Common use of Limitation on Capital Expenditures Clause in Contracts

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 $45,000,000 in any fiscal year of the Borrower; provided, that (i) up to 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 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; (b) Capital Expenditures made pursuant to an Asset Swap or with the proceeds of any Reinvestment Deferred Amount, any Unapplied Excess Cash Flow or any Contributed Equity; and (c) Permitted Investments and investments made pursuant to Section 7.8(p) to the extent constituting Capital Expenditures.

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 $45,000,000 in any fiscal year of the BorrowerBorrower not exceeding the amount set forth below opposite such fiscal year: Fiscal Year Amount ----------- ------ 2002 $ 8,500,000 2003 $ 9,000,000 2004 $10,000,000 2005 $12,000,000 2006 $12,000,000 2007 $12,000,000 ; provided, that (i) up to 50% of any such amount referred to aboveabove (without giving effect to any additional Capital Expenditures permitted during such fiscal year pursuant to clause (ii) below), if not so expended in the fiscal year for which it is permittedpermitted (as to such fiscal year, the "CapEx Carryforward Amount"), may be carried over for expenditure in the next succeeding fiscal year and year, (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 subclause (i) above andabove, second, in respect of amounts permitted for such fiscal year as provided above; (b) Capital Expenditures made pursuant to an Asset Swap or with the proceeds of any Reinvestment Deferred Amount, any Unapplied Excess Cash Flow or any Contributed Equity; and (c) Permitted Investments and investments made pursuant to Section 7.8(p) to the extent constituting Capital Expenditures.,

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 (excluding Capital Expenditures referred to in clause (b) of this Section 6.7) of the Borrower and its Subsidiaries in the ordinary course of business not exceeding $45,000,000 in any 50,000,000 per fiscal year of the Borroweryear; provided, that (i) up to 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 subclause (i) above andabove, second, in respect of amounts permitted for such fiscal year as provided above; (b) Capital Expenditures made pursuant to an Asset Swap or with the proceeds of any Reinvestment Deferred Amount, any Unapplied Excess Cash Flow Amount or any Contributed Equity; and (c) Permitted Investments and investments made pursuant to Section 7.8(p) to with the extent constituting Capital Expendituresthen applicable Available Cash.

Limitation on Capital Expenditures. Make or commit to make (by way of the acquisition of securities of a Person or otherwise) any expenditure in respect of the purchase or other acquisition of fixed or capital assets (excluding any such asset acquired in connection with normal replacement and maintenance programs properly charged to current operations) ("Capital Expenditure, Expenditures") except (a) Capital Expenditures from the proceeds of the Borrower any Reinvestment Deferred Amount and its Subsidiaries (b) for expenditures in the ordinary course of business not exceeding exceeding, in the aggregate for the Company and its Subsidiaries, the sum of (i) $45,000,000 in 80,000,000 during any fiscal year of the Borrower; providedCompany plus, that (i) beginning with the 2000 fiscal year, up to 50% $40,000,000 of any such amount referred to above, if that was not so expended in the prior fiscal year for which it is permitted, may be carried over for expenditure in the next succeeding fiscal year and (ii) provided that Capital Expenditures made pursuant to this clause (ai) during any fiscal year shall be deemed made, first, in respect of amounts carried over from the prior permitted for such fiscal year pursuant to subclause (i) as provided above and, second, in respect of amounts permitted for such carried over from the prior fiscal year), (ii) in any fiscal year as provided above; (b) of the Company, the amount of additional Capital Expenditures made which the Company and its Subsidiaries are permitted to make and commit to make pursuant to an Asset Swap or with the proceeds of any Reinvestment Deferred Amountsubsection 7.8, any Unapplied Excess Cash Flow or any Contributed Equity; and (ciii) Permitted Investments and investments made pursuant to Section 7.8(p) to in any fiscal year of the extent constituting Company, the aggregate Acquired Capital ExpendituresExpenditure Amount of all Acquired Businesses.

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 $45,000,000 in exceeding, for any fiscal year of set forth below, the Borrower; amount set forth below opposite such fiscal year: provided, that (i) up to 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 in the table above and second, 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 (b) Capital Expenditures made pursuant to an Asset Swap or with the proceeds of any Reinvestment Deferred Amount, any Unapplied Excess Cash Flow or any Contributed Equity; and (c) Permitted Investments and investments made pursuant to Section 7.8(p) to the extent constituting Capital Expenditures.

