Net Capital Expenditures. (a) Net Capital Expenditures of the Borrower and its Subsidiaries shall not exceed $8,200,000 in either the 1997 or the 1998 Fiscal Year. In each Fiscal Year thereafter, Net Capital Expenditures shall not exceed the sum of $8,200,000 plus twenty-five percent (25%) of Consolidated Net Earnings in respect of such Fiscal Year; provided, however, that if Consolidated Net Earnings is less than zero in any Fiscal Year, Consolidated Net Earnings shall be deemed to be zero in such Fiscal Year for purposes of this Section 2.13(a).
Net Capital Expenditures. The Borrowers will not, nor will they permit any of their Subsidiaries to, expend, or be committed to expend, in excess of $200,000,000 for Net Capital Expenditures during any one fiscal year on a non-cumulative basis in the aggregate for the Borrowers and their Subsidiaries; provided that (i) up to $75,000,000 of such amount, if not expended in the fiscal year for which it is permitted, may be carried over for expenditure in the immediately succeeding fiscal year only, but shall not be available in any subsequent fiscal years; provided, that if any such amount is so carried over, it will be deemed used in the applicable subsequent fiscal year before the amount of Net Capital Expenditures permitted for such subsequent fiscal year pursuant to the first sentence of this Section 6.17, (ii) if the Parent shall demonstrate a pro forma Adjusted Leverage Ratio of less than 2.50 to 1.00 for the four fiscal quarter period most recently ended prior to the date of any Capital Expenditure, the per annum limitations set forth in this Section 6.17 shall not apply (for the avoidance of doubt, if at the end of any four fiscal quarter period ending thereafter and during the same fiscal year the Parent shall fail to demonstrate a pro forma Adjusted Leverage Ratio of less than 2.50 to 1.00, and the Capital Expenditures made to date for such fiscal year exceed the per annum limitations set forth in this Section 6.17, the Borrowers shall be in breach of the terms of this Section 6.17) and (iii) Capital Expenditures in connection with the construction of the Parent’s two corporate headquarters, as disclosed to the Administrative Agent prior to the Effective Date, shall not be included in the foregoing per annum limitations on Capital Expenditures for any fiscal year.
Net Capital Expenditures. Make Net Capital Expenditures during any fiscal year which, in the aggregate, for both Borrowers, exceed (a) $16,500,000 during the Borrowers’ fiscal year ending December 31, 2005, and (b) $11,000,000 during any subsequent fiscal year; provided, however, that capital expenditures incurred with respect to the construction of a fish oil refinery in Reedville, Virginia, to the extent such capital expenditures are not financed by Bank or any other Person and do not exceed $20,000,000 in the aggregate, shall be excluded from such limitation.
Net Capital Expenditures. Make, or permit any Subsidiary to make, Net Capital Expenditures (minus the amount of any Ordinary Course Capital Leases used to finance such Net Capital Expenditures, such resulting amount referred to in this section as “Adjusted Net Capital Expenditures”) that exceed in any fiscal year in the aggregate for the Company and its Subsidiaries 25% of the Adjusted EBITDA for such fiscal year, plus in each case, (i) the amount by which the allowed Adjusted Net Capital Expenditures for the most recently ended fiscal year exceeded the actual Adjusted Net Capital Expenditures for such fiscal year and (ii) an amount, not to exceed $2,000,000, of the allowed Adjusted Net Capital Expenditures for the following fiscal year (subject to the permitted Adjusted Net Capital Expenditures for such following year being reduced by the amount used and allowed under this clause (ii)).
Net Capital Expenditures. Loan Parties shall not make any Net Capital Expenditures if, after giving effect to such Net Capital Expenditures, the aggregate cost of all Net Capital Expenditures of the Loan Parties would exceed $2,000,000 during any Fiscal Year.
Net Capital Expenditures. The Borrowers will not, nor will they permit any of their Subsidiaries to, expend, or be committed to expend, in excess of $150,000,000 for Net Capital Expenditures during any one fiscal year on a non-cumulative basis in the aggregate for the Borrowers and their Subsidiaries; provided that up to $50,000,000 of such amount, if not expended in the fiscal year for which it is permitted, may be carried over for expenditure in the immediately succeeding fiscal year only, but shall not be available in any subsequent fiscal years; provided, further, that if any such amount is so carried over, it will be deemed used in the applicable subsequent fiscal year before the amount of Net Capital Expenditures permitted for such subsequent fiscal year pursuant to the first sentence of this Section 6.17.
Net Capital Expenditures. Contract for, purchase or make any expenditure or commitments for Net Capital Expenditures in an aggregate amount for all Loan Parties in excess of (i) Six Million and 00/100 Dollars ($6,000,000.00) for the fiscal year ending June 30, 2011, (ii) Nine Million and 00/100 Dollars ($9,000,000.00) for the fiscal year ending June 30, 2012, or (iii) Six Million and 00/100 Dollars ($6,000,000.00) for the period beginning July 1, 2012 through and including December 31, 2012.
Net Capital Expenditures. The Company shall not make or incur any Net Capital Expenditures if, after giving effect thereto, the aggregate amount of all Net Capital Expenditures by the Company in any fiscal year would exceed One Million Five Hundred Thousand Dollars ($1,500,000), without the prior written consent of the Bank.
Net Capital Expenditures. Make Net Capital Expenditures during any fiscal year, commencing with the fiscal year beginning on January 1, 2001, which in the aggregate, for both Borrowers, exceed $3,500,000.
Net Capital Expenditures. Make or incur any Net Capital Expenditures in excess of $2,500,000 in the aggregate for all Borrowers in any Fiscal Year; provided, however, that expenditures in connection with any IRB Project shall not constitute Capital Expenditures for purposes of calculating Net Capital Expenditures pursuant to this Section 11.6.
