Common use of Maximum Consolidated Capital Expenditures Clause in Contracts

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. Borrower Holdings 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 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 75% of the excess, if any, (but in no event more than $5,500,000) of such amount for the immediately preceding previous Fiscal Year and not any year before the previous Fiscal Year (as adjusted in accordance with this proviso) over the actual amount of Consolidated Capital Expenditures for such previous Fiscal Year: 2013 2007 $ 27,500,000 2014 3,000,000 2008 $ 27,500,000 Thereafter 4,000,000 2009 $ 33,000,0004,000,000 2010 $ 4,000,000 2011 $ 4,500,000 (j) The following new Section 6.15 and Section 6.16 shall be added to the end of Section 6:

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 $5,500,0005,000,000) 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: 2013 $ 27,500,000 25,000,000 2014 $ 27,500,000 25,000,000 Thereafter $ 33,000,00030,000,000

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 (i) the excess, if any, (but in no event more than $5,500,00022,500,000) 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 and (ii) 30% of the amount of Consolidated Excess Cash Flow for the immediately preceding Fiscal Year not required to prepay the Loans pursuant to Section 2.15(e) in an amount not to exceed $10,000,000 in any such Fiscal Year: 2013 2007 $ 27,500,000 2014 45,000,000 2008 $ 27,500,000 Thereafter 45,000,000 2009 $ 33,000,00045,000,000 2010 $ 45,000,000 2011 $ 45,000,000

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 $5,500,0004,000,000) of such amount for the immediately preceding previous Fiscal Year (as adjusted in accordance with this proviso) over the actual amount of Consolidated Capital Expenditures for such previous Fiscal Year: 2013 2007 and each Fiscal Year thereafter $ 27,500,000 2014 $ 27,500,000 Thereafter $ 33,000,00010,000,000

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 $5,500,0004,000,000) of such amount for the immediately preceding previous Fiscal Year (as adjusted in accordance with this proviso) over the actual amount of Consolidated Capital Expenditures for such previous Fiscal Year: 2013 2008 $ 27,500,000 2014 12,500,000 2009 $ 27,500,000 Thereafter 13,500,000 2010 and each Fiscal Year thereafter $ 33,000,00014,500,000 (jj) Section 6.8(d) of the Credit Agreement is hereby deleted in its entirety and the following is substituted in lieu thereof: