Common use of Capital Expenditures Clause in Contracts

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 in the aggregate during any fiscal year.

Appears in 3 contracts

Samples: Credit and Security Agreement (Qsgi Inc.), Credit and Security Agreement (Seaway Valley Capital Corp), Credit and Security Agreement (SPF Energy Inc)

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Capital Expenditures. The Borrower will not incur or contract to incur make any Capital Expenditures of more than in an aggregate amount exceeding $400,000 in the aggregate during any fiscal year100,000.

Appears in 3 contracts

Samples: Convertible Loan Agreement, Convertible Loan Agreement (Roundball LLC), Convertible Loan Agreement (Hickok Inc)

Capital Expenditures. The Borrower Borrowers will not incur or contract to incur Capital Expenditures of more than $400,000 6,000,000 in the aggregate during any the fiscal yearyear ending December 31, 2007.

Appears in 2 contracts

Samples: Credit and Security Agreement (Netlist Inc), Credit and Security Agreement (Netlist Inc)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 2,500,000 in the aggregate during any its fiscal yearyear ending December 31, 2005.

Appears in 2 contracts

Samples: Credit and Security Agreement (Exabyte Corp /De/), Credit and Security Agreement (Exabyte Corp /De/)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than (i) $400,000 2,200,000 in the aggregate during any fiscal yearyear 2002 and $1,200,000 in the aggregate during fiscal year 2003.

Appears in 2 contracts

Samples: Credit and Security Agreement (Digital Angel Corp), Credit and Security Agreement (Digital Angel Corp)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 500,000 in the aggregate during any its fiscal yearyear ending December 31, 2002.

Appears in 2 contracts

Samples: Credit and Security Agreement (San Holdings Inc), Credit and Security Agreement (San Holdings Inc)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 500,000 in the aggregate during any fiscal year.

Appears in 2 contracts

Samples: Credit and Security Agreement (Provena Foods Inc), Credit and Security Agreement (Micro Component Technology Inc)

Capital Expenditures. The Borrower and the Affiliate Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 150,000 in the aggregate during any fiscal year, or more than $50,000 in the aggregate for the fiscal quarter ending June 30, 2002.

Appears in 2 contracts

Samples: Credit and Security Agreement (Pro Dex Inc), Credit and Security Agreement (Pro Dex Inc)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 200,000 in the aggregate during any fiscal year.

Appears in 2 contracts

Samples: Credit and Security Agreement (Nebo Products Inc), Credit and Security Agreement (Allis Chalmers Corp)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 1,000,000 in the aggregate during any fiscal year, of which not more than $500,000 shall be unfinanced.

Appears in 2 contracts

Samples: Credit and Security Agreement (Rf Monolithics Inc /De/), Credit and Security Agreement (Rf Monolithics Inc /De/)

Capital Expenditures. The Borrower will not incur or contract to incur unfinanced Capital Expenditures of more than $400,000 1,500,000 in the aggregate during any fiscal year.

Appears in 2 contracts

Samples: Credit and Security Agreement, Credit and Security Agreement (Corsair Components, Inc.)

Capital Expenditures. The Borrower will not incur make or contract to incur Capital Expenditures in excess of more than $400,000 500,000.00 in the aggregate during in any fiscal year.

Appears in 2 contracts

Samples: Loan and Security Agreement (Broadwind Energy, Inc.), Loan and Security Agreement (Broadwind Energy, Inc.)

Capital Expenditures. The Borrower will shall not incur or contract to incur make aggregate unfinanced (including trade-ins) Capital Expenditures in any Fiscal Year in excess of more than $400,000 in the aggregate during any fiscal year250,000.

Appears in 2 contracts

Samples: Loan and Security Agreement (Trailer Bridge Inc), Loan and Security Agreement (Trailer Bridge Inc)

Capital Expenditures. The Borrower will not incur or -------------------- contract to incur Capital Expenditures of more than $400,000 3,500,000 in the aggregate during any fiscal yearyear 2001 of which not more than $1,500,000 shall be unfinanced.

