Eligible Capital Expenditures definition

Eligible Capital Expenditures means, with respect to the Borrower, as of any date of determination for any Fiscal Quarter, all documented capital expenditures made by the Borrower during such Fiscal Quarter to purchase, install and maintain electric vehicle charging stations located in the United States (including third party labor costs paid in connection therewith) paid for in cash, as set forth in the Delayed Draw Borrowing Request, but not including any such capital expenditures made by the Borrower to purchase, install and maintain electric vehicle charging stations that are sold or financed pursuant to, or are otherwise the subject of, any Permitted Brookfield Sale or any Other Permitted Sale. “Embargoed Person” means any party that (i) is publicly identified on any List, including on the most current list of “Specially Designated Nationals and Blocked Persons” published by the OFAC or resides, is organized or chartered in a country or territory subject to OFAC sanctions or embargo programs or (ii) is publicly identified as prohibited from doing business with the United States under the International Emergency Economic Powers Act, the Trading With the Enemy Act, or any other Requirement of Law. “Environmental Laws” means all applicable Federal, state and local laws, statutes, ordinances and regulations, now or hereafter in effect, and in each case as amended or supplemented from time to time, and any applicable binding judicial or administrative interpretation thereof relating to the regulation and protection of human health as it relates to Hazardous Materials, the environment and natural resources (including ambient air, surface water, groundwater, wetlands, land surface or subsurface strata, wildlife, aquatic species and vegetation). “Environmental Liabilities” means all liabilities, obligations, responsibilities, remedial actions, removal costs, losses, damages of whatever nature, costs and expenses (including all reasonable
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Eligible Capital Expenditures means, as at the day prior to the Closing Date, the sum of (i) the aggregate amount of all capital expenditures (excluding capitalized interest) made by Seller or any other member of the Seller Group on or after the date hereof with respect to the Port Wentworth Project; provided that (A) such expenditures shall have been made in accordance with this Agreement and either paid in cash or reflected as accounts payable or accrued liabilities on the Statement and (B) in no event shall the amount determined under this clause (i) exceed $60,000,000; plus (ii) the amount, if any, by which (x) the aggregate amount of all capital expenditures (excluding capitalized interest) made by Seller or any other member of the Seller Group on or after the date hereof with respect to the Business (other than the Port Wentworth Project) exceeds (y) the sum of (I) $4,000,000 multiplied by the number of calendar months between the date hereof and the day prior to the Closing Date (determined by including the number of full calendar month and any additional fractional month in such period) plus (II) the amount of Extraordinary Maintenance and Repair Expenditures made by the Seller during such period and either paid in cash or reflected as accounts payable or accrued liabilities on the Statement; minus (iii) the amount, if any, by which the amount described in clause (ii)(x) above is less than the sum of (A) $3,600,000 multiplied by the number of calendar months between the date hereof and the day prior to the Closing Date (determined by including the number of full calendar month and any additional fractional month in such period) plus (B) the amount of Extraordinary Maintenance and Repair Expenditures made by the Seller during such period and either paid in cash or reflected as accounts payable or accrued liabilities on the Statement.
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Eligible Capital Expenditures means the total of (a) all capital expenditures (other than capital expenditures to replace or repair plant, property or equipment that suffers a casualty or similar loss after December 31, 2007) incurred on or after December 31, 2007 made by Seller or any other member of the Seller Group with respect to the Business to the extent such capital expenditures are paid in cash on or prior to the Closing Date or reflected as accounts payable or accrued liabilities in Closing Net Working Capital (in each case, excluding capitalized interest) and (b) either (i) if the amount of net long term receivables of the Business as of the close of business on the Closing Date exceeds $9,159,342, plus the amount of such excess or (ii) if the amount of net long term receivables of the Business as of the close of business on the Closing Date is less than $9,159,342, minus the amount of such deficit, in each case calculated in a manner consistent with Seller’s historical methods, policies, principles and methodologies (except for the exclusion of capitalized interest from capital expenditures), excluding any effects of the Transactions.
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Examples of Eligible Capital Expenditures in a sentence

  • If, during the performance of Tenant’s maintenance, repair and replacement obligations under this Lease, Tenant determines that any of the work described in Section 4.2.3(b), 4.2.3(c) or 4.2.3(d) is necessary and will qualify as Eligible Capital Expenditures (such work being referred to herein as “Capital Work”), Tenant shall notify Landlord thereof in writing with a reasonably detailed description of the Capital Work that Tenant wishes to have done (“Tenant’s Capital Work Notice”).

