Common use of Consolidated Capital Expenditures Clause in Contracts

Consolidated Capital Expenditures. Make or commit to make any Consolidated Capital Expenditure, except Consolidated Capital Expenditures of the Borrowers and their respective Subsidiaries in the ordinary course of business not exceeding (a) for the fiscal year of Holdings ending June 30, 2007, 25%, (b) for the fiscal year of Holdings ending June 30, 2008, 30%, and (c) for each fiscal year of Holdings ending after June 30, 2008, 25%, of Consolidated EBITDA for the immediately preceding fiscal year (determined on a Pro Forma Basis as if any Material Acquisitions and Material Dispositions that occurred following the end of such immediately preceding fiscal year had occurred at the beginning of such immediately preceding fiscal year); provided that (i) up to 50% of any such amount that is not expended in the fiscal year for which it is permitted may be carried over for expenditure in the next succeeding fiscal year only and (ii) Consolidated Capital Expenditures made pursuant to this Section 7.7 during any fiscal year shall be deemed made, first, in respect of amounts carried over from the prior fiscal year pursuant to clause (i) above and, second, in respect of amounts permitted for such fiscal year as provided above; and provided, further, that prior to the delivery of the annual audited financial statements for the immediately preceding fiscal year pursuant to Section 6.1(a), Consolidated Capital Expenditures of the Borrowers and their respective Subsidiaries shall not exceed a dollar amount equal to 35% of the maximum limitation on Consolidated Capital Expenditures that was applicable during the immediately preceding fiscal year.

Consolidated Capital Expenditures. Make The Borrowers will not make, or commit permit any Subsidiary of either of the Borrowers to make any Consolidated Capital Expendituremake, except Consolidated Capital Expenditures (excluding Consolidated Capital Expenditures incurred in connection with acquisitions of stock or assets permitted by Section 8.5.1 hereof) in any fiscal year covering the period closest to the periods set forth in the table below that, when added (without duplication) to the aggregate principal amount of Indebtedness incurred by the Borrowers and their respective the Designated Subsidiaries in connection with the ordinary course acquisition of business not exceeding (apersonal property pursuant to Section 8.1(i) for hereof, exceed, in the aggregate, the amount set forth opposite such period in such table; provided, however, that, if during any fiscal year the amount of Holdings ending June 30, 2007, 25%, (b) Consolidated Capital Expenditures permitted for the that fiscal year of Holdings ending June 30is not so utilized, 2008, 30%, and (c) for each fiscal year of Holdings ending after June 30, 2008, 25%, of Consolidated EBITDA for the immediately preceding fiscal year (determined on a Pro Forma Basis as if any Material Acquisitions and Material Dispositions that occurred following the end up to $10,000,000 of such immediately preceding fiscal year had occurred at the beginning of such immediately preceding fiscal year); provided that (i) up to 50% of any such unutilized amount that is not expended in the fiscal year for which it is permitted may be carried over for expenditure utilized in the next succeeding fiscal year only and (ii) Consolidated Capital Expenditures made pursuant to this Section 7.7 during but not in any subsequent fiscal year shall be deemed made, first, in respect of amounts carried over from the prior fiscal year pursuant to clause (i) above and, second, in respect of amounts permitted for such fiscal year as provided aboveyear; and provided, further, that prior to the delivery of the annual audited financial statements for in any fiscal year, any unutilized amounts carried forward from the immediately preceding fiscal year pursuant to Section 6.1(a), shall be available as permitted Consolidated Capital Expenditures of first, prior to counting the Borrowers and their respective Subsidiaries shall not exceed a dollar amount equal to 35% of the maximum limitation on actual Consolidated 82 -76- Capital Expenditures that was applicable during for such fiscal year against the immediately preceding permitted amount for such fiscal yearyear set forth in the table below.

Consolidated Capital Expenditures. Make or commit to make any Consolidated Capital Expenditure, except Consolidated Capital Expenditures of the Borrowers and their respective Subsidiaries in the ordinary course of business and to the extent, after any such Capital Expenditure, that Consolidated Capital Expenditures during any Fiscal Year do not exceeding (a) for the fiscal year of Holdings ending June 30, 2007, 25%, (b) for the fiscal year of Holdings ending June 30, 2008, 30%, and (c) for each fiscal year of Holdings ending after June 30, 2008, 25%, 35% of Consolidated EBITDA plus the Currency Adjustment Reserve for the immediately preceding fiscal year Fiscal Year (determined on a Pro Forma Basis as if any Material Acquisitions and Material Dispositions that occurred following the end of such immediately preceding fiscal year Fiscal Year had occurred at the beginning of such immediately preceding fiscal yearFiscal Year); provided that (ia) up to 50% of any such amount that is not expended in the fiscal year Fiscal Year for which it is permitted may be carried over for expenditure Capital Expenditure in the next succeeding fiscal year Fiscal Year only and (iib) Consolidated Capital Expenditures made pursuant to this Section 7.7 during any fiscal year Fiscal Year shall be deemed made, first, in respect of amounts carried over from the prior fiscal year Fiscal Year pursuant to clause (ia) above and, second, in respect of amounts permitted for such fiscal year Fiscal Year as provided above; and provided, further, that prior to the delivery of the annual audited financial statements for the immediately preceding fiscal year Fiscal Year pursuant to Section 6.1(a), Consolidated Capital Expenditures of the Borrowers and their respective Subsidiaries during any Fiscal Year shall not exceed a dollar amount equal to 35% of the maximum limitation on Consolidated Capital Expenditures that was applicable during the such immediately preceding fiscal yearFiscal Year.

