Common use of Limitation on Capital Expenditures Clause in Contracts

Limitation on Capital Expenditures. Make or commit to make any Capital Expenditure, except Capital Expenditures of the Borrower and its Subsidiaries in the ordinary course of business in any fiscal year set forth below not to exceed the amount set forth below opposite such fiscal year: Fiscal Year Capital Expenditures ----------- -------------------- 2000 $100,000,000 2001 $105,000,000 2002 $115,000,000 2003 $115,000,000 provided, that (i) up to $35,000,000 of any such amount referred to above, if not so expended in the fiscal year for which it is permitted, may be carried over for expenditure in the next succeeding fiscal year and (ii) Capital Expenditures made during any fiscal year shall be deemed made, first, in respect of amounts permitted for such fiscal year as provided above and second, in respect of amounts carried over from the prior fiscal year pursuant to clause (i) above.

Limitation on Capital Expenditures. Make or commit to make any Capital Expenditure, except (a) Capital Expenditures of the Borrower and its Subsidiaries in the ordinary course of business not exceeding $50,000,000 in any fiscal year set forth below not to exceed the amount set forth below opposite such fiscal year: Fiscal Year Capital Expenditures ----------- -------------------- 2000 $100,000,000 2001 $105,000,000 2002 $115,000,000 2003 $115,000,000 ; provided, that (i) up to $35,000,000 10,000,000 of any such amount referred to above, if not so expended in the fiscal year for which it is permitted, may be carried over for expenditure in the next succeeding fiscal year and (ii) Capital Expenditures made pursuant to this clause (a) during any fiscal year shall be deemed made, first, in respect of amounts carried over from the prior fiscal year pursuant to subclause (i) above and second, in respect of amounts permitted for such fiscal year as provided above and second, in respect (b) Capital Expenditures made with the proceeds of amounts carried over from the prior fiscal year pursuant to clause (i) aboveany Reinvestment Deferred Amount.

Limitation on Capital Expenditures. Make or commit to make (by way of the acquisition of securities of a Person or otherwise) any Capital Expenditure, except (a) Capital Expenditures of the Borrower and its Subsidiaries in the ordinary course of business in any fiscal year set forth below not to exceed the amount set forth below opposite such fiscal year: Fiscal Year Capital Expenditures ----------- -------------------- 2000 exceeding $100,000,000 2001 $105,000,000 2002 $115,000,000 2003 $115,000,000 12,000,000; provided, that (i) up to $35,000,000 5,000,000 of any such amount referred to above, if not so expended in the fiscal year for which it is permitted, may be carried over for expenditure in the next succeeding fiscal year but not in any subsequent fiscal year, and (ii) Capital Expenditures made pursuant to this clause (a) during any fiscal year shall be deemed made, first, in respect of amounts carried over from the prior fiscal year pursuant to subclause (i) above and, second, in respect of amounts permitted for such fiscal year as provided above and second, (b) Capital Expenditures made with the proceeds of any Reinvestment Deferred Amount in respect of amounts carried over from the prior fiscal year pursuant to clause (i) aboveBorrower.

Limitation on Capital Expenditures. Make or commit to make (by way of the acquisition of securities of a Person or otherwise) any Capital Expenditure, except (a) Capital Expenditures of the Borrower and its Subsidiaries in the ordinary course of business in any fiscal year set forth below not to exceed the amount set forth below opposite such fiscal year: Fiscal Year Capital Expenditures ----------- -------------------- 2000 exceeding $100,000,000 2001 $105,000,000 2002 $115,000,000 2003 $115,000,000 provided, 20,000,000 per annum; provided that (i) up to $35,000,000 5,000,000 of any such amount referred to above, if not so expended in the fiscal year for which it is permitted, may be carried over for expenditure in the next succeeding fiscal year and (ii) Capital Expenditures made pursuant to this clause (a) during any fiscal year shall be deemed made, first, in respect of amounts carried over from the prior fiscal year pursuant to subclause (i) above and, second, in respect of amounts permitted for such fiscal year as provided above and second, in respect (b) Capital Expenditures made with the proceeds of amounts carried over from the prior fiscal year pursuant to clause (i) aboveany Reinvestment Deferred Amount.

Limitation on Capital Expenditures. Make or commit to make (by way of the acquisition of securities of a Person or otherwise) any Capital Expenditure, except (a) Capital Expenditures of the Borrower and its Subsidiaries not exceeding $10,000,000 in the ordinary course of business in any fiscal year set forth below not to exceed the amount set forth below opposite such 2000 and $5,500,000 in each fiscal year: Fiscal Year Capital Expenditures ----------- -------------------- 2000 $100,000,000 2001 $105,000,000 2002 $115,000,000 2003 $115,000,000 year thereafter, provided, that (i) up to $35,000,000 of any such amount referred to above, if not so expended in the fiscal year for which it is permitted, may be carried over for expenditure in the next succeeding fiscal year and (ii) Capital Expenditures made pursuant to this clause (a) during any fiscal fiscally year shall be deemed made, first, in respect of amounts permitted for such fiscal year as provided above and second, in respect of amounts carried over from the prior fiscal year pursuant to clause subclause (i) above, and (b) Capital Expenditures made with the proceeds of any Reinvestment Deferred Amounts.

