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) in any fiscal year, Capital Expenditures of the Borrower and its Subsidiaries in the ordinary course of business not exceeding the amount set forth below opposite such fiscal year: Fiscal Year Capital Expenditures ----------- -------------------- 2004 $6,500,000 2005 8,500,000 2006 8,500,000 2007 9,500,000 2008 11,000,000 2009 13,000,000 2010 14,000,000 2011 16,000,000 ; provided, that (i) 100% of any such amount 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) in addition to the amounts permitted by clause (a) above, Capital Expenditures of the Borrower and its Subsidiaries in the ordinary course of business not exceeding an aggregate of $2,000,000 in the aggregate from the Closing Date; and (c) Capital Expenditures permitted pursuant to Section 7.8.

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) in any fiscal year, Capital Expenditures of the Borrower and its Subsidiaries in the ordinary course of business not exceeding the amount set forth below opposite such $3,500,000 per fiscal year: Fiscal Year Capital Expenditures ----------- -------------------- 2004 $6,500,000 2005 8,500,000 2006 8,500,000 2007 9,500,000 2008 11,000,000 2009 13,000,000 2010 14,000,000 2011 16,000,000 ; provided, that (ii)(x) during the fiscal years of the Borrower ending on March 31, 1999 and March 31, 2000, 50%, and (y) during any fiscal year of the Borrower ending on March 31, 2001 or thereafter, 100% %, of any such amount 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) in addition to the amounts permitted by clause (a) above, Capital Expenditures of the Borrower and its Subsidiaries in the ordinary course of business not exceeding an aggregate of $2,000,000 in during the aggregate from the Closing Dateterm of this Agreement; and (c) Capital Expenditures permitted pursuant to Section 7.8.

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) in any fiscal year, Capital Expenditures of the Borrower and its Subsidiaries in the ordinary course of business not exceeding the amount set forth below opposite such fiscal year: Fiscal Year Capital Expenditures ----------- -------------------- 2004 $$ 6,500,000 2005 8,500,000 2006 8,500,000 2007 9,500,000 2008 11,000,000 2009 13,000,000 2010 14,000,000 2011 16,000,000 ; provided, that (i) 100% of any such amount 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) in addition to the amounts permitted by clause (a) above, Capital Expenditures of the Borrower and its Subsidiaries in the ordinary course of business not exceeding an aggregate of $2,000,000 in the aggregate from the Closing Date; and (c) Capital Expenditures permitted pursuant to Section 7.8.

Limitation on Capital Expenditures. Make The Borrower shall not, and each of WTI, LP and the Borrower shall not permit any of the Borrower's Subsidiaries to, directly or indirectly, make or commit to make (by way of the acquisition of securities of a Person or otherwise) any Capital Expenditure, except: except (a) in any fiscal year, Capital Expenditures of the Borrower and its Subsidiaries in the ordinary course of business not exceeding the amount set forth below opposite such $50,000,000 in each of fiscal year: Fiscal Year Capital Expenditures ----------- -------------------- 2004 years 2005, 2006 and 2007 and $6,500,000 2005 8,500,000 2006 8,500,000 2007 9,500,000 2008 11,000,000 70,000,000 in each of fiscal years 2008, 2009 13,000,000 2010 14,000,000 2011 16,000,000 and 2010; provided, provided that (i) up to 100% of the amount specified above for any such amount 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, 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 and, second, in respect of amounts permitted for such fiscal year as provided above; and (b) in addition to the amounts permitted by clause (a) above, Capital Expenditures made with the proceeds of the Borrower and its Subsidiaries in the ordinary course of business not exceeding an aggregate of $2,000,000 in the aggregate from the Closing Date; and (c) Capital Expenditures permitted pursuant to Section 7.8any 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) in any fiscal year, Capital Expenditures of the Borrower and its Subsidiaries in the ordinary course of business not exceeding the amount set forth below opposite such fiscal year: Fiscal Year Capital Expenditures FISCAL YEAR CAPITAL EXPENDITURES ----------- -------------------- 2004 $6,500,000 2005 8,500,000 FISCAL YEAR CAPITAL EXPENDITURES ----------- -------------------- 2006 8,500,000 2007 9,500,000 2008 11,000,000 2009 13,000,000 2010 14,000,000 2011 16,000,000 ; providedPROVIDED, that (i) 100% of any such amount 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, firstFIRST, in respect of amounts carried over from the prior fiscal year pursuant to subclause (i) above and, secondSECOND, in respect of amounts permitted for such fiscal year as provided above; (b) in addition to the amounts permitted by clause (a) above, Capital Expenditures of the Borrower and its Subsidiaries in the ordinary course of business not exceeding an aggregate of $2,000,000 in the aggregate from the Closing Date; and (c) Capital Expenditures permitted pursuant to Section 7.8.

