Excess Capital Expenditures definition

Excess Capital Expenditures has the meaning provided such term in Section 8.2(b)(ii).

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Excess Capital Expenditures. As defined in Subsection 4.4(b).

Excess Capital Expenditures means the difference of (A) the amount of capital expenditures reasonably paid, incurred or committed to by Seller between the Execution Date and the date of the termination of this Agreement for capital expenditure projects made as a result of the written request of Buyer, and that Seller would not have reasonably been expected to be made or incurred in absence of this Agreement or Buyer’s request and (B) the amount of capital expenditures that Seller could reasonably have been expected to be paid, incurred or committed to by Seller and its Affiliates, between the Execution Date and the date of termination of this Agreement, in the absence of this Agreement. Seller’s notice pursuant to this Section 8.2(b)(ii) shall contain Seller’s calculation of the amount to be reimbursed pursuant to this Section 8.2(b)(ii) together with a reasonably detailed explanation and supporting detail of the calculation thereof.

Examples of Excess Capital Expenditures in a sentence

If, on the basis of such Capital Expenditures Report, Tenant is entitled to a payment of any Excess Capital Expenditures Amount as described in Section 7.6.1 above, then, notwithstanding anything to the contrary, such payment shall be due and payable to Tenant only as and when the conditions of Section 3.1 or 3.2 for the return of the Security Deposit or Letter of Credit, as applicable, have been met.
For purposes of this Section 5.2(i), "Excess Capital Expenditures" shall mean, with respect to any fiscal year of the Company, the portion of the aggregate amount of consolidated Capital Expenditures of the Company and its Subsidiaries made during such fiscal year that exceeds the consolidated Depreciation Expense of the Company and its Subsidiaries for such fiscal year.
Permit the aggregate amount of all Capital Expenditures of the Borrowers during any Fiscal Year to exceed twice the amount of all Depreciation for such Fiscal Year; provided that to the extent not expended in any Fiscal Year ("Excess Capital Expenditures"), such Excess Capital Expenditures may not be carried over and expended in any following Fiscal Year.
Lessee shall provide Lessor any additional information regarding Excess Capital Expenditures, and from time to time provide Lessor with status reports on the Excess Capital Expenditures and the implementation of any plan to reduce or avoid such Excess Capital Expenditures, each as reasonably requested by Lessor or its representatives.
Capital Expenditures made in any such succeeding Fiscal Year shall be applied first to the Excess Capital Expenditures Allowance carried forward until such Allowance is exhausted and shall then be applied to the maximum Capital Expenditures specified above for such Fiscal Year in determining whether an Excess Capital Expenditure Allowance is available to be carried forward to the next succeeding Fiscal Year in the manner described in this Subsection 7.5.4.

More Definitions of Excess Capital Expenditures

Excess Capital Expenditures means, with respect to any fiscal year of the Company, the portion of the aggregate amount of consolidated Capital Expenditures of the Company and its Subsidiaries made during such fiscal year that exceeds the consolidated Depreciation Expense of the Company and its Subsidiaries for such fiscal year.

Excess Capital Expenditures means the aggregate amount of Capital Expenditures (other than Permitted New Fiber Cap Ex) made during a given fiscal year in excess of $25,000,000;

Excess Capital Expenditures means the aggregate amount of Capital Expenditures (other than Permitted New Fiber Cap Ex) made during a given fiscal year in excess of $25,000,000.

Excess Capital Expenditures means all capital expenditures made in cash by the Company or any of its Restricted Subsidiaries that are in excess of $15 million in the applicable twelve-month period.

Excess Capital Expenditures shall have the meaning set forth in

Excess Capital Expenditures means, to the extent that such amount is greater than zero, (A) the amount of Actual Capital Expenditures made in any Year, minus (B) the Budgeted Capital less aggregate Capital Expenditures in all prior Years, minus (C) the Capital Savings for the Year, PROVIDED, HOWEVER, that if there were Excess Capital Expendi tures in any prior Year, then the Excess Capital Expenditures for the Year being calculated shall equal the Actual Capital Expenditures for such Year. The Excess Capital Expenditures are referred to by reference to each particular Year, including only the Actual Capital Expenditures made during that Year. (e.g., If there are no Capital Savings in Year 1 or Year 2, and if $2,000,000 in chargeable capital is spent on the Expanded Business before the end of Year 1, and an additional $200,000 in Year 2, the Year 1 Excess Capital Expenditures would be $100,000, and the Year 2 Excess Capital Expenditures would be $200,000.) Year 1 Excess Capital Expenditures includes all Actual Capital Expenditures made from the Closing Date through the end of Year 1.

Excess Capital Expenditures means the amount by which Capital Expenditures exceed $650,000 in each period; provided that this amount shall be $200,000 for Period One and $650,000 times the Second Adjustment for Period Five.