Common use of Cash Capital Expenditures Clause in Contracts

Cash Capital Expenditures. Make or become legally obligated to make any cash Capital Expenditure, except for cash Capital Expenditures in the ordinary course of business not exceeding, in the aggregate for Holdings and its Subsidiaries during each Fiscal Year, $15,000,000; provided, however, if as of the last day of any Fiscal Year, Holdings and its Subsidiaries have made cash Capital Expenditures in the period consisting of four (4) Fiscal Quarters then ended in an aggregate amount less than the applicable amount set forth above, then so long as no Event of Default has occurred an amount equal to the lesser of (a) fifty percent (50%) of the unused portion of such permitted cash Capital Expenditures for such Fiscal Year (excluding any unused amounts carried over from the Fiscal Year prior to such Fiscal Year) and (b) $7,500,000 may be carried over for expenditure in the immediately following Fiscal Year, and if any such amount is so carried over, will be deemed used in the applicable subsequent Fiscal Year before the amount of permitted cash Capital Expenditures for such following Fiscal Year set forth above.

Appears in 8 contracts

Samples: Amendment No. 4 (Bojangles', Inc.), Amendment No. 4 (Bojangles', Inc.), Credit Agreement (Bojangles', Inc.)

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Cash Capital Expenditures. Make or become legally obligated to make any cash Capital Expenditure, except for cash Capital Expenditures in the ordinary course of business not exceeding, in the aggregate for Holdings and its Subsidiaries during each Fiscal Year, $15,000,00030,000,000; provided, however, if as of the last day of any Fiscal Year, Holdings and its Subsidiaries have made cash Capital Expenditures in the period consisting of four (4) Fiscal Quarters then ended in an aggregate amount less than the applicable amount set forth above, then so long as no Event of Default has occurred an amount equal to the lesser of (a) fifty percent (50%) of the unused portion of such permitted cash Capital Expenditures for such Fiscal Year (excluding any unused amounts carried over from the Fiscal Year prior to such Fiscal Year) and (b) $7,500,000 15,000,000 may be carried over for expenditure in the immediately following Fiscal Year, and if any such amount is so carried over, will be deemed used in the applicable subsequent Fiscal Year before the amount of permitted cash Capital Expenditures for such following Fiscal Year set forth above.

Appears in 1 contract

Samples: Credit Agreement (Bojangles', Inc.)

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