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.

Necessary Capital Expenditures means capital expenditures by the Issuer 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.

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.

• Infrastructure Deficit for Social Housing Tops $500 Million5.1 Eastern Ontario Not Keeping Up With Necessary Capital Expenditures (FIRs) By the end of 2012, Rural Eastern Ontario had lost more than half of the value of previous investments in social housing assets; they were worth $113 million compared to their original purchase/transfer price of $235 million.

• 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 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.

• Begin PO-2]The Port's July 2 comment letter on the Draft Initial Study pointed out the failure of the Draft Initial Study to address the potential environmental effects, particularly regarding hazardous materials, of undertaking the $620,526 of Necessary Capital Expenditures needed at the Oakland Power Plant.

• 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.

• Several commenters were supportive of the flexibility provided to generators to prove the amount of time hazardous waste remained in the tank (e.g., inventory logs, monitoring equipment, or records).

• Borrower shall not make any Capital Expenditures other than any (a) Capital Expenditures to the extent paid solely with the proceeds of Voluntary Equity Contributions or the proceeds distributed pursuant to the Depositary Agreement, (b) Necessary Capital Expenditures and (c) Capital Expenditures set forth in the applicable Annual Operating Budget, not in excess by more than 105% of the amounts set forth in such Annual Operating Budget for Capital Expenditures.

• The Initial Study fails to respond to the Port's comment letter on the Drat Initial Study in that it does not consider the hazardous material impacts of the $620,526 in Necessary Capital Expenditures a purchaser will be required to make to this documented materially contaminated site, and incorrectly assumes that the foreseeable scenario of divestiture would result in no increase in fuel oil even if the oil fueled Oakland Power Plant's capacity factor is increased from 0% to 10%.

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 such capital expenditures as are reasonably determined by Senior Lender to be necessary to maintain the Property in first class condition, including without limitation Re-Leasing Costs and Capital Costs.

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 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 all Capital Expenditures certified in writing by Borrower (and, if in excess of $25,000 for any Capital Expenditures or series of related Capital Expenditures, confirmed in writing by the Independent Engineer) to be reasonably necessary to permit Borrower to maintain and operate its respective assets and properties (including the Project) in accordance with Legal Requirements and Prudent Industry Practices (but only such Capital Expenditures as are required to satisfy such Legal Requirements and Prudent Industry Practices).

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.