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 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) except for: (a) Permitted Acquisitions permitted by Section 8.4 hereof; and (b) Capital Expenditures which shall not exceed $5,000,000 during any fiscal year (determined on a combined basis for Company and its Subsidiaries).

Appears in 2 contracts

Samples: Credit Agreement (Quantum Fuel Systems Technologies Worldwide Inc), Credit Agreement (Starcraft Corp /In/)

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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) except for: (a) Permitted Acquisitions permitted by Section 8.4 hereof; and (b) for Capital Expenditures which shall not exceed $5,000,000 3,000,000 during any fiscal year (determined on a combined basis for Company and its Subsidiaries).

Appears in 1 contract

Samples: Credit Agreement (Quantum Fuel Systems Technologies Worldwide Inc)

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) except for: (a) Permitted Acquisitions permitted by Section 8.4 hereof9.4, to the extent assets are acquired which constitute Capital Expenditures; and (b) Capital Expenditures which shall not exceed $5,000,000 during any fiscal year (determined on a combined basis for Company and its Subsidiaries).

Appears in 1 contract

Samples: Revolving Credit Agreement (Aqua Chem Inc)

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) except for: (a) Permitted Acquisitions permitted by Section 8.4 hereof; and (b) for Capital Expenditures Expenditures, the amount of which in any fiscal year shall not exceed $5,000,000 during any fiscal year (determined the amounts indicated on a combined basis for Company and its Subsidiaries)Schedule 8.7 to the Senior Credit Agreement on the date hereof.

Appears in 1 contract

Samples: Loan Agreement (Staktek Holdings Inc)

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) except for: for (a) Permitted Acquisitions Reinvestments of Net Cash Proceeds from Asset Sales, Insurance Proceeds or Condemnation Proceeds to the extent permitted by under Section 8.4 hereof; and 2.10 hereof and (b) Capital Expenditures the amount of which in any Fiscal Year shall not exceed $5,000,000 during any fiscal year (determined on a combined basis for Company and its Subsidiaries)100,000,000.

Appears in 1 contract

Samples: Credit Agreement (Warby Parker Inc.)

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) except for: (a) Permitted Acquisitions permitted by Section 8.4 hereof; and (b) for Capital Expenditures Expenditures, the amount of which in any fiscal year shall not exceed $5,000,000 during any fiscal year (determined the amounts indicated on a combined basis for Company and its Subsidiaries)Schedule 8.7 hereto.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Staktek Holdings Inc)

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) except for: (a) Permitted Acquisitions permitted by Section 8.4 hereof; and (b) for Capital Expenditures Expenditures, the amount of which in any Fiscal Year shall not exceed the sum of $5,000,000 during any fiscal year (determined on a combined basis for Company and its Subsidiaries)3,250,000.

Appears in 1 contract

Samples: Credit Agreement (Englobal Corp)

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) except for: for expenditures in the ordinary course of business not exceeding (a) Permitted Acquisitions permitted by Section 8.4 hereof; and $10,000,000 in the aggregate for the Borrower and its Subsidiaries during each of 1997 and 1998 or (b) Capital Expenditures which shall not exceed $5,000,000 during any fiscal year (determined on a combined basis 12,000,000 in the aggregate for Company the Borrower and its Subsidiaries)Subsidiaries during 1999.

Appears in 1 contract

Samples: Credit Agreement (National Education Corp)

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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) except for: (a) Permitted Acquisitions permitted by Section 8.4 hereof; and (b) Capital Expenditures which shall for capital expenditures not exceed $5,000,000 exceeding in the aggregate for all Borrowers during any fiscal calendar year (determined on a combined basis for Company and its Subsidiaries)an amount equal to $2,000,000.

Appears in 1 contract

Samples: Uncommitted Credit Agreement (Par Petroleum Corp/Co)

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) except for: (a) Permitted Acquisitions permitted by Section 8.4 hereof; and (b) for Capital Expenditures Expenditures, the amount of which in any Fiscal Year shall not exceed $5,000,000 during any fiscal year (determined on a combined basis 3,000,000 per Fiscal Year for Company and its Subsidiaries)the Borrowers in the aggregate.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Obagi Medical Products, Inc.)

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 (i) any such asset acquired in connection with normal replacement and maintenance programs properly charged to current operationsoperations and (ii) any expenditures in respect of the acquisition of tractors or trailors) except for: (a) Permitted Acquisitions permitted by Section 8.4 hereof; and (b) Capital Expenditures which shall for expenditures in the ordinary course of business not exceed $5,000,000 exceeding, in the aggregate for Group and its Subsidiaries during any fiscal year (determined on a combined basis for Company and its Subsidiaries)of Group, $4,000,000.

Appears in 1 contract

Samples: Credit Agreement (Celadon Group Inc)

Limitation on Capital Expenditures. Make or commit to make (by ---------------------------------- way of the acquisition of securities of a Person or otherwise) ), without unanimous approval of the Board of Directors of the Borrower, 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) except for: (a) Permitted Acquisitions permitted by Section 8.4 hereof; and (b) Capital Expenditures which shall for expenditures in the ordinary course of business not exceed exceeding in the aggregate during each period of six months during the term of this Agreement the sum of $5,000,000 during 5,000,000, or $1,000,000 on any fiscal year (determined on a combined basis for Company and its Subsidiaries)one expenditure.

Appears in 1 contract

Samples: Convertible Loan Agreement (Gateway Co Inc)

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) except for: (a) Permitted Acquisitions permitted by Section 8.4 hereof; and (b) for Capital Expenditures Expenditures, the amount of which in any Fiscal Year shall not exceed $5,000,000 during any fiscal year (determined on a combined basis for Company and its Subsidiaries)2,000,000.

Appears in 1 contract

Samples: Revolving Credit Agreement (Intcomex, Inc.)

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