NGTV Capital Expenditures Sample Clauses

NGTV Capital Expenditures. (a) The Borrower will not, nor will it cause or permit any Subsidiary to make any NGTV Capital Expenditures in an aggregate amount for Borrower and its Subsidiaries in excess of the corresponding amount set forth below opposite such Fiscal Year: Fiscal Year Maximum NGTV Capital Expenditures9 2010 $[ ] 2011 $[ ] 2012 $[ ] 2013 $[ ] 2014 $[ ] provided, that (i) for any Fiscal Year, the limitations above shall be increased by any NGTV Carry Forward Amount from the immediately preceding Fiscal Year, but only from the immediately preceding Fiscal Year, (ii) NGTV Capital Expenditures made pursuant to this proviso during any Fiscal Year shall be deemed made, first, in respect of amounts permitted for such Fiscal Year as provided above and second, in respect of any NGTV Carry Forward Amount from the immediately preceding Fiscal Year pursuant to subclause (i) above and (iii) the NGTV Capital Expenditures permitted by this Section shall be increased by 50% of the Net Proceeds of an Equity Issuance less the amount of any such Net Proceeds spent on Non-NGTV Capital Expenditures (provided that any increase in NGTV Capital Expenditures pursuant to this clause (iii) shall not be included for purposes of calculating the NGTV Carry Forward Amount). (b) The Borrower will not commence, nor will it cause or permit any Subsidiary to commence, any Phase III NGTV Capital Expenditures (other than in respect of multi-dwelling units with 16 or more units) unless (x) a supermajority (with the consent of at least two thirds of the total number of directors) of the board of directors of Holdings has affirmatively approved Phase III NGTV Capital Expenditures and determined, in its reasonable business judgment, such Phase III NGTV Capital Expenditures to be in the best interest of Holdings and its Subsidiaries, (y) a supermajority (with the consent of at least two thirds of the total number of directors) of the board of directors of Holdings and the management of Holdings and its Subsidiaries have determined, and a Financial Officer has certified to the lenders in writing that he reasonably believes success-based NGTV Capital Expenditures in comparison with the aggregate revenues, less the related content costs, of the Phase III customers will break even on a cash flow basis within 24 months after the commencement of such 9 Levels to be set at 15% cushion based on projections from the Disclosure Statement on an aggregate basis for a 5- year period; such levels may shift based upon the t...
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NGTV Capital Expenditures. Make, or cause or permit any Subsidiary to make, any NGTV Capital Expenditures in any fiscal year, in an aggregate amount (for the Borrower and its Subsidiaries) in excess of the applicable amount set forth in Section 6.17 of the Term Loan Agreement (as determined giving effect to the proviso set forth therein).
Sample 1

Related to NGTV Capital Expenditures

  • Capital Expenditures The Issuer shall not make any expenditure (by long-term or operating lease or otherwise) for capital assets (either realty or personalty).

  • Expenditures The Assuming Institution will pay such bills and invoices on behalf of the Receiver and the Corporation as the Receiver or the Corporation may direct for the period beginning on the date of the Bank Closing Date and ending on Settlement Date. The Assuming Institution shall submit its requests for reimbursement of such expenditures pursuant to Article VIII of this Agreement.

  • AUTHORIZED EXPENDITURES Only expenditures which are detailed in the approved budget of the grant application, a revised budget, or an amended budget approved by the OAG are eligible for reimbursement with grant funds. Any requested modification to the budget must be submitted by the Provider in writing to the OAG and will require prior approval by the OAG. Budget modification approval is at the sole discretion of the OAG. Any grant funds reimbursed under this Agreement must be used in accordance with the rules implementing the provisions of VOCA, 34 U.S.C. § 20103, Crime Control and Law Enforcement, 28 C.F.R. §§94.101 through 94.122, the federal government-wide grant rules as set forth in the 2 C.F.R. § 200, and the U.S. Department of Justice, (DOJ), Office of Justice Programs, DOJ Grants Financial Guide, (Financial Guide), and any other regulations or guidelines currently or subsequently required by the U.S. Department of Justice and state or federal laws. Expenditures for the acquisition and maintenance of telephones and equipment will be proportional to the percentage of VOCA grant funded staff who utilize the telephones and equipment, as contemplated by this Agreement. Grant funds cannot be used as a revenue generating source and crime victims cannot be charged either directly or indirectly for services reimbursed with grant funds. Third party payers such as insurance companies, victim compensation, Medicare or Medicaid may not be billed for services provided by grant funded personnel to clients. Grant funds must be used to provide services to all crime victims, regardless of their financial resources or availability of insurance or third-party reimbursements. Travel expenses will be reimbursed with grant funds only in accordance with section 112.061, Florida Statutes. Expenditures of state financial assistance must be in compliance with all laws, rules and regulations applicable to expenditures of state funds, including, but not limited to, the Florida Reference Guide for State Expenditures. Only allowable costs resulting from obligations incurred during the term of this Agreement are eligible for reimbursement, and any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for direct program costs in a subsequent period must be refunded to the OAG. Any funds paid in excess of the amount to which the Provider is entitled under the terms of this Agreement must be refunded to the OAG. The Provider will reimburse the OAG for all unauthorized expenditures and the Provider will not use grant funds for any expenditures made by the Provider prior to the execution of this Agreement or after the termination date of this Agreement. If the Provider is a unit of local or state government, the Provider must follow the written purchasing procedures of that governmental agency or unit. If the Provider is a non-profit organization, the Provider will obtain a minimum of three written quotes for all single item grant-related purchases equal to or in excess of $2,500 unless it is documented that the vendor is a sole source supplier. The Provider will use the lowest quote for the purchase.

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