  • Within 90 days after the Closing Date, Purchaser shall prepare and deliver to Seller a statement (the “Closing Date Statement”), setting forth (i) the Net Working Capital of the Business as of the close of business on the Closing Date (the “Closing Net Working Capital”) and (ii) the Eligible Capital Expenditures of the Business from and including December 31, 2007 to the close of business on the Closing Date (the “Closing Eligible Capital Expenditures”).

  • AIM agrees to create a dedicated General Xxxxxx account solely for the receipt of AIM Capital Funds from Arlington County and the payment of PEG Eligible Capital Expenditures (“PEG GL”).

  • In addition to the foregoing adjustment, (i) the Purchase Price shall be decreased by an amount equal to the Debt Amount and (ii) the Purchase Price shall be increased by an amount equal to the Closing Eligible Capital Expenditures.

  • The Closing Working Capital, the Closing Eligible Capital Expenditures, the Debt Amount and the Annualized Business Three Month Net Sales Amount are to be calculated as of close of business on the Closing Date in accordance with the Accounting Principles.

  • All work related to Eligible Capital Expenditures, other than Tenant-Caused Replacements (which shall be performed by Tenant at Tenant’s sole cost and expense), shall be performed by Landlord.

  • Includes most capital expenditures made for purpose of gaining or producing income from a business Eligible Capital Expenditures include things like:Incorporation and organization costsBrand names that are not intangible propertyFranchisesGoodwillCustomer listsLicensesECE does not include:any amount deductible under another sectionany amount that is not deduction under a provision other than para.

  • Line 2.3, Column 3 (DCC – Prior Eligible Capital Expenditures) has been modified to include funding for prior years’ unsupported capital expenditures under both the use ofdeferred revenues reported in Schedule 21E and the current year allocation calculated on Schedule 23, pages 2 to 5.

  • If any of the Eligible Capital Expenditures identified in Sections 4.2.3(b), 4.2.3(c), or 4.2.3(d) above are in excess of the Amortization Threshold, the cost of such Eligible Capital Expenditures shall be amortized using the Amortization Rate over the useful economic life of the item as determined by Landlord using its good faith and commercially reasonable judgment and such annual amortized amount may be included by Landlord in Operating Costs in the applicable year.

  • In the event that the Borrower Representative makes any such exclusion to exclude Eligible Equipment, Eligible Capital Expenditures or, if applicable, Eligible Real Estate, from any Borrowing Base, then notwithstanding anything to the contrary set forth in the definition of any such Borrowing Base, such assets shall not thereafter be included in the applicable Borrowing Base without the consent of the Supermajority Lenders.


