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. 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. Notwithstanding the foregoing provisions of this Section 13 or of Section 7, if the Laws are hereafter changed so as to require during the term of this Lease the construction of an addition to or an alteration of the Premises or the reinforcement or other physical modification of the Premises or if the repair or replacement of any portion of the Building (excluding any of the Tenant’s Alterations) for which Tenant is otherwise responsible to repair or replace under this Lease is of a capital nature under generally accepted accounting principals and the cost to repair or replace the same exceeds $10,000 per occasion not to exceed $40,000 per year (each, a “CAP Expenditure”), then Landlord and Tenant shall allocate the cost of such work as follows:
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 $3,500,000 during any Fiscal Year.
Certain Capital Expenditures. Borrower shall cause Mortgage Borrower to complete all Required Repairs 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. 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. The Company agrees to use commercially reasonable efforts to make the capital expenditures set forth in Section 4.1(d) of the Company Disclosure Letter at the time or times as provided therein.
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. Parent represents and warrants to Purchaser that the actual amount of capital expenditures made by the Companies and their Subsidiaries during the period between April 27, 1999 and Closing (exclusive of any capital lease expenditures) is at least $88,600,000. In determining the characterization of expenditures as capital expenditures hereunder, Parent's good faith determination shall be conclusive and not subject to challenge unless Parent has engaged in intentional misrepresentation or fraud in calculating such expenditures.