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: except (a) in any fiscal year, Capital Expenditures of the Borrower Parent and its Subsidiaries not exceeding (i) $30,000,000 in the ordinary course of business not exceeding the amount set forth below opposite such 2006 fiscal year: Fiscal Year Capital Expenditures ----------- -------------------- 2004 , and (ii) $6,500,000 2005 8,500,000 2006 8,500,000 30,000,000 per fiscal year in the case of fiscal years 2007 9,500,000 2008 11,000,000 2009 13,000,000 2010 14,000,000 2011 16,000,000 through 2012; provided, that (A) up to 50% of such amount referred to in clause (i) 100above, if not so expended in the 2006 fiscal year, may be carried over for expenditure in the 2007 fiscal year, and (B) up to 50% of any such amount amounts referred to in clause (ii) 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; above and second, in respect of amounts carried over from the prior fiscal year, (b) in addition Capital Expenditures made, subject to the conditions set forth in Section 2.13(l) with any amounts permitted by clause (a) above, Capital Expenditures of the Borrower and its Subsidiaries in the ordinary course of business not exceeding an aggregate of $2,000,000 in the aggregate from the Closing Date; and (c) Capital Expenditures permitted to be used pursuant to Section 7.8such Section.

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: except (a) in any fiscal year, Capital Expenditures of the Borrower and its Subsidiaries in the ordinary course of business not exceeding exceeding, for any fiscal year set forth below, the amount set forth below opposite such fiscal year: Fiscal Year Capital Expenditures Amount ----------- -------------------- ------ 1999 $5,500,000 2000 $6,000,000 2001 $6,500,000 2002 $7,000,000 2003 $7,000,000 2004 $6,500,000 7,000,000 2005 8,500,000 2006 8,500,000 2007 9,500,000 2008 11,000,000 2009 13,000,000 2010 14,000,000 2011 16,000,000 ; $7,000,000 provided, that (i) 100% 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 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 in the table above and second, in respect of amounts carried over from the prior fiscal year pursuant to subclause (i) above and, second, and (iii) the Borrower may make additional Capital Expenditures during FY 1999 in respect the form of amounts permitted for such fiscal year as provided above; Capital Lease Obligations in an aggregate amount not exceeding $500,000 and (b) in addition to the amounts permitted by clause (a) above, Capital Expenditures made with the proceeds of the Borrower and its Subsidiaries in the ordinary course of business not exceeding an aggregate of $2,000,000 in the aggregate from the Closing Date; and (c) Capital Expenditures permitted pursuant to Section 7.8any 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) in any fiscal year, except Capital 63 Expenditures of the Borrower Details and its Subsidiaries in the ordinary course of business not exceeding in any fiscal year of Details the amount set forth below opposite such fiscal yearyear (the "Base CapEx Amount") plus the then unused Permitted Expenditure Amount: Fiscal Year Capital Expenditures Base CapEx Amount ----------- -------------------- ----------------- 1998 $20,000,000 1999 $20,000,000 2000 $22,500,000 2001 $25,000,000 2002 $27,500,000 2003 $30,000,000 2004 $6,500,000 30,000,000 2005 8,500,000 2006 8,500,000 2007 9,500,000 2008 11,000,000 2009 13,000,000 2010 14,000,000 2011 16,000,000 $32,500,000 ; provided, that (i) 100up to 50% of any such amount the Base CapEx Amount not so expended in the fiscal year for which it is permitted, permitted may be carried over for expenditure in the next succeeding fiscal year year, and (ii) Capital Expenditures made pursuant to this clause (a) during any fiscal year shall be deemed made, first, in respect of amounts the Base CapEx Amount permitted for such fiscal year as provided above and, second, in respect of any portion of such Base CapEx Amount carried over from the prior fiscal year pursuant to subclause (i) above andabove; provided, secondfurther, in respect of amounts permitted for such fiscal year as provided above; (b) in addition to that notwithstanding the amounts permitted by clause (a) aboveforegoing, Capital Expenditures of the Borrower Details and its Subsidiaries may make Capital Expenditures (which Capital Expenditures shall not be included in the ordinary course amount of business not exceeding an aggregate of $2,000,000 in the aggregate from the Closing Date; and (c) Capital Expenditures permitted to be made pursuant to this Section 7.87.7 without giving effect to this second proviso) with Reinvestment Deferred Amounts.

