Certain Capital Expenditures Sample Clauses
The 'Certain Capital Expenditures' clause defines and regulates specific types of capital investments that a party is permitted or restricted from making under the agreement. Typically, this clause outlines thresholds, approval processes, or categories of expenditures—such as purchases of equipment, property improvements, or technology upgrades—that require prior consent or notification. By setting clear parameters around significant financial outlays, the clause helps prevent unauthorized spending, ensures budgetary discipline, and protects the interests of stakeholders by maintaining oversight over major investments.
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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:
13.5.1 If such CAP Expenditure is not the result of the specific and unique use of the Premises by Tenant (such as, governmentally mandated seismic modifications), then Landlord and Tenant shall allocate the cost of such CAP Expenditure as follows: Landlord shall perform the capital improvement and advance the funds necessary for such CAP Expenditure but Tenant shall be obligated to pay, each month during the remainder of the term of this Lease, on the date on which Base Rent is due, an amortized portion of such expenditure. Provided, however, that if such CAP Expenditure exceeds the Landlord Max CAP Exp (defined below), Landlord shall have the option to terminate this Lease upon 90 days prior written notice to Tenant unless Tenant notifies Landlord, in writing, within 30 days after receipt of Landlord's termination notice that Tenant will pay for the CAP Expenditure in excess of the Landlord Max CAP Exp. For purposes of this Lease, “Landlord Max CAP Exp” shall mean $200,000 from the Commencement Date through December 31, 2011, and shall be reduced to $100,000 from January 1, 2012 through the expiration of the Term.
13.5.2 Notwithstanding the foregoing, if the CAP Expenditures are instead triggered by Tenant as a result of an actual or proposed change in use, change in intensity of use, or modification to the Premises then, and in that event, Tenant shall be fully responsible for the cost thereof.
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. 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. 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. 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. The annual amortization over its useful life with a reasonable salvage value on a straight-line basis of the costs of any equipment or capital improvements made by Landlord after the Lease was signed, as a labor-saving measure or to accomplish other savings in operating, repairing, managing or maintaining of the Building, but only to the extent of the savings.
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. 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.
Certain Capital Expenditures. Prior to the Closing, the Seller shall, and shall cause its Affiliates (including the Acquired Companies) to, use commercially reasonable efforts to make capital expenditures in respect of the Business in an aggregate amount no less than the CapEx Target Amount; provided that, if the Closing Date occurs on a date other than the first calendar day of a month, it shall not be a breach of this Section 5.19 if the aggregate amount of capital expenditures made by the Seller in respect of the Business for the applicable period set forth in Section 1.01(a) of the Disclosure Schedule in which the Closing Date occurs is less than the applicable portion of the CapEx Target Amount for such period; provided, further, that, in the event the Seller fails to make the capital expenditures described in this Section 5.19, the Purchase Price shall be adjusted by the CapEx Shortfall Amount in accordance with Section 2.07.