Unfunded Capital Expenditures. Make any Unfunded Capital Expenditures, except that the Borrowers may make aggregate Unfunded Capital Expenditures in each Fiscal Year during the term hereof in an amount not to exceed, (a) $60,000,000 less (b) the sum of (i) all payments made or scheduled to be made by any Borrower during such Fiscal Year on or with respect to Purchase Money Indebtedness, Operating Lease Obligations and (without duplication) Indebtedness for Money Borrowed which, in each case, was incurred by a Borrower prior to the commencement of such Fiscal Year, and (ii) the aggregate amount of all Purchase Money Indebtedness and Operating Lease Obligations incurred by any of the Borrowers during such Fiscal Year.
Unfunded Capital Expenditures. Contract for, purchase or make any expenditure or commitments for Unfunded Capital Expenditures in an aggregate amount for all Borrowers not to exceed $3,000,000 in any fiscal year; provided, however, in the event Capital Expenditures during any fiscal year are less than the amount permitted for such fiscal year, then the unused amount (the “Carryover Amount”) may be carried over and used in the immediately succeeding fiscal year; provided, further, that any Carryover Amount shall be deemed to be the last amount spent in such succeeding fiscal year.
Unfunded Capital Expenditures. During the Fiscal Year of the Borrower ending on September 30, 2011, Borrower shall not incur Unfunded Capital Expenditures in excess of $2,000,000.00 in the aggregate (tested as of the last day of each fiscal quarter of such Fiscal Year on a year-to-date basis). During each Fiscal Year of the Borrower ending after September 30, 2011 but on or before September 30, 2012, Borrower shall not incur Unfunded Capital Expenditures in excess of $3,250,000.00 in the aggregate (tested as of the last day of each fiscal quarter ended after September 30, 2011 on a year-to-date basis). During each Fiscal Year of the Borrower ending after September 30, 2012, Borrower shall not incur Unfunded Capital Expenditures in excess of $2,000,000.00 in the aggregate (tested as of the last day of each fiscal quarter ended after September 30, 2012 on a year-to-date basis).
Unfunded Capital Expenditures. Not have Capital Expenditures (to be tested as of any day), on a consolidated basis with respect to Borrower and its Subsidiaries, in excess of (i) Thirty Million Dollars ($30,000,000.00) for Borrower’s fiscal year ending December 31, 2015, and (ii) Twenty Five Million Dollars ($25,000,000.00) per fiscal year for each fiscal year thereafter through and including September 30, 2016; provided, however, that any Permitted Indebtedness incurred in excess of Ten Million Dollars ($10,000,000.00) under subsection (e) of the definition of Permitted Indebtedness shall reduce the amount of Capital Expenditures permitted during the year such Indebtedness is incurred on a dollar for dollar basis.
Unfunded Capital Expenditures. Make Unfunded Capital Expenditures which, in the aggregate, as to Borrower and its Subsidiaries, exceed $1,500,000 during any fiscal year of Borrower, provided, however, that if during the period from the Effective Date to June 30, 2005 Unfunded Capital Expenditures exceeds $1,500,000, the excess may be offset by the Equity Injection during such period.
Unfunded Capital Expenditures. The Borrower shall not incur Unfunded Capital Expenditures in excess of $5,500,000 during the fiscal year ending December 31, 1998.
Unfunded Capital Expenditures. Section 7.6 of the Loan Agreement shall be amended and restated in its entirety as follows: 7.6
Unfunded Capital Expenditures. The Definitions Schedule to the Loan Agreement is hereby amended by the addition of a new definition “Unfunded Capital Expenditures” in the appropriate alphabetical order to read as follows:
Unfunded Capital Expenditures. Permit Unfunded Capital Expenditures to exceed, individually or in the aggregate, an amount equal to (a) Three Hundred Thousand and 00/100 Dollars ($300,000.00) in Borrower’s Fiscal Year ending September 30, 2014, (b) Two Hundred Twenty Five Thousand and 00/100 Dollars ($225,000.00) in Borrower’s Fiscal Year ending September 30, 2015, and (c) Two Hundred Twenty Five Thousand and 00/100 Dollars ($225,000.00) in Borrower’s Fiscal Year ending September 30, 2016.
Unfunded Capital Expenditures. The following definition is hereby added to the Loan Agreement as Section 1.105A: