Capital Expenditures, etc. With respect to Capital Expenditures, the parties covenant and agree as follows:
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. (a) Subject (in the case of Capitalized Lease Liabilities) to clause (e) of Section 7.2.2, the Borrowers will not, and will not permit any of their respective Subsidiaries to, make or commit to make any Capital Expenditures on or after the Amendment Effective Date, other than Capital Expenditures made or committed to be made by a Borrower and its respective Subsidiaries in any Fiscal Year which in the aggregate do not exceed (i) $22,500,000 for the 2004 Fiscal Year, (ii) $28,000,000 million for the 2005 Fiscal Year, and (iii) $25,000,000 for any Fiscal Year thereafter; provided that to the extent that Capital Expenditures made by the Borrowers and their respective Subsidiaries during any Fiscal Year (or portion thereof) are less than the maximum amount permitted to be made for such Fiscal Year 100% of such unused amount (each such amount, a "carry-forward amount") may be carried forward to the immediately succeeding Fiscal Year and utilized to make Capital Expenditures in such succeeding Fiscal Year (it being understood and agreed that no carry forward amount may be carried beyond the Fiscal Year immediately succeeding the Fiscal Year in which it arose); provided, further, that, in addition to the foregoing, from and after the consummation of any Permitted Acquisition, the maximum Capital Expenditure amounts set forth above for each Fiscal Year shall be increased by an amount equal to 3% of the gross sales of each Person or business acquired in each such Permitted Acquisition for the 12-month period most recently ended prior to the consummation of such Permitted Acquisition for which financial statements are available for such Person or business (provided that the Capital Expenditure amount for the Fiscal Year in which such Permitted Acquisition is consummated shall only be increased by the amount set forth above in this proviso multiplied by a fraction the numerator of which is the number of days remaining in such Fiscal Year and the denominator of which is 365 or 366, as the case may be).
Capital Expenditures, etc. Subject (in the case of Capitalized Lease Liabilities), to CLAUSE (e) of SECTION 7.2.2, Holdings and each Borrower will not, and will not permit any of their respective Subsidiaries to, make or commit to make Capital Expenditures other than Capital Expenditures made or committed to be made by the Borrowers and their respective Subsidiaries in any Fiscal Year (or, in the case of the 1999 Fiscal Year, during the period from and including the Closing Date through the end of such Fiscal Year) which in the aggregate do not exceed the amount set forth below opposite such Fiscal Year: Capital Fiscal Year Expenditure Amount ----------- ------------------ 1999 $2,000,000 2000 $13,000,000 2001 $15,000,000 2002 $17,000,000 2003 $18,000,000; 2004 and each $20,000,000 Fiscal Year thereafter PROVIDED, HOWEVER, that (i) to the extent the amount of Capital Expenditures permitted to be made in any Fiscal Year pursuant to this Section without giving effect to this proviso (the "BASE AMOUNT") exceeds the aggregate amount of Capital Expenditures actually made during such Fiscal Year, such excess amount may be carried forward to (but only to) the next succeeding Fiscal Year (any such amount to be certified by Holdings to the Administrative Agent 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 Holdings and its Subsidiaries using the Base Amount for such succeeding Fiscal Year, without giving effect to such carryforward).
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. Each Borrower will not, and will not permit any of its Subsidiaries to, make or commit to make Capital Expenditures in any Fiscal Year, except (a) Capital Expenditures for the acquisition of Vehicles and (b) other Capital Expenditures which do not aggregate in any Fiscal Year set forth below the amount set forth opposite such Fiscal Year: Fiscal Year Amount ----------- ------ 2004 $50,000,000 2005 50,000,000 2006 50,000,000 2007 60,000,000 2008 60,000,000 2009 30,000,000
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 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 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
Capital Expenditures, etc. Holdings and the Borrowers will not, and will not permit any of their Subsidiaries to, make Capital Expenditures in any Fiscal Year, except Capital Expenditures which do not aggregate in any Fiscal Year in excess of the amount set forth opposite each Fiscal Year below: Fiscal Year Amount December 31, 2012 $ 75,000,000 December 31, 2013 $ 75,000,000 December 31, 2014 $ 75,000,000 December 31, 2015 $ 55,000,000 December 31, 2016 $ 55,000,000 provided, however, that no such Capital Expenditure shall be made if any Default or Event of Default shall have occurred and be continuing immediately prior to or after giving effect to the making of any such Capital Expenditure. To the extent Capital Expenditures are made during any period in an amount less than the amounts provided in the above chart, (a) the Capital Expenditures that may be made pursuant to this Section in the next following period as provided in the above chart shall be increased by 50% of the amount of the permitted Capital Expenditures not so made in the immediately preceding period (the “Carry-Forward Amount”); (b) no Carry-Forward Amount may be carried-forward beyond the immediately following period in which it arose; and (c) the full amount of any Carry-Forward Amount shall be used in each applicable period before any of the Capital Expenditures permitted to be made in such period (without giving effect to any Carry-Forward Amount) shall be used.
