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 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. Borrower 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 Borrower NewPageHoldCo 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 that (x) if 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 aggregate amount of Consolidated Capital Expenditures for any Fiscal Year shall be less than the previous amount set forth in the table below for such Fiscal Year (without giving effect before any carryover), then such shortfall may be added to any adjustment in accordance with this proviso) over the actual amount of Consolidated Capital Expenditures permitted for the previous immediately succeeding (but not any other) Fiscal Year; provided furtherYear and (y) in determining whether any amount is available for carryover, Borrower the amount expended in any Fiscal Year shall have first be deemed to be from the right amount allocated to elect in writing to such year before any carryover: 2008 $ 300,000,000 2009 and each Fiscal Year thereafter $ 250,000,000 If at the Administrative Agent, delivered no later than concurrently with end of any Fiscal Quarter the delivery Total Leverage Ratio as of the Financial Plan for end of such Fiscal Year, to increase the permitted amount of Quarter shall be 3.50:1.00 or less then NewPageCo and its Subsidiaries may make or incur Consolidated Capital Expenditures for during such Fiscal Year Quarter in addition to those otherwise permitted 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 $2,400,000this Section 6.8(e).

Maximum Consolidated Capital Expenditures. Borrower 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 Borrower NewPageHoldCo 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 that (x) if 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 aggregate amount of Consolidated Capital Expenditures for any Fiscal Year shall be less than the previous amount set forth in the table below for such Fiscal Year (without giving effect before any carryover), then such shortfall may be added to any adjustment in accordance with this proviso) over the actual amount of Consolidated Capital Expenditures permitted for the previous immediately succeeding (but not any other) Fiscal Year; provided furtherYear and (y) in determining whether any amount is available for carryover, Borrower the amount expended in any Fiscal Year shall have first be deemed to be from the right amount allocated to elect in writing to such year before any carryover: 2005 $ 140,000,000 2006 $ 175,000,000 2007 and each Fiscal Year Thereafter $ 225,000,000 If at the Administrative Agent, delivered no later than concurrently with end of any Fiscal Quarter the delivery Total Leverage Ratio as of the Financial Plan for end of such Fiscal Year, to increase the permitted amount of Quarter shall be 3.50:1 or less then NewPageCo and its Subsidiaries may make or incur Consolidated Capital Expenditures for during such Fiscal Year Quarter in addition to those otherwise permitted 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 $2,400,000this Section 6.8(e).

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 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: 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 that (x) each such amount for any Fiscal Year has been expended, such permitted amount set forth below shall be increased by in an amount equal to the excess, if any, 5% of the permitted aggregate pro forma gross revenues contributed by the Person or assets acquired in connection with any Permitted Acquisitions, (y) if the aggregate amount of Consolidated Capital Expenditures for any Fiscal Year shall be less than the previous amount set forth in the table below for such Fiscal Year (without giving effect before any carryover), then such shortfall may be added to any adjustment in accordance with this proviso) over the actual amount of Consolidated Capital Expenditures permitted for the previous immediately succeeding (but not any other) Fiscal Year; provided further, Borrower Year (but in no event shall have the right to elect in writing to the Administrative Agent, delivered no later carryover be more than concurrently with the delivery 50% of the Financial Plan for such Fiscal Year, to increase the permitted amount of Consolidated Capital Expenditures permitted for such the immediately preceding Fiscal Year) and (z) in determining whether any amount is available for carryover, the amount expended in any 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 shall first be deemed to be from the Closing Date until the date of determination amount allocated to such year before any carryover: 2008 $ 25,000,000 2009 $ 25,000,000 2010 $ 25,000,000 2011 and the aggregate amount, for all increases taken together, does not exceed $2,400,000.each Fiscal Year thereafter $ 30,000,000

Maximum Consolidated Capital Expenditures. Borrower 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 Borrower NewPageHoldCo 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 that (x) if 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 aggregate amount of Consolidated Capital Expenditures for any Fiscal Year shall be less than the previous amount set forth in the table below for such Fiscal Year (without giving effect before any carryover), then such shortfall may be added to any adjustment in accordance with this proviso) over the actual amount of Consolidated Capital Expenditures permitted for the previous immediately succeeding (but not any other) Fiscal Year; provided furtherYear and (y) in determining whether any amount is available for carryover, Borrower the amount expended in any Fiscal Year shall have first be deemed to be from the right amount allocated to elect in writing to such year before any carryover: 2005 $ 140,000,000 2006 $ 175,000,000 2007 and each Fiscal Year thereafter $ 225,000,000 If at the Administrative Agent, delivered no later than concurrently with end of any Fiscal Quarter the delivery Total Leverage Ratio as of the Financial Plan for end of such Fiscal Year, to increase the permitted amount of Quarter shall be 3.50:1 or less then NewPageCo and its Subsidiaries may make or incur Consolidated Capital Expenditures for during such Fiscal Year Quarter in addition to those otherwise permitted 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 $2,400,000this Section 6.8(e).