Consolidated Capital Expenditures. Make or commit to make any Consolidated Capital Expenditure, except Consolidated Capital Expenditures of the Borrowers and their respective Subsidiaries in the ordinary course of business and to the extent, after any such Capital Expenditure, that Consolidated Capital Expenditures during Fiscal Year 2014 do not exceed $128.8 million and during any subsequent Fiscal Year do not exceeding (a) for the fiscal year of Holdings ending June 30, 2007, 25%, (b) for the fiscal year of Holdings ending June 30, 2008, 30%, and (c) for each fiscal year of Holdings ending after June 30, 2008, 25%, 35% of Consolidated EBITDA plus the Currency Adjustment Reserve for the immediately preceding fiscal year Fiscal Year (determined on a Pro Forma Basis as if any Material Acquisitions and Material Dispositions that occurred following the end of such immediately preceding fiscal year Fiscal Year had occurred at the beginning of such immediately preceding fiscal yearFiscal Year); provided that (ia) up to 50% of any such amount that is not expended in the fiscal year Fiscal Year for which it is permitted may be carried over for expenditure Capital Expenditure in the next succeeding fiscal year Fiscal Year only and (iib) Consolidated Capital Expenditures made pursuant to this Section 7.7 during any fiscal year Fiscal Year shall be deemed made, first, in respect of amounts carried over from the prior fiscal year Fiscal Year pursuant to clause (ia) above and, second, in respect of amounts permitted for such fiscal year Fiscal Year as provided above; and provided, further, that prior to the delivery of the annual audited financial statements for the immediately preceding fiscal year Fiscal Year pursuant to Section 6.1(a), Consolidated Capital Expenditures of the Borrowers and their respective Subsidiaries during any Fiscal Year shall not exceed a dollar amount equal to 35% of the maximum limitation on Consolidated Capital Expenditures that was applicable during the such immediately preceding fiscal yearFiscal Year.

Consolidated Capital Expenditures. Make The Borrowers will not make, or commit permit any Subsidiary of the Borrowers to make any Consolidated Capital Expendituremake, except Consolidated Capital Expenditures (excluding Consolidated Capital Expenditures incurred in connection with acquisitions of stock or assets permitted by §11.5.1 hereof) in any fiscal year covering the period set forth in the table below that, when added (without duplication) to the aggregate principal amount of Indebtedness incurred by the Borrowers and their respective the Designated Subsidiaries in connection with the ordinary course acquisition of business not exceeding (apersonal property pursuant to §11.1(d) for hereof during such fiscal year, exceed, in the aggregate, the amount set forth opposite such period in such table: 2000 $ 100,000,000 2001 $ 110,000,000 2002 $ 125,000,000 2003 $ 85,000,000 2004 $ 85,000,000 2005 $ 90,000,000 provided, however, that, if during any fiscal year the amount of Holdings ending June 30, 2007, 25%, (b) Consolidated Capital Expenditures permitted for the that fiscal year of Holdings ending June 30is not so utilized, 2008, 30%, and (c) for each fiscal year of Holdings ending after June 30, 2008, 25%, of Consolidated EBITDA for the immediately preceding fiscal year (determined on a Pro Forma Basis as if any Material Acquisitions and Material Dispositions that occurred following the end up to $25,000,000 of such immediately preceding fiscal year had occurred at the beginning of such immediately preceding fiscal year); provided that (i) up to 50% of any such unutilized amount that is not expended in the fiscal year for which it is permitted may be carried over for expenditure utilized in the next succeeding fiscal year only and (ii) Consolidated Capital Expenditures made pursuant to this Section 7.7 during but not in any subsequent fiscal year shall be deemed made, first, in respect of amounts carried over from the prior fiscal year pursuant to clause (i) above and, second, in respect of amounts permitted for such fiscal year as provided aboveyear; and provided, further, that prior to the delivery of the annual audited financial statements for in any fiscal year, any unutilized amounts carried forward from the immediately preceding fiscal year pursuant to Section 6.1(a), shall be available as permitted Consolidated Capital Expenditures of first, prior to counting the Borrowers and their respective Subsidiaries shall not exceed a dollar amount equal to 35% of the maximum limitation on actual Consolidated Capital Expenditures that was applicable during for such fiscal year against the immediately preceding permitted amount for such fiscal year.”

Consolidated Capital Expenditures. Make or commit to make any Consolidated Capital Expenditure, except Consolidated Capital Expenditures of the Borrowers and their respective Subsidiaries in the ordinary course of business not exceeding (a) for the fiscal year of Holdings ending June 30, 2007, 25%, (b) for the fiscal year of Holdings ending June 30, 2008, 30%, and (c) for each fiscal year of Holdings ending after June 30, 2008, 25%, 35% of Consolidated EBITDA for the immediately preceding fiscal year (determined on a Pro Forma Basis as if any Material Acquisitions and Material Dispositions that occurred following the end of such immediately preceding fiscal year had occurred at the beginning of such immediately preceding fiscal year); provided that (i) up to 50% of any such amount that is not expended in the fiscal year for which it is permitted may be carried over for expenditure in the next succeeding fiscal year only and (ii) Consolidated Capital Expenditures made pursuant to this Section 7.7 during any fiscal year shall be deemed made, first, in respect of amounts carried over from the prior fiscal year pursuant to clause (i) above and, second, in respect of amounts permitted for such fiscal year as provided above; and provided, further, that prior to the delivery of the annual audited financial statements for the immediately preceding fiscal year pursuant to Section 6.1(a), Consolidated Capital Expenditures of the Borrowers and their respective Subsidiaries shall not exceed a dollar amount equal to 35% of the maximum limitation on Consolidated Capital Expenditures that was applicable during the immediately preceding fiscal year.