Limitation on Capital Expenditures. Make or commit to make (by way of the acquisition of securities of a Person or otherwise) any Capital Expenditure, Expenditure except for: (a) Capital Expenditures of the Borrower and its Subsidiaries expenditures in the ordinary course of business of the Borrower or its Subsidiaries not exceeding exceeding, in the aggregate for the Borrower and its Subsidiaries, $45,000,000 in 10,000,000 during any fiscal year of the Borrower; provided, provided that (i) up to 50% $4,000,000 of any such amount referred to above, if which is not so expended in the fiscal year for which it is permitted, permitted above may be carried carried-over to increase the amount permitted for expenditure the next fiscal year of the Borrower; and (b) in addition to the Capital Expenditures permitted pursuant to paragraph (a) of this subsection, to the extent such proceeds are not otherwise utilized pursuant to subsection 11.10(k) or (m) or 11.16(b), the Borrower and its Subsidiaries may make additional Capital Expenditures (which shall not be counted in the next succeeding limitations set forth in paragraph (a) of this subsection 11.9) consisting of the investment of (i) Excess Cash Flow generated during the prior fiscal year years of this Agreement and not required to be applied pursuant to subsection 7.5(e) 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; (b) Capital Expenditures made pursuant to an Asset Swap or with the proceeds of any Reinvestment Deferred Amount, any Unapplied Excess Cash Flow or any Contributed Equity; and (c) Permitted Investments and investments made pursuant to Section 7.8(p) to the extent constituting Capital Expenditures.

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 Borrowers and its their Subsidiaries in the ordinary course of business during 1998 or during any fiscal year thereafter in amount not exceeding $45,000,000 in any fiscal year of set forth below the Borrower; amount set forth opposite such fiscal year below: Fiscal Year Amount ----------- ------ 1999 $19,000,000 2000 $23,000,000 2001 $23,000,000 2002 $12,000,000 2003 $12,000,000 2004 $7,500,000 2005 $7,500,000 2006 $8,000,000 provided, that (i) up to 50% of any such amount referred to above, if not so expended in the fiscal year for which it is permittedpermitted (as to such fiscal year, the "CapEx Carryforward Amount"), 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 subclause (i) above and, second, in respect of amounts permitted for such fiscal year as provided above; and (b) Capital Expenditures made pursuant to an Asset Swap or with the proceeds of any Reinvestment Deferred Amount, any Unapplied Excess Cash Flow or any Contributed Equity; and (c) Permitted Investments and investments made pursuant to Section 7.8(p) to the extent constituting Capital Expenditures.

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 (excluding Capital Expenditures referred to in clauses (b) and (c) of this Section 7.7) of the Borrower and its Subsidiaries in the ordinary course of business not exceeding $45,000,000 in any per fiscal year of the Borroweryear; provided, that (i) up to 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 subclause (i) above andabove, second, in respect of amounts permitted for such fiscal year as provided above; (b) Capital Expenditures made pursuant to an Asset Swap or with the proceeds of any Reinvestment Deferred Amount, any Unapplied Excess Cash Flow or any Contributed Equity; Amount and (c) Permitted Capital Expenditures made with Available Cash to the extent such Available Cash has not been used to make Investments and investments made pursuant to Sections 7.8(i), (l), (m) or (p) or Restricted Payments pursuant to Sections 7.6(d) or (f), or to pay, prepay, repurchase, redeem or defease the Senior Subordinated Notes pursuant to Section 7.8(p) to the extent constituting Capital Expenditures7.9(a).

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 Group Members in the ordinary course of business not exceeding $45,000,000 in any 50,000,000 per fiscal year plus, in each fiscal year, 10.0% of revenues for the Borrowerimmediately preceding fiscal year from any Permitted Acquisitions; provided, provided that (i) up to 50% of any such amount referred to aboveabove for any fiscal year, 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 only and (ii) Capital Expenditures made pursuant to this clause (a) during any fiscal year shall be deemed made, made first, in respect of amounts originally permitted for such fiscal year as provided above and second in respect of amounts carried over from the prior fiscal year pursuant to subclause (i) above andabove, second, in respect of amounts permitted for such fiscal year as provided above; (b) Capital Expenditures made pursuant to an Asset Swap or with the proceeds of any Reinvestment Deferred Amount, any Unapplied Excess Cash Flow or any Contributed Equity; Amount and (c) Permitted Investments and investments made the acquisition of capital assets pursuant to Section 7.8(p) to the extent constituting Capital Expendituresany Acquisition Documentation.

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 Parent Borrower and its Subsidiaries in the ordinary course of business not exceeding $45,000,000 in any fiscal year of the Parent Borrower; provided, that (i) up to 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 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; (b) Capital Expenditures made pursuant to an Asset Swap or with the proceeds of any Reinvestment Deferred Amount, any Unapplied Excess Cash Flow or any Contributed Equity; and (c) Permitted Investments and investments made pursuant to Section 7.8(p) to the extent constituting Capital Expenditures.