Capital Expenditure Shortfall definition

Capital Expenditure Shortfall means, as of the Effective Time, the positive amount, if any (and zero otherwise), by which the aggregate sum of the monthly amounts through the Effective Time (prorated for the month of the Effective Time, as applicable) in the CapEx Budget exceeds the amount of Capital Expenditures actually paid (other than payments in respect of Capital Expenditures incurred prior to January 1, 2021), or (without duplication) incurred and reflected in the Final Closing Working Capital as a current liability, by Seller and the Seller Subsidiaries between January 1, 2021 and the Effective Time.
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Capital Expenditure Shortfall means any excess, to the extent a positive number, of (a) the agreed and scheduled aggregate amount of expected cash capital expenditures (excluding all internal capitalized labor costs, including capitalized development, production, and installation, together “Capitalized Development Costs”) during the period commencing December 14, 2012 and ending on last day of the week in which the Closing Date occurs, as set forth as “Projected Cumulative Capital Expenditures” on Schedule B hereto, minus (b) the actual amount of such cash capital expenditures (excluding Capitalized Development Costs) during the period commencing December 14, 2012 and ending on the Closing Date. For the avoidance of doubt, capital expenditures shall exclude for sale inventory expected to be or actually incurred in the applicable period.
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Capital Expenditure Shortfall means the amount, if any, by which the Closing Capital Expenditure is less than the Reference Capital Expenditure (and, for the avoidance of doubt, if the Closing Capital Expenditure is equal to or greater than the Reference Capital Expenditure then the Capital Expenditure Shortfall shall be zero);
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Examples of Capital Expenditure Shortfall in a sentence

  • For the purpose of this Article 4.6, the amounts of the Closing Net Debt, the Working Capital Adjustment and the Capital Expenditure Shortfall shall be as set forth in the Final Closing Statement.

  • The consideration for the Shares comprises (i) the amount of SEVENTY-FIVE MILLION DOLLARS ($75,000,000.00) (the "UNADJUSTED PURCHASE PRICE") minus any principal portion of the Escrow Amount, if any, returned to Buyer pursuant to Section 2.g. hereof, (ii) the Adjustment Amount (which can be a negative or positive amount), (iii) the Capital Expenditure Shortfall Amount or the Capital Expenditure Surplus Amount, as the case may be, and (iv) the Deferred Payment Amount.

  • The term “Closing Date Purchase Price” means the sum of: (i) $43,500,000.00, plus (ii) the Estimated Working Capital Surplus, if any, minus (iii) the amount of the Estimated Working Capital Deficit, if any, plus (iv) the Estimated Capital Expenditure Overage, if any, minus (v) the Estimated Capital Expenditure Shortfall, if any, minus (vi) the Estimated Capex Payable Overage, if any, plus (vii) the Estimated Capex Payable Shortfall, if any, plus (viii) the Estimated Excess Severance Amount, if any.

  • If the Aggregate Capital Budget is in excess of the Actual Pre-Closing Capital Expenditures (the "CAPITAL EXPENDITURE SHORTFALL AMOUNT"), then Seller shall pay to Buyer the Capital Expenditure Shortfall Amount at the time the payments referred to in Section 2.e.ii.


More Definitions of Capital Expenditure Shortfall

Capital Expenditure Shortfall means the amount by which (x) the aggregate amount of capital expenditures made by the Sellers and the Acquired Companies in respect of the Acquired Business prior to the Closing Date is less than (y) the product of (A) $9 million multiplied by (B) the quotient of the number of days elapsed in 2007 prior to the Closing Date divided by 365.
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Capital Expenditure Shortfall has the meaning specified in Section ----------------------------- ------- 8.11. ----
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Capital Expenditure Shortfall means the amount by which the actual amount of capital expenditure of the Group during the Capex Spend Period is lower than the result of the Benchmark multiplied by the number of months between 1 January 2024 and the Effective Time;
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Capital Expenditure Shortfall means 50% of the amount by which Capital Expenditures for any fiscal year ending after September 30, 2000 are less than $10,000,000. The Capital Expenditure Shortfall, if any, shall be calculated as soon as possible, and i any event no later than thirty days after, the end of each fiscal year, shall be notified to the Administrative Agent and the Lenders within two Business Days of its calculation, and shall become effective for all purposes hereunder on the effective date of such notification.
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Related to Capital Expenditure Shortfall

  • Net Capital Expenditures means for any period the amount by which Capital Expenditures during such period exceeds reimbursements for such items during such period from any fund established pursuant to the Loan Documents.

  • Capital Expenditure Reserve means, on an annual basis, an amount equal to $0.15 per square foot for each property owned by a Borrower or the Parent (or a Subsidiary thereof).

  • Unfunded Capital Expenditures means Capital Expenditures made through Revolving Advances or out of Borrowers’ own funds other than through equity contributed subsequent to the Closing Date or purchase money or other financing or lease transactions permitted hereunder.

  • Unfinanced Capital Expenditures means, for any period, Capital Expenditures made during such period which are not financed from the proceeds of any Indebtedness (other than the Revolving Loans; it being understood and agreed that, to the extent any Capital Expenditures are financed with Revolving Loans, such Capital Expenditures shall be deemed Unfinanced Capital Expenditures).

