Reimbursement for Capital Expenditures Sample Clauses

Reimbursement for Capital Expenditures. In addition to the payment of the Net Contribution Value in accordance with Section 2.2 (b) above, at Closing the Partnership shall (i) reimburse the Contributor in cash for certain capital expenditures with respect to the Property in the aggregate amount of $7,191,326.00 that were incurred by the Contributor during the two-year period preceding Closing, and (ii) assume and pay on account of the Contributor’s capital expenditure obligation due Vornado Realty Trust (“Vornado”), or its designee, the sum of $1,650,000 for termination of the consulting agreement between the Contributor and Vornado.
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Reimbursement for Capital Expenditures. Any Capital Expenditures accrued after the Execution Date and paid by Seller between the Execution Date and the Effective Time shall be reimbursed by Buyer on the Closing Date and netted against any proration amounts determined pursuant to Section 3.4.
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Reimbursement for Capital Expenditures. At the Closing, the Second Closing and the Option Closing, Acquiror shall reimburse or pay Contributor for those capital expenditures made or incurred by Contributor with respect to the Properties (in the case of the Closing), Waterfront II (in the case of the Second Closing) or One City Centre and Three City Centre (in the case of the Option Closing) during the twenty four (24) month period preceding the Closing Date, the Second Closing Date or the Option Closing Date, as the case may be, (which capital expenditures shall be identified in writing by Contributor at least three (3) business days prior to the Closing Date, the Second Closing Date or the Option Closing Date, as the case may be); provided, however, that the amount reimbursed under this Section 3M shall not exceed the amount of cash payable to Contributor pursuant to Section 3B(i), Section 3B(ii), Section 3B(iii) or Section 3B(iv), respectively (including the Additional Cash Amount), in each case prior to any adjustment for this Section 3M. Acquiror shall disburse the amounts payable pursuant to this Section 3M at the Closing, the Second Closing and the Option Closing, as the case may be, to those people specified by Contributor in writing at least three (3) business days prior to the Closing Date, the Second Closing Date or the Option Closing Date, respectively.
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Reimbursement for Capital Expenditures. At the Closing, the reimbursement of expenditures under Section 4.10 of the Recapitalization Agreement shall be paid to Maxtor.
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Reimbursement for Capital Expenditures. The Parties recognize that the determination of the Consideration to be paid by Buyer hereunder contemplated that the capital expenditures of the Companies as set forth in the capital expenditure budget of the Companies attached hereto as Exhibit C (the “Cap Ex Budget”) be made. To the extent that such capital expenditures have not been spent prior to Closing, the Consideration and the Cash Payment will be reduced by such amount. From and after the Balance Sheet Date, the Companies will not undertake any capital expenditures other than those set forth in the Cap Ex Budget. Any additional capital expenditures not previously identified must be approved by Buyer in advance. The Consideration and the Cash Payment paid at Closing shall be increased by the amount of the capital expenditures approved by Buyer, excluding emergency or force majeure related capital expenditures.
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Reimbursement for Capital Expenditures. At the Closing, the Vornado Realty Group shall reimburse or pay the MM Contributors for those capital expenditures made or incurred by the MM Contributors with respect to the Real Property during the twenty four (24) month period preceding the Closing Date (which capital expenditures shall be identified in writing by the MM Contributors at least two (2) Business Days prior to Closing); provided, however, that the amount reimbursed under this Section 1.7.2 shall not exceed the amount of cash payable to the MM Contributors pursuant to Section 1.2.1(i) prior to any adjustment for this Section 1.7.2. The Vornado Realty Group shall disburse the amounts payable pursuant to this Section 1.7.2 by wire transfer of immediately available federal funds to the name(s) and account(s) specified by the MM Contributors in writing prior to the Closing Date. Any reimbursement to the MM Contributors pursuant to this Section 1.7.2 shall be in addition to, and not in lieu of, any amounts that the Vornado Realty Group shall be responsible in respect of capital expenditures incurred during the period after the Adjustment Date (i.e., as an adjustment pursuant to Section 1.3 or otherwise as provided herein).
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Related to Reimbursement for Capital Expenditures