Appears in 2 contracts

Samples: Credit and Security Agreement (Rf Monolithics Inc /De/), Credit and Security Agreement (Rf Monolithics Inc /De/)

Capital Expenditures. The Borrower Borrowers will not incur or contract to incur Capital Expenditures of more than $400,000 1,000,000 in the aggregate during any the fiscal yearyear ending December 31, 2008.

Appears in 1 contract

Samples: Credit and Security Agreement (Netlist Inc)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 150,000 in the aggregate during any fiscal year.. 107

Appears in 1 contract

Samples: Credit and Security Agreement (Allis Chalmers Corp)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 1,400,000 in the aggregate during any fiscal year.

Appears in 1 contract

Samples: Credit and Security Agreement (San Holdings Inc)

Capital Expenditures. The Borrower will not incur expend or contract to incur Capital Expenditures of expend more than $400,000 5,000 on any individual capital expenditures or more than $50,000 in the aggregate during in any fiscal year.

Appears in 1 contract

Samples: Loan Agreement (Mercury Waste Solutions Inc)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 1,000,000 in the aggregate during any fiscal year.

Appears in 1 contract

Samples: Credit and Security Agreement (First Team Sports Inc)

Capital Expenditures. The Borrower will not incur or contract to incur unfinanced Capital Expenditures of more than $400,000 150,000.00 in the aggregate during any fiscal year.

Appears in 1 contract

Samples: Credit and Security Agreement (Bionova Holding Corp)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 1,200,000 in the aggregate during any fiscal year.

Appears in 1 contract

Samples: Credit and Security Agreement (Rf Monolithics Inc /De/)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 150,000 in any single transaction or more than $350,000 in the aggregate during any fiscal year.

Appears in 1 contract

Samples: Credit and Security Agreement (Lectec Corp /Mn/)

Capital Expenditures. The Borrower Borrowers will not incur or contract to incur Capital Expenditures of more than $400,000 700,000 in the aggregate during the 2001 fiscal year, or more than $500,000 in the aggregate during any fiscal yearyear thereafter.

Appears in 1 contract

Samples: Credit and Security Agreement (Leather Factory Inc)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures (excluding expenditures for the water cooling plant) of more than $400,000 8,000,000 in the aggregate during any fiscal year.

Appears in 1 contract

Samples: Credit and Security Agreement (MGP Ingredients Inc)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 450,000 in the aggregate during the remainder of its fiscal year ending December 31, 1997, or of more than $850,000 in the aggregate during any fiscal year.

Appears in 1 contract

Samples: Credit and Security Agreement (Meteor Industries Inc)

Capital Expenditures. The Borrower will not incur or -------------------- contract to incur Capital Expenditures of more than $400,000 50,000.00 in the aggregate during any fiscal year, or more than $25,000.00 in any one transaction.

Appears in 1 contract

Samples: Credit and Security Agreement (Bentley International Inc)

Capital Expenditures. The Borrower Borrowers will not incur or contract to incur unfinanced Capital Expenditures of more than $400,000 200,000 in the aggregate during any the Borrowers' fiscal yearyear 1999, and zero thereafter.

Appears in 1 contract

Samples: Credit and Security Agreement (Medical Dynamics Inc)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 250,000.00 in the aggregate during any fiscal year.

Appears in 1 contract

Samples: Credit and Security Agreement (Winland Electronics Inc)

Capital Expenditures. The Borrower will not incur or contract to incur unfinanced Capital Expenditures of more than $400,000 725,000 for the fiscal year ending December 31, 2006 and $300,000 in the aggregate during any subsequent fiscal year.

Appears in 1 contract

Samples: Credit and Security Agreement (Pure Earth, Inc.)

Capital Expenditures. The Borrower will not incur or contract to incur unfinanced Capital Expenditures of more than $400,000 350,000.00 in the aggregate during any fiscal year.

