Common use of Maximum Consolidated Capital Expenditures Clause in Contracts

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. Borrower Holdings shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal YearYear beginning with the Fiscal Year 2005, in an aggregate amount for Borrower Holdings and its Subsidiaries in excess of $35,000,00040,000,000 in any Fiscal Year; provided, such that 50% of any unutilized amount for any Fiscal Year may be utilized in the next succeeding Fiscal Year, but in no event shall be increased by an any amount equal from any Fiscal Year prior to the excess, if any, of such amount for the immediately preceding Fiscal Year (as adjusted be utilized in accordance with this proviso) over the actual amount calculations of Consolidated Capital Expenditures for such previous Fiscal Yearthe foregoing.

Maximum Consolidated Capital Expenditures. Borrower Holdings 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 Holdings and its Subsidiaries in excess of $35,000,000172,500,000 for such Fiscal Year; provided, such amount for any Fiscal Year shall be increased by an amount equal to the excess, if any, any (but in no event more than $86,250,000) 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.

Maximum Consolidated Capital Expenditures. Borrower Holdings 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 Holdings and its Subsidiaries in excess of $35,000,000150,000,000 for such Fiscal Year; provided, such amount for any Fiscal Year shall be increased by an amount equal to the excess, if any, any (but in no event more than $75,000,000) 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.

Maximum Consolidated Capital Expenditures. Borrower Company shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, Expenditures in any Fiscal Year, Year ending prior to or on the Maturity Date in an aggregate amount for Borrower Company and its Subsidiaries in excess of $35,000,0005,000,000; provided, such amount for any Fiscal Year shall be increased by an the amount equal to by which $5,000,000 exceeds the excess, if any, of such amount Consolidated Capital Expenditures 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. Borrower Holdings shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal YearYear indicated below, in an aggregate amount for Borrower Holdings and its Subsidiaries in excess of $35,000,000; provided, the corresponding amount set forth below opposite 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.: 2006 $ 8,000,000 2007 $ 8,000,000 2008 $ 8,000,000 2009 $ 8,000,000 2010 $ 8,000,000 2011 $ 8,000,000

Maximum Consolidated Capital Expenditures. Borrower Holdings shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal YearYear (beginning with the Fiscal Year ending December 31, 2008), in an aggregate amount for Borrower Holdings and its Subsidiaries in excess of $35,000,00015,000,000; provided, provided that such amount for any Fiscal Year (beginning with the Fiscal Year ending December 31, 2009) shall be increased by an amount equal to the excess, if any, (but in no event more than $1,000,000) of such amount for the immediately preceding Fiscal Year $15,000,000 (as adjusted in accordance with this proviso) over the actual amount of Consolidated Capital Expenditures for such previous Fiscal Year.

Maximum Consolidated Capital Expenditures. Borrower Holdings shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal YearYear indicated below, in an aggregate amount for Borrower Holdings and its Subsidiaries in excess of $35,000,000; provided, the corresponding amount set forth below opposite 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.: 2006 $ 4,000,000 2007 $ 4,000,000 2008 $ 4,000,000 2009 $ 4,000,000 2010 $ 4,000,000 2011 $ 4,000,000