  • Maximum Capital Expenditures Make or commit to make, or allow any of its Subsidiaries to make or commit to make, Capital Expenditures exceeding, in the aggregate for each Fiscal Year until the Termination Date, the greater of (A) EBITDA for such Fiscal Year, less the sum of (I) cash interest expense for such Fiscal Year, plus (II) amounts paid under Section 2.03 and all principal payments under the GECC Capital Lease and the NTFC Capital Lease (a) during Fiscal Year 2002 (for purposes of calculating the maximum Capital Expenditures for Fiscal Year 2003) or (b) during Fiscal Year 2004 or the applicable Fiscal Year thereafter (for purposes of calculating the maximum Capital Expenditures for Fiscal Year 2004 or the applicable succeeding Fiscal Year, as the case may be), or (B) $10,000,000 for Fiscal Year 2003 and $15,000,000 for each Fiscal Year thereafter. For purposes of calculating maximum Capital Expenditures, the amount calculated in item (II) above shall be deemed not to have exceeded $20,000,000 for Fiscal Year 2004 and shall be deemed not to have exceeded $30,000,000 for Fiscal Year 2005. Compliance with this Section 5.02(q)(i) shall be measured at the end of each Fiscal Year, commencing with Fiscal Year 2003. To the extent the Borrower’s actual Capital Expenditures for any Fiscal Year are less than the maximum Capital Expenditures for such Fiscal Year computed as aforesaid, the Borrower may increase Capital Expenditures for the subsequent Fiscal Year by an amount equal to the amount by which such maximum Capital Expenditures exceed such actual Capital Expenditures, but not by an amount which exceeds $5,000,000. For the purposes of this Section 5.02(q)(i) only, Capital Expenditures shall not include the Contingent Payments and any payment made in respect of that certain litigation arising from or in relating in any way to the use of rights of way granted to the Borrower by Mississippi Power Company; provided, that, to the extent that payment made in respect of such litigation is equal to or greater than $5,000,000, the Borrower shall deliver to the Agent prior to the payment thereof, a statement that the Borrower will have not less than $11,500,000 in cash and Cash Equivalents (excluding any insurance proceeds deposited with the Collateral Agent as described in clause (C) of the proviso in the definition of “Extraordinary Receipts”) after making such payment, certified by the Chief Financial Officer of the Parent.

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

  • Capital Expenditures, etc With respect to Capital Expenditures, the parties covenant and agree as follows:

  • Limitation on Capital Expenditures Make or commit to make (by way of the acquisition of securities of a Person or otherwise) any expenditure in respect of the purchase or other acquisition of fixed or capital assets (excluding any such asset acquired in connection with normal replacement and maintenance programs properly charged to current operations) except for:

  • XXXXXX’S EXPENDITURES If any action or proceeding is commenced that would materially affect Xxxxxx's interest in the Collateral or if Borrower fails to comply with any provision of this Agreement or any Related Documents, including but not limited to Borrower's failure to discharge or pay when due any amounts Borrower is required to discharge or pay under this Agreement or any Related Documents, Lender on Borrower's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on any Collateral and paying all costs for insuring, maintaining and preserving any Collateral. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Xxxxxxxx. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity.

  • Capital Expenditure Make or incur any Capital Expenditure if, after giving effect thereto, the aggregate amount of all Capital Expenditures by Borrower in any fiscal year would exceed the amount set forth on the Schedule;

  • 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.

  • Consolidated Capital Expenditures Holdings and Company shall not, and shall not permit their Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal Year (or portion of a Fiscal Year set forth below) in an aggregate amount in excess of the amount set forth below opposite such Fiscal Year (the “Maximum Consolidated Capital Expenditures Amount”): Fiscal Year Maximum Consolidated Capital Expenditures Amount Portion of Fiscal Year 2007 occurring following the Closing Date $ 10,000,000 2008 $ 11,000,000 2009 $ 12,000,000 2010 $ 13,000,000 2011 $ 14,000,000 2012 $ 15,000,000 2013 $ 16,000,000 Portion of Fiscal Year 2014 occurring prior to the Term Loan Maturity Date $ 17,000,000 provided that the Maximum Consolidated Capital Expenditures Amount for any Fiscal Year shall be increased by an amount equal to the excess, if any, of the Maximum Consolidated Capital Expenditures Amount 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 such previous Fiscal Year (with Capital Expenditures in any Fiscal Year being deemed to have been made first from any amount carried forward from the preceding Fiscal Year), and may be further increased at the option of Company by an amount equal to 50% of the Maximum Consolidated Capital Expenditures Amount for the succeeding Fiscal Year; provided, further, that in addition to the amounts set forth above, Holdings and its Subsidiaries may make Consolidated Capital Expenditures up to the Specified Equity Amount. Any usage of the succeeding Fiscal Year’s Maximum Consolidated Capital Expenditures Amount shall be deducted from the Maximum Consolidated Capital Expenditures Amount available for such succeeding Fiscal Year. After the consummation of any Permitted Acquisition permitted hereunder, the Maximum Consolidated Capital Expenditures Amount for any Fiscal Year shall be increased in an amount equal to 110% of the average annual amount of capital expenditures made by the Person or business so acquired as reflected in the financial statements of such Person or business during the two fiscal years preceding such Permitted Acquisition.

  • LENDER'S EXPENDITURES If any action or proceeding is commenced that would materially affect Lender's interest in the Collateral or if Borrower fails to comply with any provision of this Agreement or any Related Documents, including but not limited to Borrower's failure to discharge or pay when due any amounts Borrower is required to discharge or pay under this Agreement or any Related Documents, Lender on Borrower's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on any Collateral and paying all costs for insuring, maintaining and preserving any Collateral. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Borrower. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity.

  • General Expenses You authorize the Manager to charge your account with your Underwriting Percentage of all expenses of a general nature incurred by the Manager and Co-Managers under the applicable AAU in connection with the Offering, including the negotiation and preparation thereof, or in connection with the purchase, carrying, marketing and sale of any securities under the applicable AAU and any Intersyndicate Agreement, including, without limitation, legal fees and expenses, transfer taxes, costs associated with approval of the Offering by the NASD and the costs of currency transactions (including forward and hedging currency transactions) entered into to facilitate settlement of the purchase of Securities permitted under Section 3.1 hereof.

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