Excluded Capital Expenditures definition

Excluded Capital Expenditures all Capital Expenditures:

Excluded Capital Expenditures means (a) Capital Expenditures of Holdings, the Borrower and the Subsidiaries in a cumulative aggregate amount not exceeding $40,000,000 required to be made under the Acquisition Agreement and any other agreements directly relating to the Acquisition and (b) Capital Expenditures of Holdings, the Borrower and the Subsidiaries in a cumulative aggregate amount not exceeding $30,000,000 in respect of the IT Upgrade Project.

Excluded Capital Expenditures means Capital Expenditures funded, directly or indirectly, from the proceeds of the amount of the Cash Equity Investment in excess of $25,000,000 made on the Closing Date or from the proceeds of Excluded Stock Issuances made after the Closing Date.

Examples of Excluded Capital Expenditures in a sentence

• The Group Members shall not incur, or permit to be incurred, Capital Expenditures (excluding Excluded Capital Expenditures) by, in or on behalf of Strategic Ventures in excess of (i) $7,500,000 minus (ii) the aggregate amount of Investments made pursuant to Section 8.3(e)(ii).

• Create, incur, assume or suffer to exist outstanding Satellite Vendor Obligations that are reasonably expected to come due during the term of this Agreement and that will not constitute Excluded Capital Expenditures in an aggregate amount in excess of an amount equal to (a) the aggregate amount of Covenant Capital Expenditures allowed under this Agreement during the term hereof less (b) the aggregate amount of all Covenant Capital Expenditures actually made during the term of this Agreement.

• In addition, and as a further limitation, the Borrowers will not make any Capital Expenditures other than (i) Maintenance Capital Expenditures, (ii) Excluded Capital Expenditures, and (iii) additional Capital Expenditures; PROVIDED that the aggregate amount of such additional Capital Expenditures made by the Borrowers during any one fiscal year pursuant to this clause (iii) shall not exceed $3,000,000.

• Permit the aggregate amount of Capital Expenditures (other than Excluded Capital Expenditures) made during any period below to exceed the amount set forth opposite such period below: January 1, 2009 to March 31, 2009 $ 250,000,000 January 1, 2009 to June 30, 2009 $ 500,000,000 January 1, 2009 to September 30, 2009 $ 700,000,000 January 1, 2009 to December 31, 2009 $ 840,000,000 SECTION 6.12.

• Section 8.16 Excluded Capital Expenditures; Capital Expenditures.

More Definitions of Excluded Capital Expenditures

Excluded Capital Expenditures means any Capital Expenditure (whether or not required) made solely for maintenance, replacement or environmental, human health or safety or other regulatory purposes and not in connection with the incurrence of Expansion Capital Expenditures.

Excluded Capital Expenditures means Capital Expenditures made under Section 8.07(b).

Excluded Capital Expenditures means (i) any expenditures required by any change in applicable Law, and (ii) any catalyst or turnaround expenditures that are not treated as capital expenditures consistent with the accounting practices of Lyondell on the date hereof.

Excluded Capital Expenditures means Capital Expenditures (a) financed directly with proceeds of a substantially contemporaneous issuance of equity interests by the Parent (other than to a Loan Party or Subsidiary), (b) financed with Funded Indebtedness permitted hereunder other than Loans, (c) made with (i) net cash proceeds from any Disposition permitted hereunder or (ii) proceeds of insurance arising from any casualty or other insured damage or from condemnation or similar awards with respect to any property or asset or (d) made in cash (and not financed) by a Borrower or its Subsidiaries in connection with the integration of Epic Systems IT.

Excluded Capital Expenditures means (i) Capital Expenditures by Aleris or its Subsidiaries made in China if at the time such Capital Expenditures are made Excess Availability is no less than $175,000,000; provided that if such Capital Expenditures are specifically funded with the proceeds of Revolving Loans or Swingline Loans and after giving effect to such Borrowings, Excess Availability is less than $175,000,000, then an amount equal to the difference between Excess Availability prior to giving effect to such Borrowing and $175,000,000 shall be considered Excluded Capital Expenditures; provided, further, that the amount of such Capital Expenditures described in this clause (i) shall not exceed $75,000,000 in any Test Period; and (ii) Capital Expenditures that were specifically funded by (x) Indebtedness (other than a Revolving Loan or Swingline Loan), or (y) with respect to Capital Expenditures by Aleris or its Subsidiaries made in China or by Aleris or its Subsidiaries organized under the Laws of Brazil made in Brazil, the proceeds from the sale of Equity Interests of Aleris (without duplication with any Cure Amount), or (z) with respect to all other Capital Expenditures, the proceeds of up to $25,000,000 per Test Period from the sale of Equity Interests of Aleris (without duplication with any Cure Amount).

Excluded Capital Expenditures means Consolidated Capital Expenditures (a) financed with Indebtedness permitted hereunder other than Revolving Loans, or (b) made with (i) net proceeds from Dispositions permitted under clauses (a), (c), (e), (f) or (h) of Section 8.05, or (ii) proceeds of insurance arising from any casualty or other insured damage or from condemnation or similar awards with respect to any property or asset.

Excluded Capital Expenditures means, for any period, (a) Financed Capital Expenditure during such period, (b) with respect to periods ending prior to the second anniversary of the Effective Date, any Capital Expenditures in an amount not to exceed $200,000,000 in the aggregate for such period (or $400,000,000 in the aggregate for all such periods), in connection with the Revitalization Program (as set forth in a certificate delivered to the Administrative Agent by the Borrower) and (c) Permanently Idled Operations Capital Expenditures in an amount not to exceed $200,000,000 in the aggregate for all such periods.