Common use of Maximum Consolidated Capital Expenditures Clause in Contracts

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 (the “Base CapEx Amount”); provided, such amount for any Fiscal Year shall be increased by an amount equal to 50% of the excess, if any, of such amount for the immediately preceding Fiscal Year (without giving effect to this proviso) over the actual amount of Consolidated Capital Expenditures for such previous Fiscal Year (the “Carryforward”) and the permitted amount for any Fiscal Year shall be calculated by utilizing the Carryforward prior to utilizing the Base CapEx Amount for such Fiscal Year: Fiscal Year Base CapEx Amount 2007 $30,000,000 2008 $30,000,000 2009 $32,000,000 2010 $32,000,000 2011 and thereafter $35,000,000

Maximum Consolidated Capital Expenditures. Holdings shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal Year (or Fiscal Quarter with respect to the Fiscal Quarter ending December 31, 2019) indicated below, in an aggregate amount for Holdings and its Subsidiaries in excess of the corresponding maximum amount set forth below opposite such Fiscal Year (the “Base CapEx Amount”)Year; provided, if any portion of such maximum amount for any Fiscal Year shall be increased by an amount equal to 50% of the excessor Fiscal Quarter, if anyas applicable, of such amount for the immediately preceding Fiscal Year (without giving effect to as adjusted in accordance with this proviso) over is not utilized, then an amount not utilized of up to fifty percent (50)% of the actual maximum amount of for such period permitted under this clause (c) may be utilized in the immediately succeeding Fiscal Year solely to the extent the maximum amount set forth below for such immediately succeeding year has been utilized: Fiscal Year Consolidated Capital Expenditures Fiscal Quarter ending December 31, 2019 $2,000,000 2020 $10,000,000 2021 $8,000,000 2022 $8,000,000 2023 and for such previous each Fiscal Year (the “Carryforward”) and the permitted amount for any Fiscal Year shall be calculated by utilizing the Carryforward prior to utilizing the Base CapEx Amount for such Fiscal Year: Fiscal Year Base CapEx Amount 2007 $30,000,000 2008 $30,000,000 2009 $32,000,000 2010 $32,000,000 2011 and thereafter $35,000,0008,000,000

Maximum Consolidated Capital Expenditures. Holdings 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 Holdings Borrower and its Subsidiaries in excess of the corresponding amount set forth below opposite such Fiscal Year (the “Base CapEx Amount”)Year; provided, such amount for any Fiscal Year shall be increased by an amount equal to 50% of (i) the excess, if any, (but in no event more than $22,500,000) of such amount for the immediately preceding Fiscal Year (without giving effect to 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 “Carryforward”) and amount of Consolidated Excess Cash Flow for the permitted amount for any immediately preceding Fiscal Year shall be calculated by utilizing not required to prepay the Carryforward prior Loans pursuant to utilizing the Base CapEx Amount for Section 2.15(e) in an amount not to exceed $10,000,000 in any such Fiscal Year: Fiscal Consolidated Capital Year Base CapEx Amount Expenditures 2007 $30,000,000 $ 45,000,000 2008 $30,000,000 $ 45,000,000 2009 $32,000,000 $ 45,000,000 2010 $32,000,000 $ 45,000,000 2011 and thereafter $35,000,000$ 45,000,000 105