Limitation on Capital Expenditures. Make or commit to make any Capital Expenditure, except (a) Capital Expenditures of the Borrower and its Subsidiaries in the ordinary course of business not exceeding $25,000,000 in any fiscal year set forth below not to exceed of the amount set forth below opposite such fiscal year: Fiscal Year Capital Expenditures ----------- -------------------- 2000 $100,000,000 2001 $105,000,000 2002 $115,000,000 2003 $115,000,000 Borrower; provided, that (i) up to $35,000,000 of any such amount referred to above, if not so expended in the fiscal year for which it is permitted, may be carried over for expenditure in the next succeeding fiscal year and (ii) Capital Expenditures made pursuant to this clause (a) during any fiscal year shall be deemed made, first, in respect of amounts permitted for such fiscal year as provided above and second, in respect of amounts carried over from the prior fiscal year pursuant to clause subclause (i) aboveabove and (b) Capital Expenditures made with the proceeds of any Reinvestment Deferred Amount.

Limitation on Capital Expenditures. Make or commit to make (by way of the acquisition of securities of a Person or otherwise) any Capital Expenditure, except Capital Expenditures of the Borrower and its Subsidiaries in the ordinary course of business not exceeding $10,000,000, in the aggregate, in any fiscal year set forth below not to exceed the amount set forth below opposite such fiscal year: Fiscal Year Capital Expenditures ----------- -------------------- 2000 $100,000,000 2001 $105,000,000 2002 $115,000,000 2003 $115,000,000 ; provided, that -------- (i) up to $35,000,000 2,000,000 of any such amount referred to above, if not so expended in the fiscal year for which it is permitted, may be carried over for expenditure in the next succeeding fiscal year and (ii) Capital Expenditures made during any fiscal year shall be deemed made, first, in respect of amounts permitted for such fiscal year as provided above and second, in respect of amounts ----- carried over from the prior fiscal year pursuant to clause subclause (i) above and, second, in respect of amounts permitted for such fiscal year as provided ------ above.

Limitation on Capital Expenditures. Make or commit to make any Capital Expenditure, except except: (a) during any fiscal year of the Borrowers, Capital Expenditures of the Borrower and its Subsidiaries in the ordinary course of business in any fiscal year set forth below an amount not to exceed the amount set forth below opposite such fiscal year: Fiscal Year Capital Expenditures ----------- -------------------- 2000 exceeding $100,000,000 2001 $105,000,000 2002 $115,000,000 2003 $115,000,000 12,000,000; provided, that (i) up to $35,000,000 50% of any such amount referred to above, if not so expended in the fiscal year for which it is permitted, may be carried over for expenditure in the next succeeding fiscal year and (ii) Capital Expenditures made pursuant to this clause (a) during any fiscal year shall be deemed made, first, in respect of amounts permitted for such fiscal year as provided above and second, in respect of amounts carried over from the prior fiscal year pursuant to clause subclause (i) above; and (b) Capital Expenditures made with the proceeds of any Reinvestment Deferred Amount.

Limitation on Capital Expenditures. Make or commit to make (by way of the acquisition of securities of a Person or otherwise) any Capital Expenditure, except (a) Capital Expenditures of the Borrower and its Subsidiaries in the ordinary course of business not exceeding $10,000,000 in any fiscal year set forth below not to exceed the amount set forth below opposite such fiscal year: Fiscal Year Capital Expenditures ----------- -------------------- 2000 $100,000,000 2001 $105,000,000 2002 $115,000,000 2003 $115,000,000 ; provided, that (i) up to $35,000,000 5,000,000 of any such amount referred to above, if not so expended in the fiscal year for which it is permitted, may be carried over for expenditure in the next succeeding fiscal year and (ii) Capital Expenditures made pursuant to this clause (a) during any fiscal year shall be deemed made, first, in respect of amounts carried over from the prior fiscal year pursuant to subclause (i) above and, second, in respect of amounts permitted for such fiscal year as provided above and second, in respect (b) Capital Expenditures made with the proceeds of amounts carried over from the prior fiscal year pursuant to clause (i) aboveany Reinvestment Amount.

Limitation on Capital Expenditures. Make or commit to make any Capital Expenditure, Expenditure (a) except Capital Expenditures of the Borrower and its Subsidiaries in the ordinary course of business in not exceeding $10,000,000 during any fiscal year set forth below not to exceed of the amount set forth below opposite such fiscal year: Fiscal Year Capital Expenditures ----------- -------------------- 2000 $100,000,000 2001 $105,000,000 2002 $115,000,000 2003 $115,000,000 provided, Borrower; provided that (i) up to $35,000,000 50% of any such amount referred to above, if not so expended in the fiscal year for which it is permitted, may be carried over for expenditure in the next succeeding fiscal year and (ii) Capital Expenditures made pursuant to this clause (a) during any fiscal year shall be deemed made, first, in respect of amounts permitted for such fiscal year as provided above and second, in respect of amounts carried over from the prior fiscal year pursuant to clause subclause (i) aboveabove and (b) Capital Expenditures made with the proceeds of any Reinvestment Deferred Amount.