Capital Expenditures, etc. The Borrower will not, and will not permit any of its Subsidiaries to, make or commit to make Capital Expenditures in any Fiscal Year, except Capital Expenditures which do not aggregate in any Fiscal Year in excess of $45,000,000 plus an amount equal to the lesser of (x) $5,000,000 and (y) 4% of revenues acquired from Investments made pursuant to clause (h) of Section 7.2.6 (net of revenues divested); provided, however, that (i) the amount of Capital Expenditures permitted to be made in the 1998 Fiscal Year shall not include Capital Expenditures made in respect of repurchase obligations under lease and sale-leaseback arrangements in an amount not to exceed $40,000,000, (ii) to the extent the amount of Capital Expenditures permitted to be made in any Fiscal Year pursuant to this Section (other than clause (i) above) exceeds the aggregate amount of Capital Expenditures actually made during such Fiscal Year, up to 100% of such excess amount may be carried forward to (but only to) the next succeeding Fiscal Year (any such amount to be certified by the Borrower to the Agents in the Compliance Certificate delivered for the last Fiscal Quarter of such Fiscal Year, and any such amount carried forward to a succeeding Fiscal Year shall be deemed to be used after the Borrower and its Subsidiaries use the amount of Capital Expenditures permitted by this Section without giving effect to such carry-forward) and (iii) the amount of Capital Expenditures permitted to be made from Net Cash Proceeds of Asset Sales pursuant to clause (A)(ii) of Section 7.2.12 (without duplication of Investments permitted as Capital Expenditures pursuant to clause (h) of Section 7.2.6) or Section 7.2.15 shall not be included for purposes of calculating compliance with this Section 7.2.8.
Capital Expenditures, etc. With respect to Capital Expenditures, the parties covenant and agree as follows:
(a) The Borrower will not, and will not permit any of its Restricted Subsidiaries to, make or commit to make Capital Expenditures in any Fiscal Year ending on or after to December 31, 2000, except Capital Expenditures of the Borrower and its Restricted Subsidiaries, not to exceed an amount (the "Base Amount") equal to (i) $17,500,000 in the case of any Fiscal Year; plus (ii) an aggregate amount in addition to the Base Amount over the term of this Agreement equal to $25,000,000; provided, however, that, to the extent the Base Amount exceeds the aggregate amount of Capital Expenditures (other than amounts permitted to be made pursuant to clause (a)(ii) above or clause (b) below) actually made during such Fiscal Year, such excess amount (up to an aggregate of 50% of the amount of the Base Amount for such Fiscal Year) may be carried forward to (but only to) the next succeeding Fiscal Year (any such amount to be certified by the Borrower to the Agents in the Compliance Certificate delivered for the last Fiscal Quarter of such Fiscal Year, and any such amount carried forward to a succeeding Fiscal Year shall be deemed to be used prior to the Borrower and its Restricted Subsidiaries using the Base Amount for such succeeding Fiscal Year, without giving effect to such carry-forward).
(b) The parties acknowledge and agree that the permitted Capital Expenditure level set forth in clause (a) above shall be exclusive of (i) the amount of Capital Expenditures actually made with cash capital contributions made to the Borrower or any of its Restricted Subsidiaries, directly or indirectly, by any Person other than the Borrower and its Restricted Subsidiaries, after the Closing Date and specifically identified in a certificate delivered by an Authorized Officer of the Borrower to the Agents on or about the time such capital contribution or equity issuance is made (but in any event prior to the time of the Capital Expenditure made with such capital contribution or equity issuance) (provided that, to the extent such cash capital contributions or any proceeds from such equity issuance constitute Net Equity Proceeds arising from the issuance by Holdco or the Borrower of their respective Capital Stock, only that portion of such Net Equity Proceeds which are not required to be applied as a prepayment pursuant to clause (d) of Section 3.1.1 may be used for Capital Expenditures pursuant to this clause ...
Capital Expenditures, etc. The Borrower will not, and will not permit any of its Subsidiaries to, make or commit to make Capital Expenditures in any Fiscal Year, except (i) Capital Expenditures for the acquisition of Vehicles and (ii) other Capital Expenditures which do not aggregate in excess of the amount set forth below opposite such Fiscal Year: -95- 102 1998 $86,000,000 1999 $65,000,000 2000 $70,000,000 2001 $73,000,000 2002 $77,000,000 2003 $40,000,000
Capital Expenditures, etc. The Borrower will not, and will -------------------------- not permit any of its Subsidiaries to, make or commit to make Capital Expenditures in any Fiscal Year in excess of $2,700,000 in the aggregate.
Capital Expenditures, etc. The Borrower will not, and ------------------------- will not permit any of its Subsidiaries to, make or commit to make Capital Expenditures in any period set forth below, except Capital Expenditures which do not aggregate in excess of the amount set forth below opposite such period: 1999 Fiscal Year $7,000,000 First 6 months of 2000 $7,000,000.
