Certain Capital Expenditures. Notwithstanding anything to the contrary in this Lease, if a capital expenditure, repair or replacement (as that terms are defined under generally accepted accounting principles) (a “Capital Expenditure”) is required in connection with Tenant’s obligations set forth in Section 9.1 above, and the useful life of such improvement extends beyond the scheduled expiration of the Term, then Tenant shall provide notice to Landlord of such requirement and the costs thereof shall be allocated as follows: Tenant shall pay for the entire cost of such improvement and Landlord shall reimburse Tenant within thirty (30) days from the receipt of an invoice for a portion of the cost of the improvement which is based upon the amount of the useful life of the improvement which extends beyond the Term, or at Tenant’s option, Tenant may elect to have such amount owed by Landlord set off against Base Rent and Additional owed by Tenant hereunder. In the event the cost of such Capital Expenditure requiring a contributory payment by Landlord hereunder shall exceed Two Million Dollar ($2,000,000), Landlord shall have the right to approve such Capital Expenditure, which approval shall not be unreasonably withheld. If Landlord shall not approve such Capital Expenditure, the parties shall reasonably cooperate to address such repair or replacement in a manner reasonably acceptable to both parties. As an example only, if the cost of the improvement is $100,000, the useful life of the improvement is 10 years, and there are 3 years remaining in the Term, the Landlord shall reimburse (or give Tenant a credit against Base Rent and Additional Rent, as applicable) Tenant in the amount of $70,000. To the extent the Tenant extends the Term pursuant Section 1.3 or elects to purchase the Leased Premises pursuant to Article XXI, Tenant shall pay to Landlord, on or before the commencement of the Extension Term or upon the Closing (as defined in Section 21.4), as applicable, any amounts paid by Landlord hereunder that relate to the useful life of the improvement that is for any portion of the Extension Term or, in the case of the Tenant’s election to purchase the Leased Premises, the full amount of paid by Landlord with respect thereto.
Certain Capital Expenditures. During the term of the Berth 121 Sublease, Customer shall reimburse Operator for any capital expenditures incurred by Operator with respect to Terminal 1 to the extent such expenditures were required by the Berth 121 Lease, the Berth 121 Sublease or any contract assumed by Operator pursuant to the Berth 121 Sublease.
Certain Capital Expenditures. All of the growth capital expenditures relating to the Appalachian Assets set forth on Schedule 6.9 shall have been made by or on behalf of the Subject Entities.
Certain Capital Expenditures. Borrower shall cause all Required Repairs to be completed within the corresponding time period for each item of work indicated in the column entitled “Completion Time Following Effective Date” in Schedule 7.4(C).
Certain Capital Expenditures. Any purchase subsequent to the Effective Date by KPMG of a capital asset (as such term is defined by KPMG’s accounting policies on the Effective Date) used in the provision of services to Consulting and which is reasonably expected to have a useful life longer than the remaining Term (as defined in Section 7.01) of this Agreement will require the prior consent of Consulting.
Certain Capital Expenditures. The U.S. Borrower and its Subsidiaries shall not make Capital Expenditures to acquire equipment for lease to their customers in an aggregate amount in excess of $2,500,000 during any Fiscal Year.
Certain Capital Expenditures. Except as expressly permitted by Section 5.01, make any capital expenditures for items other than for the exploration, development or purchase of oil and gas properties located in the United States, or for the purchase of equipment to facilitate the production of oil or gas owned by Borrower or any of its Subsidiaries exceeding $300,000.00 annually, on a consolidated basis.
Section 7.01 (a) is hereby amended by adding "and Section 2.19" after "2.08" in the 4th line thereof.
Section 7.01 is hereby amended by deleting subparagraph (e) thereof in its entirety, and replacing it with the following text:
Certain Capital Expenditures. From January 1, 2011 until earlier of the Closing Date or the termination of this Agreement (the “Cap Ex End Date”), Seller shall continue to make capital expenditures on the Nodes as directed and/or approved in writing by Purchaser and/or AT&T in accordance with the AGN Cooperation Agreement (the “Reimbursable CAPEX”). For a period equal to the statute of limitations, Seller will keep records and reasonably satisfactory evidence of all Reimbursable CAPEX with respect to capacity demands (installed and/or to be installed) and technology upgrades for the period commencing January 1, 2011 and ending on the Cap Ex End Date. At or as promptly as practicable after the Closing Date (but in no event later than thirty (30) days after receipt by Purchaser of the evidence described below), and, after receipt of evidence from the Seller reasonably satisfactory to the Purchaser confirming the implementation (investment) by the Seller of the Reimbursable CAPEX, Purchaser will or will cause one of its Affiliates to take title to the Reimbursable CAPEX assets and pay to Seller in cash an amount equal to the Reimbursable CAPEX, including the corresponding amount dictated by the Mexican Value Added Tax Law paid by the Seller, to the same account designated by Seller pursuant to Section 2.3 (Payment of Purchase Price). If Purchaser has not made the payment of the Reimbursable CAPEX within thirty (30) days as required, interest shall begin accruing at a rate of 6.45% per annum, compounded annually, on the 31st day after receipt of such evidence by Purchaser and shall stop accruing on the date the Reimbursable CAPEX is paid, and Seller shall simultaneously provide Purchaser with the corresponding Invoice.
Certain Capital Expenditures. During the fiscal year ended December 27, 2005, the Company and the Subsidiaries incurred or paid restaurant development capital expenditures (excluding maintenance capital expenditures and land bank purchases) in an aggregate amount of approximately $20,285,000. Set forth in Section 4.28 of the Disclosure Schedule (the “2005 Capital Expenditure Report”) is a true and complete list of each Company Restaurant for which such capital expenditures were incurred or paid, an indication of the whether the upgrade was a “Relocation”, a “Rebuild”, a “Remodel”, or a “Reimage”, the amount of the capital expenditure made in furtherance of such upgrade and the date such upgrade was complete (if completed as of the date hereof).
Certain Capital Expenditures. Make any capital expenditures for items other than for the exploration, development or purchase of Oil and Gas Properties located in the United States or for the purchase of equipment to facilitate the production of oil or gas owned by Borrower or any of its Subsidiaries exceeding $300,000.00 annually, on a consolidated basis.
