscal year; provided, however, if such payments made by the Loan Parties in any fiscal year (including the 2018 fiscal year) are less than the amounts permitted for such fiscal year, then the lesser of $5,000,000 or such unpaid amounts may be added by the Loan Parties to the amounts permitted to be used for payments in future years (including a $5,000,000 carryover from the 2017 fiscal year to the 2018 fiscal year test), it being understood that any carryover amount applicable to a particular succeeding fiscal year shall be expended in such fiscal year first before the $30,000,000 permitted to be expended in such fiscal year is expended.