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).
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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.
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Examples of Excess Capital Expenditures in a sentence

  • This observation is significant because the presence and concentration of filaments within the sludge also directly correlates with poor OTE in the reactors.The relationship between filamentous microorganisms and OTE can be further supported by a qualitative evaluation of activated sludge morphology.

  • 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.

  • 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.

  • The "INITIAL EARN-OUT AMOUNT" shall be (1) the product of seven multiplied by the Trailing EBITDA, less (2) the amount of Excess Capital Expenditures (as such terms are defined below), provided that if the resultant amount of this clause (2) would otherwise be less than zero, then such amount shall be zero.

  • 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.


More Definitions of Excess Capital Expenditures

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.
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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;
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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.
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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.
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Excess Capital Expenditures means the dollar amount of those capital items specifically approved by Buyer in writing and purchased by the Companies during the period beginning September 1, 1997 and ending on the Closing Date.
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Excess Capital Expenditures shall have the meaning set forth in
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Excess Capital Expenditures has the meaning set forth in Section 1.4(i) hereof.
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