Common use of Capital Expenditures, etc Clause in Contracts

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. The Borrowers 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 Restricted 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 Fiscal Year (or, in the case of the 1999 Fiscal Year, during the period set forth below, except Capital Expenditures from and including the Closing Date through the end of such Fiscal Year) which in the aggregate do not aggregate in excess of exceed the amount set forth below opposite such fiscal periodFiscal Year: Closing Date through 1997 -93- Capital Fiscal Year end $5,000,000 1998 Fiscal Year $8,000,000 Expenditure Amount ----------- ------------------ 1999 Fiscal Year $9,000,000 $ 2,000,000 2000 Fiscal Year $ 13,000,000 2001 $ 15,000,000 2002 $ 17,000,000 2003 $ 18,000,000 2004 and each $ 20,000,000 Fiscal Year thereafter $10,000,000; 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 (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 Holdings to the Agents 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 the Borrowers Holdings and their its Subsidiaries using the amount of Capital Expenditures permitted by this Section in Base Amount for such succeeding Fiscal Year Year, without giving effect to such carry-forward).

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-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. 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 9,500,000 2000 Fiscal Year through 2001 Fiscal Year $10,000,000 ($9,500,000 if the Arby's Securitization Residual Payment has been made) 2002 Fiscal Year and each Fiscal Year thereafter $10,000,00011,000,000 ($10,500,000 if the Arby's Securitization Residual Payment has been made); 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. The Borrowers 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 Fiscal Year (or, in the case of the 1999 Fiscal Year, during the period set forth below, except Capital Expenditures from and including the Closing Date through the end of such Fiscal Year) which in the aggregate do not aggregate in excess of exceed the amount set forth below opposite such fiscal periodFiscal Year: Closing Date through 1997 Capital Fiscal Year end Expenditure Amount ----------- ------------------ 1999 $5,000,000 1998 Fiscal Year 2,000,000 2000 $8,000,000 1999 Fiscal Year 13,000,000 2001 $9,000,000 2000 Fiscal Year 15,000,000 2002 $17,000,000 2003 $18,000,000; 2004 and each $20,000,000 Fiscal Year thereafter $10,000,000; providedPROVIDED, howeverHOWEVER, 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 (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 Holdings to the Agents 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 the Borrowers Holdings and their its Subsidiaries using the amount of Capital Expenditures permitted by this Section in Base Amount for such succeeding Fiscal Year Year, without giving effect to such carry-forwardcarryforward).