  • Consolidated Capital Expenditures means, with reference to any period, the Capital Expenditures of the Borrower and its Subsidiaries calculated on a consolidated basis for such period.

  • Working Capital Shortfall means the amount, if any, by which Working Capital is less than the Working Capital Target.

  • Approved Capital Expenditures means Capital Expenditures incurred by Borrower and either (i) included in the Approved Annual Budget or (ii) approved by Lender, which approval shall not be unreasonably withheld or delayed.

  • Permitted Capital Expenditures has the meaning given that term in Section 9.12(b).

  • Capital Expenditure means expenditure on: a) the acquisition of land and buildings; b) the erection, enlargement, improvement or demolition of any building including fixed plant, installation, wall, fence or other structure, or any playground or hard standing;

  • Capital Expenditure Budget shall constitute an estimate for the applicable period of the capital expenditures required to (i) accomplish capital enhancement projects included in the most recently approved Strategic Plan, (ii) maintain and preserve the Partnership's assets in good operating condition and repair and (iii) achieve or maintain compliance with any HSE Law.

  • Maintenance Capital Expenditure means cash expenditures (including expenditures for the construction of new capital assets or the replacement, improvement or expansion of existing capital assets) by a Group Member made to maintain, over the long term, the operating capacity or operating income of the Partnership Group. For purposes of this definition, “long term” generally refers to a period of not less than twelve months.

  • Annual Capital Expenditure Adjustment means, for any retail Property, an amount equal to the product of (a) $0.15 multiplied by (b) the aggregate net rentable area (determined on a square feet basis) of all such Properties.

  • Investment Capital Expenditures means capital expenditures other than Maintenance Capital Expenditures and Expansion Capital Expenditures.

  • Expenditure minimum means:

  • Maintenance Capital Expenditures means cash expenditures (including expenditures for the addition or improvement to the capital assets owned by any Group Member or for the acquisition of existing, or the construction of new, capital assets) if such expenditures are made to maintain, including over the long term, the operating capacity or revenues of the Partnership Group.

  • Consolidated Maintenance Capital Expenditures means all Capital Expenditures of the Borrower and its Subsidiaries on a consolidated basis other than those constituting Consolidated Growth Capital Expenditures.

  • Non-Financed Capital Expenditures means, for any period, Capital Expenditures during such period other than Capital Expenditures funded with the proceeds of Indebtedness (excluding ABL Revolving Loans).

  • Capital Expenditures means, with respect to any Person for any period, the aggregate amount of all expenditures (whether paid in cash or accrued as a liability) by such Person during that period for the acquisition or leasing (pursuant to a Capital Lease) of fixed or capital assets or additions to property, plant, or equipment (including replacements, capitalized repairs, and improvements) which should be capitalized on the balance sheet of such Person in accordance with GAAP.

  • Recurrent Expenditure means any expenditure on the establishment, conduct, administration and maintenance of the Academy which does not fall within the categories of capital expenditure set out at clause 36. The Secretary of State shall pay two separate and distinct grants in respect of Recurrent Expenditure: General Annual Grant (“GAG”) and Earmarked Annual Grant (“EAG”).

  • Expansion Capital Expenditures means cash expenditures for Acquisitions or Capital Improvements. Expansion Capital Expenditures shall include interest (including periodic net payments under related interest rate swap agreements) and related fees paid during the Construction Period on Construction Debt. Where cash expenditures are made in part for Expansion Capital Expenditures and in part for other purposes, the General Partner shall determine the allocation between the amounts paid for each.

  • Capitalization Reimbursement Shortfall Amount With respect to any Distribution Date and, with respect to any Mortgage Pool comprised of two or more Loan Groups, each Loan Group, the amount, if any, by which the amount of Advances or Servicing Advances that were added to the Stated Principal Balance of all Mortgage Loans (or, if the Mortgage Pool is comprised of two or more Loan Groups, on the Mortgage Loans in the related Loan Group) during the preceding calendar month exceeds the amount of principal payments on the Mortgage Loans included in the Available Distribution Amount (or, if the Mortgage Pool is comprised of two or more Loan Groups, Available Distribution Amount for the related Loan Group) for that Distribution Date.

  • Capitalized Expenditures means those expenditures that (i) would be capitalized under generally accepted accounting principles, and (ii) are incurred with respect to Shared-Loss Loans, Other Real Estate, Additional ORE or Subsidiary ORE. Capitalized Expenditures shall not include expenses related to environmental conditions including, but not limited to, remediation, storage or disposal of any hazardous or toxic substances or any pollutant or contaminant.

  • Capital Expenses expenses that are capital in nature or required under GAAP to be capitalized.

  • Uncovered expenditures means the costs to the health care

  • Capitalization Reimbursement Amount As to any Distribution Date, the amount of Advances or Servicing Advances that were added to the Stated Principal Balance of the related Mortgage Loans during the prior calendar month and reimbursed to the Master Servicer or Subservicer on or prior to such Distribution Date pursuant to Section 3.10(a)(vii), plus the Capitalization Reimbursement Shortfall Amount remaining unreimbursed from any prior Distribution Date and reimbursed to the Master Servicer or Subservicer on or prior to such Distribution Date.

  • Excess Cash Flow Payment Date means the date occurring 90 days after the last day of a fiscal year of the Parent (commencing with its fiscal year ending December 31, 2000).