Appears in 1 contract

Samples: Credit and Security Agreement (Waters Instruments Inc)

Capital Expenditures. The Borrower will shall not incur or contract to incur Capital Expenditures of more than $400,000 5,000,000.00 in the aggregate during any fiscal yearFiscal Year.

Appears in 1 contract

Samples: Credit Agreement (Pet DRx CORP)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 1,250,000 in the aggregate (of which amount not more than $350,000 shall be unfinanced Capital Expenditures) during any its fiscal yearyear ending September 30, 2008.

Appears in 1 contract

Samples: Credit and Security Agreement (Delphax Technologies Inc)

Capital Expenditures. The Borrower will not incur or contract to incur unfinanced Capital Expenditures of more than $400,000 500,000 in the aggregate during any fiscal year.

Appears in 1 contract

Samples: Credit and Security Agreement (Pure Earth, Inc.)

Capital Expenditures. The Borrower will shall not incur or contract to incur Capital Expenditures of more than $400,000 125,000 in the aggregate during any fiscal year, without prior written approval from Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (InterMetro Communications, Inc.)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 200,000 in the aggregate during any fiscal year."

Appears in 1 contract

Samples: Credit and Security Agreement (Naco Industries Inc)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 300,000 in the aggregate during any fiscal year.

Appears in 1 contract

Samples: Credit and Security Agreement (Delphax Technologies Inc)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 1,600,000 in the aggregate during any fiscal year.

Appears in 1 contract

Samples: Credit and Security Agreement (San Holdings Inc)

Capital Expenditures. The Borrower will and its Subsidiaries shall not incur or contract to incur Capital Expenditures in excess of more than $400,000 100,000 in the aggregate during any fiscal calendar year.

Appears in 1 contract

Samples: Loan and Security Agreement (Petros Pharmaceuticals, Inc.)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 2,000,000.00 in the aggregate during any fiscal year.

Appears in 1 contract

Samples: Credit and Security Agreement (Professional Veterinary Products LTD /Ne/)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 $ 100,000 in the aggregate during any fiscal year.

Appears in 1 contract

Samples: Credit and Security Agreement (Futech Interactive Products Inc)

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Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 1,750,000 in the aggregate during its fiscal year ending December 31, 2004, or more than $250,000 in the aggregate during any fiscal yearyear thereafter.

Appears in 1 contract

Samples: Credit Agreement (Winland Electronics Inc)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 [*] in the aggregate during any fiscal year.

Appears in 1 contract

Samples: Credit and Security Agreement (Professional Veterinary Products LTD /Ne/)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 60,000 in the aggregate during any fiscal yearthe Forbearance Period.

Appears in 1 contract

Samples: Limited Forbearance and Fifth Amendment to Amended and Restated Credit and Security Agreement (Rf Monolithics Inc /De/)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than One Million Dollars ($400,000 1,000,000) in the aggregate during any fiscal year.

Appears in 1 contract

Samples: Credit and Security Agreement (Telular Corp)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 875,000 in the aggregate during any fiscal yearyear 2003 or more than $65,000 in the aggregate during fiscal year 2004.

Appears in 1 contract

Samples: Credit and Security Agreement (2nd Swing Inc)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 600,000 in the aggregate during any fiscal year, or more than $250,000 in any one transaction.

Appears in 1 contract

Samples: Credit and Security Agreement (Lectec Corp /Mn/)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 30,000 in the aggregate during any fiscal yearthe Forbearance Period.

Appears in 1 contract

Samples: Limited Forbearance and Fourth Amendment to Amended and Restated Credit and Security Agreement (Rf Monolithics Inc /De/)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures capital expenditures of more than $400,000 5,000,000 in the aggregate during any fiscal year.

Appears in 1 contract

Samples: Loan Agreement (Computer Task Group Inc)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 800,000 in the aggregate during any fiscal year.

