Necessary Capital Expenditures definition

Necessary Capital Expenditures means capital expenditures that are required by Applicable Law (other than Environmental Laws) or undertaken for health and safety reasons or to prevent catastrophic failure of a unit. The term “Necessary Capital Expenditures” does not include any capital expenditure undertaken primarily to increase the efficiency of, expand or re-power any power generation facility.

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Necessary Capital Expenditures means capital expenditures that are required by Applicable Law (other than Environmental Laws) or undertaken voluntarily or involuntarily for health and safety reasons or to mitigate potential catastrophic failure of a unit. The term “Necessary Capital Expenditures” does not include any capital expenditure undertaken primarily to increase the efficiency of, expand or re-power any power generation facility.

Necessary Capital Expenditures means capital expenditures by EFIH and its Restricted Subsidiaries that are required by applicable law (other than Environmental Law) or otherwise undertaken voluntarily for health and safety reasons (other than as required by Environmental Law). The term “Necessary Capital Expenditures” does not include any capital expenditure undertaken primarily to increase the efficiency of, expand or re-power any power generation facility.

Examples of Necessary Capital Expenditures in a sentence

The Borrower shall not, and shall not permit any Subsidiary to, make any capital expenditures, except Environmental Capital Expenditures or Necessary Capital Expenditures.
Notwithstanding the foregoing, the Borrower and its Restricted Subsidiaries may at any time make additional Capital Expenditures (a) that are Environmental Capital Expenditures or Necessary Capital Expenditures or (b) in an amount equal to the amount of Exempt Equity Proceeds at such time.
Purchaser will at Closing pay to ComEd the amount expended by ComEd on account of all Pre-Approved Capital Expenditures, Necessary Capital Expenditures, Approved Capital Expenditures and Pre-Closing Remediation Expenditures made or completed by the Closing, and Purchaser will assume responsibility for and release ComEd from liability for all such expenditures.
Notwithstanding anything ------------------------------------- to the contrary contained herein, ComEd may (without Purchaser's consent) make (and undertake any work contemplated by): (i) Capital Expenditures described on Schedule 5.13 (Pre-Approved Capital Expenditures) (collectively, the "Pre- ------------- Approved Capital Expenditures"), (ii) Necessary Capital Expenditures, (iii) Approved Capital Expenditures and (iv) Pre-Closing Remediation Expenditures.
Notwithstanding anything ------------------------------------- to the contrary contained herein, ComEd may (without Purchaser's consent) make (and undertake any work contemplated by): (i) Capital Expenditures described on Schedule 5.13 (Pre-Approved Capital Expenditures) (collectively, the "PRE- ------------- APPROVED CAPITAL EXPENDITURES"), (ii) Necessary Capital Expenditures, (iii) Approved Capital Expenditures and (iv) Pre-Closing Remediation Expenditures.

More Definitions of Necessary Capital Expenditures

Necessary Capital Expenditures shall have the meaning set forth in Section 7.1(c) hereof.

Necessary Capital Expenditures means capital expenditures (other than Environmental Capital Expenditures) that are (i) required by Applicable Law, (ii) undertaken for health and safety reasons, or (iii) undertaken to increase the reliability of or to re-power any power generation facility.

Necessary Capital Expenditures means such capital expenditures as are reasonably determined by Senior Lender to be necessary to maintain the Property in first class condition.

Necessary Capital Expenditures means any capital expenditures that, in the exercise of Prudent Industry Practices, is reasonably necessary for the continued operation or maintenance of the Generating Assets or is required by applicable law. "NECESSARY CAPITAL EXPENDITURE" does not include any capital expenditure undertaken primarily to increase the efficiency of, expand or re-power the Generating Assets or capital expenditures for environmental purposes which are not required by Requirement of Law.

Necessary Capital Expenditures means any Capital Expenditures that are certified in an Officer’s Certificate as being necessary for the continued operation or maintenance of a Project, or are required by Applicable Law or any Project Document; provided that any such Project Document (a) was in effect as of the Closing Date and has not been amended thereafter to provide for additional Capital Expenditures or (b) replaces a Project Document that was in existence as of the Closing Date and that, during the remaining term of the existing Project Document that it replaces, does not require Capital Expenditures during such remaining term in excess of the Capital Expenditures required and not yet made under such existing Project Documents. Necessary Capital Expenditures shall not include any Capital Expenditure undertaken primarily to increase the efficiency of or expand any Project or Capital Expenditures for environmental purposes that are not required by Applicable Law (provided that, if an Applicable Law requires compliance by a specified date, such expenditure will be considered a “Necessary Capital Expenditure” even if made, or such Project is completed, prior to such date) or the Project Documents; provided that any such Project Document (i) was in effect as of the Closing Date and has not been amended thereafter to provide for additional Capital Expenditures or (ii) replaces a Project Document that was in existence as of the Closing Date and that, during the remaining term of the existing Project Document that it replaces, does not require Capital Expenditures during such remaining term in excess of the Capital Expenditures required and not yet made under such existing Project Documents.

Necessary Capital Expenditures does not include any capital expenditure undertaken primarily to increase the efficiency of, expand or re-power any power generation facility.

Necessary Capital Expenditures means capital expenditures by TCEH and its Restricted Subsidiaries that are required by applicable law (other than Environmental Law) or otherwise undertaken voluntarily for health and safety reasons (other than as required by Environmental Law). The term “Necessary Capital Expenditures” does not include any capital expenditure undertaken primarily to increase the efficiency of, expand or re-power any power generation facility.