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 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. Holdings NRF 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 2007 €2,000,000 2008 $ 9,000,000 Fiscal Year €3,000,000 2009 $ 9,000,000 Fiscal Year €3,000,000 2010 $ 9,000,000 Fiscal Year € 2,000,000 2011 $ 9,000,000 Fiscal Year €2,000,000 2012 $ 9,000,000 €2,000,000 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 NRF 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 NRF 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(d6.7(m) 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. Holdings Holdings’ Domestic Subsidiaries shall not, and shall not permit its their Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal Year Quarter or Fiscal Year, as applicable, indicated below, in an aggregate amount for all of its Subsidiaries in excess of the corresponding amount set forth below opposite such Fiscal Quarter or Fiscal Year, as applicable: Fiscal Year Quarter ending March 31, 2008 $ 9,000,000 1,206,300 Fiscal Quarter ending June 30, 2008 $ 2,420,000 Fiscal Quarter ending September 30, 2008 $ 807,800 Fiscal Quarter ending December 31, 2008 $ 447,000 Fiscal Year 2009 $ 9,000,000 7,000,000 Fiscal Year 2010 $ 9,000,000 7,000,000 Fiscal Year 2011 $ 9,000,000 7,000,000 Fiscal Year 2012 $ 9,000,000 7,000,000 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 Holdings’ Domestic Subsidiaries and its their 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 Holdings’ Domestic Subsidiaries and its their 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(d6.7(j) 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. Holdings shall not, and Consolidated Capital Expenditures during the twelve month period ending as of the last day of each fiscal quarter during the periods set forth below shall not permit exceed the lesser of (i) 3.0% of the aggregate revenues of the Borrower and 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 such twelve month period and (ii) the corresponding amount set forth below opposite corresponding to such Fiscal Yearfiscal quarter: 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 The amount of permitted Consolidated Capital Expenditures referenced above will be increased in any period by the positive amount equal to the foregoing notwithstanding, lesser of (iA) commencing with Fiscal Year 2009, in the event that ten percent (10%) of the amount of permitted Consolidated Capital Expenditures permitted to be made by Holdings for the immediately prior period 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)B) is greater than the amount of such (if any) equal to the difference obtained by taking the Consolidated Capital Expenditures actually made by Holdings and its Subsidiaries limit specified above for the immediately prior period minus the actual amount of any Consolidated Capital Expenditures expended during such fiscal yearprior period (the “Carry Over Amount”); provided that, such excess (x) a Carry Over Amount may only be carried forward to, and utilized to make Consolidated Capital Expenditures in in, the succeeding year in an aggregate amount equal to 50% of such excess amount, next period and (iiy) for purposes of measuring compliance with this Section 5.9(c) during any period, the Consolidated Capital Expenditures made pursuant to this Section 6.7(d) during any fiscal year such period shall first be deemed made first, in respect of amounts permitted counted against the applicable limitation for such fiscal year as provided period set forth above (without giving effect to amounts carried over from and then be counted against 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) aboveCarry Over Amount that may be utilized during such period.