Appears in 1 contract

Samples: Credit and Security Agreement (San Holdings Inc)

Capital Expenditures. The Borrower will not incur or contract to incur unfinanced Capital Expenditures of more than $400,000 500,000 for the fiscal year ending December 31, 2006 and $300,000 in the aggregate during any subsequent fiscal year.

Appears in 1 contract

Samples: Credit and Security Agreement (Pure Earth, Inc.)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 1,000,000 in the aggregate during any fiscal year.

Appears in 1 contract

Samples: Credit and Security Agreement (San Holdings Inc)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 75,000 in the aggregate during any fiscal year, or more than $50,000 in any one transaction.

Appears in 1 contract

Samples: Credit and Security Agreement (Atrix Acquisition Corp)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than One Hundred Thousand Dollars ($400,000 100,000) in the aggregate during any fiscal year.

Appears in 1 contract

Samples: Credit and Security Agreement (Naturade Inc)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 1,500,000 in the aggregate during any the fiscal yearyear ending December 31, 2005.

Appears in 1 contract

Samples: Credit and Security Agreement (Netlist Inc)

Capital Expenditures. The Borrower will not incur or contract to incur unfinanced Capital Expenditures of more than $400,000 1,000,000 in the aggregate during any fiscal year.

Appears in 1 contract

Samples: Credit and Security Agreement (Corsair Components, Inc.)

Capital Expenditures. The Borrower will shall not incur or contract to incur Capital Expenditures of more than $400,000 in 5,400,000 for the aggregate during any fiscal yearyear ending December 31, 2011.

Appears in 1 contract

Samples: Senior Subordinated Note Purchase and Security Agreement (Physicians Formula Holdings, Inc.)

Capital Expenditures. The Borrower will shall not incur or contract to incur Capital Expenditures in any fiscal year capital expenditures, determined in accordance with generally accepted accounting principles, of more than $400,000 in 50,000,000; provided however that any portion of such $50,000,000 which is not expanded for capital expenditures may be rolled over and added to the aggregate during any capital expenditures permitted for the next fiscal year.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ameritrade Holding Corp)

Capital Expenditures. The Borrower Borrowers will not incur or contract to incur Capital Expenditures of more than $400,000 1,300,000 in the aggregate during any the fiscal yearyear ending December 31, 2008.

Appears in 1 contract

Samples: Credit and Security Agreement (Netlist Inc)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 4,500,000 in the aggregate during any fiscal year.

Appears in 1 contract

Samples: Credit and Security Agreement (MGP Ingredients Inc)

Capital Expenditures. The Borrower will shall not incur or contract to incur Capital Expenditures of more than $400,000 750,000 in the aggregate during any fiscal yearyear (commencing with Borrower’s fiscal year commencing April 1, 2009), or more than $150,000 in any one transaction.

Appears in 1 contract

Samples: Credit and Security Agreement (Command Security Corp)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 1,500,000 in the aggregate during any fiscal year."

Appears in 1 contract

Samples: Credit and Security Agreement (San Holdings Inc)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 1,000,000 in the aggregate during its fiscal year ending December 31, 2007, or any fiscal yearyear thereafter.

Appears in 1 contract

Samples: Credit Agreement (Winland Electronics Inc)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 2,000,000 in the aggregate during any fiscal year.

Appears in 1 contract

Samples: Credit and Security Agreement (Rf Monolithics Inc /De/)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 750,000 in the aggregate during any fiscal year.

Appears in 1 contract

Samples: Credit and Security Agreement (Corsair Components, Inc.)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than $400,000 200,000 in the aggregate during any its fiscal yearyear ending November 30, 1999.

Appears in 1 contract

Samples: Intercreditor Agreement (Naco Industries Inc)

Capital Expenditures. The Borrower will not incur or contract to incur Capital Expenditures of more than exceeding $400,000 1,000,000 in the aggregate during any fiscal year.

Appears in 1 contract

Samples: Credit and Security Agreement (Ultra Pac Inc)

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