More Definitions of Eligible Capital Expenditures

Eligible Capital Expenditures means capital expenditures incurred by the Borrower for a maximum of $19,339,000 from August 1, 2001 to July 31, 2004;
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Eligible Capital Expenditures means, with respect to RMC, NWR, Hutch, Willow and RML, the actual, out-of-pocket invoice cost (not to include installation charges or other charges not comprising the pre-installation purchase price of such Equipment) of Equipment (other than tools, dies, furniture, furnishings, Equipment leased by such Borrower, data processing software and Equipment to be attached to existing Equipment) purchased by such Borrower on or after the Restatement Closing Date which the Agent shall determine, in its reasonable discretion, to be eligible as the basis on which Capital Expenditure Loans may be made hereunder; provided, that any such purchase shall be permitted by the terms of Section 8.23.
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Eligible Capital Expenditures means any and all payments and accruals for fixed assets (including, without limitation, the appraised value of currently owned fixed assets), improvements or additions and accruals for fixed assets, improvements or additions and associated installation costs that are related to providing telecommunication services to customers or monitoring the network that provides such telecommunications services and that have a useful life of more than one year and that are required to be capitalized under GAAP which is owned by Borrower and not subject to any right, claim or interest of another other than a Lien in favor of Agent, on behalf of Lenders, including leasehold improvements at switching centers and POP (point-of-presence) sites and internal telecommunications equipment, but excluding line access charges, leased pagers, technician vans and replacement equipment included in the vans and any other such expenditures not otherwise acceptable to Agent in its reasonable discretion; provided, however, notwithstanding anything to the contrary contained in this Agreement, no payments or accruals with respect to that certain IRU Agreement, dated as of October 31, 1997, by and between Qwest Communications Corporation and Borrower shall be included or deemed to constitute Eligible Capital Expenditures, provided, further that the value of all Eligible Capital Expenditures shall be based on (i) the most current appraisal received by Agent, which appraisal shall have been conducted by an appraiser acceptable to Agent in its sole discretion and shall be in a form satisfactory to Agent related to fixed assets currently owned by Borrower, or (ii) the invoice amount paid by Borrower for fixed assets purchased by Borrower after March 1, 1998, which fixed assets would otherwise qualify as Eligible Capital Expenditures hereunder; provided that simultaneously with any Capex Advance Request related to such fixed assets, which would otherwise qualify as Eligible Capital Expenditures hereunder, Agent shall be provided copies of all such invoices upon request and shall determine the value of such fixed assets therefrom.
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Eligible Capital Expenditures means, with respect to the Borrower, as of any date of determination for any Fiscal Quarter, all documented capital expenditures made by the Borrower during such Fiscal Quarter to purchase, install and maintain electric vehicle charging stations located in the United States (including third party labor costs paid in connection therewith) paid for in cash, as set forth in the Delayed Draw Borrowing Request, but not including any such capital expenditures made by the Borrower to purchase, install and maintain electric vehicle charging stations that are sold or financed pursuant to, or are otherwise the subject of, any Permitted Brookfield Sale or any Other Permitted Sale.
Sample 1

Related to Eligible Capital Expenditures

  • 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.

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

  • 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.

  • 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).

  • 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.

  • 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.

  • Consolidated Capital Expenditures means, for any period, the aggregate of all expenditures of Company and its Subsidiaries during such period determined on a consolidated basis that, in accordance with GAAP, are or should be included in “purchase of property and equipment or similar items”, or that should otherwise be capitalized, as reflected in the consolidated statement of cash flows of Company and its Subsidiaries.

  • 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).

  • 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.

  • Consolidated Maintenance Capital Expenditures means, for any period, the aggregate amount of expenditures for additions to property, plant, and equipment that are not Consolidated Expansion Capital Expenditures.

  • 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;

  • Unfunded Capital Expenditures means capital expenditures made from the Borrower’s funds other than funds borrowed as term debt to finance such capital expenditures.

  • 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.

  • local expenditures means expenditures in the currency of the Borrower or for goods or services supplied from the territory of the Borrower; and

  • Qualified expenditures means capital expenditures that qualify, or would qualify except that the taxpayer entered into an agreement under subsection (13), for a rehabilitation credit under section 47(a)(2) of the internal revenue code if the taxpayer is eligible for the credit under section 47(a)(2) of the internal revenue code or, if the taxpayer is not eligible for the credit under section 47(a)(2) of the internal revenue code, the qualified expenditures that would qualify under section 47(a)(2) of the internal revenue code except that the expenditures are made to an historic resource that is not eligible for the credit under section 47(a)(2) of the internal revenue code that were paid. Qualified expenditures do not include capital expenditures for nonhistoric additions to an historic resource except an addition that is required by state or federal regulations that relate to historic preservation, safety, or accessibility.

  • 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).

  • Eligible Expenditures means expenditures in respect of the reasonable cost of goods, works and services required for the Project and to be financed out of the proceeds of the Loan allocated from time to time to the eligible Categories in accordance with the provisions of Schedule 1 to this Agreement; and

  • Ineligible Expenditures means those expenditures described as ineligible in Schedule C or deemed ineligible by Canada in accordance with Section 4.2.

  • 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).

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

  • 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.

  • Planned Expenditures shall have the meaning provided in the definition of the term Excess Cash Flow.

  • Qualified rehabilitation expenditures means capital

  • Independent expenditure means an expenditure by a person:

  • Operating Expenditures means all Partnership Group expenditures, including, but not limited to, taxes, reimbursements of the General Partner, repayment of Working Capital Borrowings, debt service payments and capital expenditures, subject to the following: