Maximum Consolidated Capital Expenditures. Borrower shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal Year, in an aggregate amount for Borrower and its Subsidiaries in excess of $35,000,000; provided, such amount for any Fiscal Year shall be increased by an amount equal to the excess, if any, of such amount for the immediately preceding Fiscal Year (as adjusted in accordance with this proviso) over the actual amount of Consolidated Capital Expenditures for such previous Fiscal Year.
Maximum Consolidated Capital Expenditures. NewPageHoldCo shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, during any four Fiscal Quarter period ending on the last day of each of the Fiscal Quarters set forth below to be greater than the amounts set forth opposite such Fiscal Quarter: 3rd Fiscal Quarter 2009 $ 125,000,000 4th Fiscal Quarter 2009 $ 125,000,000 1st Fiscal Quarter 2010 $ 125,000,000 Thereafter NewPageHoldCo shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal Year indicated below, in an aggregate amount for NewPageHoldCo and its Subsidiaries in excess of the corresponding amount set forth below opposite such Fiscal Year; provided, that (x) if the aggregate amount of Consolidated Capital Expenditures for any such Fiscal Year indicated below shall be less than the amount set forth in the table below for such Fiscal Year (before any carryover), then such shortfall may be added to the amount of Consolidated Capital Expenditures permitted for the immediately succeeding (but not any other) Fiscal Year and (y) in determining whether any amount is available for carryover, the amount expended in any Fiscal Year shall first be deemed to be from the amount allocated to such year before any carryover: 2010 and each Fiscal Year thereafter $ 250,000,000 Commencing with the 2nd Fiscal Quarter in 2010, if at the end of any Fiscal Quarter the Total Leverage Ratio as of the end of such Fiscal Quarter shall be 3.50:1.00 or less then NewPageCo and its Subsidiaries may make or incur Consolidated Capital Expenditures during such Fiscal Quarter in addition to those otherwise permitted by this Section 6.8(e).”
F. Section 6.8 of the Credit Agreement is hereby amended to add the following new Section 6.8(h) at the end thereof:
Maximum Consolidated Capital Expenditures. The Borrower shall not, and it shall not permit the other Loan Parties to, make or incur Consolidated Capital Expenditures, in any Fiscal Year, in an aggregate amount for the Borrower and the other Loan Parties, in excess of the correlative amount set forth on Schedule 6.08. Notwithstanding the foregoing, (i) the applicable amounts on Schedule 6.08 shall be increased from time to time by the Permitted Equity Contribution Amount or proceeds of Subordinated Indebtedness for application to Consolidated Capital Expenditures (other than proceeds of Specified Equity Contributions, proceeds otherwise applied to the repayment of Indebtedness, payments required by the Completion Guaranty, payments made in accordance with either Disbursement Agreement or payments of Project Costs) but only to the extent such proceeds are contributed and/or extended and so applied for Consolidated Capital Expenditures during the relevant Fiscal Year, (ii) if any amount referred to in the table on Schedule 6.08 expended hereunder is not expended in the Fiscal Year for which it is permitted, 75% of any such non-expended amounts (the “Carryover Amount”) may be carried over for expenditure in the next succeeding Fiscal Year (with amounts expended in any Fiscal Year applied first against the Carryover Amount (if any), second against amounts set forth on Schedule 6.08 in respect of such Fiscal Year and third against the Additional Capital Expenditures Amount), (iii) payments made with the Net Cash Proceeds of Asset Sales and Recovery Events (in each case, without giving effect to the provisos contained in the definition thereof) in accordance with the definition of Net Cash Proceeds and contemporaneous exchanges or trade-ins of equipment or inventory (to the extent of the fair market value of any such exchanged or traded-in equipment or inventory), shall in each case not be considered Consolidated Capital Expenditures for purposes of this Section 6.08(c), (iv) an additional amount equal to the aggregate fair market value (as determined by the Borrower in good faith) of Property (other than Cash or Cash Equivalents) received by the Borrower after the Full Opening Date as equity capital contributions (the “Additional Capital Expenditures Amount”) shall be available to make Consolidated Capital Expenditures, (v) without duplication of preceding clause (iii), Consolidated Capital Expenditures made in repair, replacement or restoration as a result of a Recovery Event in aggregate amount not to ...
Maximum Consolidated Capital Expenditures. Borrower shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in an aggregate amount for Borrower and its Subsidiaries in excess of $2,750,000 in any Fiscal Year.
Maximum Consolidated Capital Expenditures. Borrower shall not, and shall not permit its Restricted Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal Year indicated below, in an aggregate amount for Borrower and its Subsidiaries in excess of the corresponding amount set forth below opposite such Fiscal Year; provided, such amount for any Fiscal Year shall be increased by an amount equal to the excess, if any, (but in no event more than $5,500,000) of such amount for the immediately preceding Fiscal Year (as adjusted in accordance with this proviso) over the actual amount of Consolidated Capital Expenditures for such previous Fiscal Year: 2013 $ 27,500,000 2014 $ 27,500,000 Thereafter $ 33,000,000
Maximum Consolidated Capital Expenditures. Holdings and Company shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, except that Company and any Guarantor Subsidiary may make or incur Consolidated Capital Expenditures (i) during any calendar year in an aggregate amount not in excess of (A) $10,000,000 plus (B) the unused portion of Consolidated Capital Expenditures permitted to be made or incurred in the immediately preceding calendar year (it being understood that the amount under this subclause (B) shall not exceed the lesser of such unused portion and $10,000,000) and (ii) associated with the consolidation of Facilities and costs associated with the acquiring and/or the development and construction of one new manufacturing facility in an aggregate amount not to exceed $15,000,000.
Maximum Consolidated Capital Expenditures. Holdings shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal Year indicated below, in an aggregate amount for Holdings and its Subsidiaries in excess of the corresponding amount set forth below opposite such Fiscal Year; provided, such amount for any Fiscal Year shall be increased by an amount equal to 50% of the excess, if any (without giving effect to any adjustment in accordance with this proviso) over the actual amount of Consolidated Capital Expenditures for the previous Fiscal Year: 2006 $ 3,000,000 2007 $ 3,000,000 2008 $ 3,000,000 2009 $ 3,000,000 2010 $ 3,000,000 2011 $ 3,000,000 Thereafter $ 3,000,000
Maximum Consolidated Capital Expenditures. Borrower shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal Year indicated below, in an aggregate amount for Borrower and its Subsidiaries in excess of the corresponding amount set forth below opposite such Fiscal Year: From the Closing Date through December 31, 2007 $ 1,380,000 Fiscal Year 2008 $ 3,000,000 Fiscal Year 2009 $ 3,600,000 Fiscal Year 2010 $ 4,800,000 Fiscal Year 2011 $ 4,800,000 Fiscal Year 2012 $ 5,400,000 Fiscal Year 2013 and thereafter $ 6,900,000 provided, to the extent the permitted amount for any Fiscal Year has been expended, such permitted amount shall be increased by an amount equal to the excess, if any, of the permitted amount of Consolidated Capital Expenditures for the previous Fiscal Year (without giving effect to any adjustment in accordance with this proviso) over the actual amount of Consolidated Capital Expenditures for the previous Fiscal Year; provided further, Borrower shall have the right to elect in writing to the Administrative Agent, delivered no later than concurrently with the delivery of the Financial Plan for such Fiscal Year, to increase the permitted amount of Consolidated Capital Expenditures for such Fiscal Year by no less than $600,000 and no more than $2,400,000, so long as such right is not exercised on more than four occasions from the Closing Date until the date of determination and the aggregate amount, for all increases taken together, does not exceed $2,400,000.
Maximum Consolidated Capital Expenditures. Holdings shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal Year indicated below, in an aggregate amount for all of its Subsidiaries in excess of the corresponding amount set forth below opposite such Fiscal Year: Fiscal Year 2008 $ 9,000,000 Fiscal Year 2009 $ 9,000,000 Fiscal Year 2010 $ 9,000,000 Fiscal Year 2011 $ 9,000,000 Fiscal Year 2012 $ 9,000,000 Anything to the foregoing notwithstanding, (i) commencing with Fiscal Year 2009, in the event that the amount of Consolidated Capital Expenditures permitted to be made by Holdings and its Subsidiaries pursuant to hereto in any period (before giving effect to any increase in such permitted expenditure amount pursuant to this clause (i)) is greater than the amount of such Consolidated Capital Expenditures actually made by Holdings and its Subsidiaries during such fiscal year, such excess may be carried forward and utilized to make Consolidated Capital Expenditures in the succeeding year in an aggregate amount equal to 50% of such excess amount, and (ii) Consolidated Capital Expenditures made pursuant to this Section 6.7(d) during any fiscal year shall be deemed made first, in respect of amounts permitted for such fiscal year as provided above (without giving effect to amounts carried over from any prior fiscal year pursuant to clause (i) above) and second, in respect of the excess amount carried over from any prior fiscal year pursuant to clause (i) above.
Maximum Consolidated Capital Expenditures. Intermediate Holdings shall not, and shall not permit the Restricted Subsidiaries to, make or incur Consolidated Capital Expenditures, during any Annual Measurement Period, commencing with the Annual Measurement Period ending on the last Sunday of the calendar year ending December 31, 2019, in an aggregate amount for the Restricted Parties in excess of the sum of (1) CapEx Annual Limit for such Annual Measurement Period, plus (2) the CapEx Carryover Amount, if any, for such Annual Measurement Period; it being agreed that, for purposes of this Section 6.11(d), any Consolidated Capital Expenditures made during any Annual Measurement Period shall be deemed to be applied first to the applicable CapEx Annual Limit for such Annual Measurement Period and second to any CapEx Carryover Amount.