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: except (a) in any fiscal year, Capital Expenditures of the Borrower and its Subsidiaries in the ordinary course of business not exceeding exceeding, for any fiscal year set forth below, the amount set forth below opposite such fiscal year: Fiscal Year Capital Expenditures Amount ----------- -------------------- ------- 1999 $5,500,000 2000 $6,000,000 2001 $6,500,000 2002 $7,000,000 2003 $7,000,000 2004 $6,500,000 2005 8,500,000 2006 8,500,000 2007 9,500,000 2008 11,000,000 2009 13,000,000 2010 14,000,000 2011 16,000,000 ; 7,000,000 provided, that (i) 100% 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 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 in the table above and second, in respect of amounts carried over from the prior fiscal year pursuant to subclause (i) above and, second, and (iii) the Borrower may make additional Capital Expenditures during FY 1999 in respect the form of amounts permitted for such fiscal year as provided above; Capital Lease Obligations in an aggregate amount not exceeding $500,000 and (b) in addition to the amounts permitted by clause (a) above, Capital Expenditures made with the proceeds of the Borrower and its Subsidiaries in the ordinary course of business not exceeding an aggregate of $2,000,000 in the aggregate from the Closing Date; and (c) Capital Expenditures permitted pursuant to Section 7.8any 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) in any fiscal year, except Capital Expenditures of the Borrower and its Subsidiaries in the ordinary course of business not exceeding the amount set forth below opposite such $10,000,000 per fiscal year: Fiscal Year Capital Expenditures ----------- -------------------- 2004 $6,500,000 2005 8,500,000 2006 8,500,000 2007 9,500,000 2008 11,000,000 2009 13,000,000 2010 14,000,000 2011 16,000,000 ; provided, PROVIDED that (i) up to 100% 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 year; (ii) Capital Expenditures made pursuant to this clause (a) during any fiscal year shall be deemed made, firstFIRST, 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 clause (i) above and, second, in respect of amounts permitted for such fiscal year as provided above; ; and (biii) in addition to the amounts permitted by clause (a) aboveaddition, Capital Expenditures of the Borrower and its Subsidiaries shall be permitted to make Capital Expenditures during the term of this Agreement in the ordinary course of business an amount not exceeding an aggregate (x) 50% of $2,000,000 in the aggregate from Net Cash Proceeds of any issuance and sale of Capital Stock (other than Disqualified Stock) by the Borrower after the Closing Date; and , if such Net Cash Proceeds are used within 365 days from receipt thereof to pay for such Capital Expenditures, and (cy) Capital Expenditures permitted pursuant to Section 7.8the proceeds of any Reinvestment Deferred Amount.