Capital Expenditures, etc. The Borrowers will not, and will not permit any of their Subsidiaries to, make or commit to make Capital Expenditures in any fiscal period set forth below, except Capital Expenditures which do not aggregate in excess of the amount set forth below opposite such fiscal period: Closing Date through 1997 Fiscal Year end $5,000,000 1998 Fiscal Year $8,000,000 1999 Fiscal Year $9,000,000 2000 Fiscal Year and each Fiscal Year thereafter $10,000,000; provided, however, that to the extent the amount of Capital Expenditures permitted to be made in any Fiscal Year pursuant to this Section exceeds the aggregate amount of Capital Expenditures actually made during such Fiscal Year, such excess amount (up to 50% of the total amount of Capital Expenditures permitted to be made in such Fiscal Year, without giving effect to any carry-forward) may be carried forward to (but only to) the next succeeding Fiscal Year (any such amount to be certified by the Borrowers to the Agents in the Compliance Certificate delivered for the last Fiscal Quarter of such Fiscal Year, and any such amount carried forward to a succeeding Fiscal Year shall be deemed to be used prior to the Borrowers and their Subsidiaries using the amount of Capital Expenditures permitted by this Section in such succeeding Fiscal Year without giving effect to such carry-forward).
Capital Expenditures, etc. ADT Limited will not, and will not permit any of its Subsidiaries to, make Capital Expenditures, except (i) Capital Expenditures in connection with conducting the Core Businesses and (ii) Capital Expenditures incurred in respect of Business Acquisitions permitted under Sections 4.2.5 and 4.2.9; provided, however, that no Capitalized Lease Liabilities otherwise permitted to be incurred pursuant to this Section shall be permitted to be incurred if the aggregate amount of all such Capitalized Lease Liabilities incurred during any Fiscal Year would exceed $30,000,000.
Capital Expenditures, etc. The Borrower will not, and will not permit any of its Subsidiaries to, make or commit to make Capital Expenditures in any Fiscal Year, except (subject (in the case of Capitalized Lease Liabilities) to clause (e) of Section 7.2.2) Capital Expenditures (exclusive of interest capitalized in accordance with GAAP) which do not aggregate in excess of the amount set forth below opposite such Fiscal Year: Capital Expenditure Amount Fiscal Year (in millions) ----------- ------------------ 2001 $252.0 2002 $212.5 2003 $143.0 2004 $109.0 2005 $112.5 2006 $112.5 2007 $112.5 provided, however, that
(i) in the event Capital Expenditures described in any capital budget for any Fiscal Year furnished pursuant to clause (j) of Section 7.1.1 are not made or committed to be made by the Borrower during such Fiscal Year, but will be made or committed to be made in the immediately succeeding Fiscal Year (such Capital Expenditures, "Deferred Capital Expenditures"), the Borrower may increase the maximum amount of Capital Expenditures permitted in the immediately succeeding Fiscal Year as specified opposite such Fiscal Year in the table set forth above by an amount equal to such Deferred Capital Expenditures, so long as (A) such Deferred Capital Expenditures do not exceed $15,000,000 for such Fiscal Year, (B) such Deferred Capital Expenditures, when added to the Capital Expenditures actually made or committed to be made in the Fiscal Year in which such Deferred Capital Expenditures were initially expected to be made, would not exceed the maximum amount of Capital Expenditures permitted in such Fiscal Year as specified opposite such Fiscal Year in the table set forth above, (C) the Borrower furnishes to the Administrative Agent and the Technical Agent an officer's certificate describing such Deferred Capital Expenditures and the reason for the deferral of such Capital Expenditures and stating that the deferral of such Capital Expenditures will not adversely affect in any material respect the Borrower's ability to meet the Mine Plans then in effect and (D) the Administrative Agent and the Technical Agent are reasonably satisfied that the contents of such certificate are true and correct; and
(ii) (A) to the extent Capital Expenditures are made or committed to be made in any Fiscal Year set forth above in an amount less than the maximum amount permitted for such Fiscal Year as specified opposite such Fiscal Year in the table set forth above (after decreasing such maximum amount by the...
Capital Expenditures, etc. The Borrowers will not, and will not permit any of their Subsidiaries to, make or commit to make Capital Expenditures in any Fiscal Year, except Capital Expenditures which do not aggregate in excess of the amount set forth below opposite such Fiscal Year: 1997 $45,000,000 1998 $45,000,000 1999 $50,000,000 2000 and each Fiscal Year thereafter $55,000,000; provided, however, that the Borrowers may make additional Capital Expenditures for new plant openings in an aggregate amount not to exceed $20,000,000.
Capital Expenditures, etc. The Borrower will not, and will not permit any of its Subsidiaries to, make or, commit to make, without duplication, Capital Expenditures in any Fiscal Year, in excess of the sum of the following
(a) $5,000,000; PLUS
(b) any amount permitted to be expended in respect of Capital Expenditures in the immediately preceding Fiscal Year pursuant to clause (a) above but not so expended.
