Permitted Capex definition

Permitted Capex means capital expenditure incurred in accordance with the Approved Capital Expenditure Budget between the date of this Agreement and the Completion Date (inclusive);
Sample 1Sample 2Sample 3
Permitted Capex has the meaning given to such term in the definition of “Operating Costs”.
Sample 1Sample 2
Permitted Capex means as defined in Section 6.7.
Sample 1Sample 2

Examples of Permitted Capex in a sentence

  • The Borrower shall (and shall cause each Borrower Party to) not make any capital expenditures, except for Permitted Capex.

  • Save for the Permitted Capex, there are no agreements or arrangements of any Group Company for capital expenditures ***.

  • Following the Term Conversion Date for a Project, make any capital expenditures for any Project in excess of 10 % of such capital expenditures budgeted in the Term Conversion Date Base Case Model for such Project, other than Permitted Capex or with amounts permitted to be distributed from the Distribution Account in accordance with the Depositary Agreement.

  • Permitted Capex Amount - for any Measurement Period, an aggregate amount of Capital Expenditures made or incurred by Borrowers (or any of them) which, when included in the calculation of the Fixed Charge Coverage Ratio, measured for such Measurement Period, will not result in a Fixed Charge Coverage Ratio of less than 1.25 to 1.

  • The Borrower shall deliver, or cause to be delivered, to the Administrative Agent notice and, where applicable, copies of (i) all material amendments to the Construction Budgets and Schedules, (ii) material change orders effected and (iii) any material changes from the capital expenditures budgeted in the Borrowing Base Certificate Date Case Model for such Project, other than Permitted Capex.

  • Make or commit to make, in any fiscal year, an aggregate amount of Capital Expenditure in excess of the Permitted Capex Amount; provided that Borrower and its Subsidiaries shall not make or commit an aggregate amount of Capital Expenditures in excess of $1,200,000 in any fiscal quarter.

  • During Period 2: Capex to be capped on an annual basis as per the Permitted Capex Level provided that, if Period 2 interest on the PXF Facility or the Notes is not being kept current, it shall instead be capped at the Agreed Capex Level.

  • Additionally, six individual data points with response latencies below 200 ms were excluded, as these are unlikely to reflect real posting decisions.

  • If as of 31 December of a year during Period 1, 100% of interest for that year has been paid (including any “catch-up” interest if payable as per paragraph 3(d)), the capex of the following year can be increased by $100m versus the Agreed Capex Level, i.e. returned to the Permitted Capex Level.

  • For the avoidance of doubt, any unutilised portion of the Permitted Capex Limit for any month falling within paragraph (B) of the definition of “Permitted Capex Limited” shall not form any part of the Unused Capex Limit for such month.


More Definitions of Permitted Capex

Permitted Capex means capital expenditures which the applicable Borrower Party is required to make pursuant to the terms of the Operative
Sample 1
Permitted Capex means capital expenditure required to address urgent matters related to the Sale Assets such as, without limitation, preservation and safety;
Sample 1
Permitted Capex shall have the meaning set forth in Section 6.6 hereof.
Sample 1
Permitted Capex means capital expenditures which the applicable Borrower Party is required to make pursuant to the terms of the Operative Documents.
Sample 1

Related to Permitted Capex

  • Permitted Capital Expenditures has the meaning given that term in Section 9.12(b).

  • Unfinanced Capital Expenditures means, for any period, Capital Expenditures made during such period which are not financed from the proceeds of any Indebtedness (other than the Revolving Loans; it being understood and agreed that, to the extent any Capital Expenditures are financed with Revolving Loans, such Capital Expenditures shall be deemed Unfinanced Capital Expenditures).

  • Approved Capital Expenditures means Capital Expenditures incurred by Borrower and either (i) included in the Approved Annual Budget or (ii) approved by Lender, which approval shall not be unreasonably withheld or delayed.

  • Non-Financed Capital Expenditures means, for any period, Capital Expenditures during such period other than Capital Expenditures funded with the proceeds of Indebtedness (excluding ABL Revolving Loans).

  • Consolidated Capital Expenditures means, for any period, the aggregate of all expenditures of Company and its Subsidiaries during such period determined on a consolidated basis that, in accordance with GAAP, are or should be included in “purchase of property and equipment or similar items”, or that should otherwise be capitalized, as reflected in the consolidated statement of cash flows of Company and its Subsidiaries.

  • CAPEX means Capital Expenditure for the Project;

  • Unfunded Capital Expenditures means capital expenditures made from the Borrower’s funds other than funds borrowed as term debt to finance such capital expenditures.

  • Availability Reserves means, without duplication of any other Reserves or items that are otherwise addressed or excluded through eligibility criteria, such reserves as the Agent from time to time determines in its discretion as being appropriate (a) to reflect the impediments to the Agent’s ability to realize upon the Collateral, (b) to reflect claims and liabilities that the Agent determines may need to be satisfied in connection with the realization upon the Collateral, (c) to reflect criteria, events, conditions, contingencies or risks which the Agent believes in good faith could adversely affect any component of the Borrowing Base, or the assets, business, financial performance or financial condition of any Loan Party, or (d) to reflect that a Default or an Event of Default then exists. Without limiting the generality of the foregoing, Availability Reserves may include, in the Agent’s discretion, (but are not limited to) reserves based on: (i) rent; (ii) customs duties, and other costs to release Inventory which is being imported into the United States; (iii) outstanding Taxes and other governmental charges, including, without limitation, ad valorem, real estate, personal property, sales, claims of the PBGC and other Taxes which may have priority over the interests of the Agent in the Collateral; (iv) salaries, wages and benefits due to employees of any Borrower, (v) Customer Credit Liabilities, (vi) customer deposits, (viii) reserves for reasonably anticipated changes in the Appraised Value of Eligible Inventory between appraisals, (viii) warehousemen’s or bailee’s charges and other Permitted Encumbrances which may have priority over the interests of the Agent in the Collateral, (ix) amounts due to vendors on account of consigned goods, (x) Cash Management Reserves, (xi) Bank Products Reserves and (xii) royalties payable in respect of licensed merchandise.

  • Borrowing Base Availability means, at the time of any determination, an amount equal to the lesser of the Borrowing Base at such time and the aggregate amount of the Commitments at such time.

  • Non-Availability Charges has the meaning set forth in the CAISO Tariff.

  • Committed Capital means $20,837,637.00 for 14,129,250 Class A Capital Units to be issued with respect to Members receiving Class A Capital Units in the Reorganization, and, with respect to any additional Members, the purchase price of the Capital Units subscribed for in any subsequent offering pursuant to a subscription agreement that has been accepted by the Company, regardless of whether such purchase price has been fully paid.

  • Required Availability means Excess Availability and unrestricted cash and Cash Equivalents in an amount of not less than $5,000,000.

  • Consolidated Cash Flow Available for Fixed Charges means, with respect to any Person for any period:

  • Permitted Facility means a facility authorized by the general permit to discharge total nitrogen or

  • Permitted Overadvance means an Overadvance made by the Administrative Agent, in its discretion, which:

  • Availability Reserve means the sum (without duplication of any other reserves or items that are otherwise addressed or excluded through eligibility criteria (including collection rates or collection percentages)) of (a) the Rent and Charges Reserve; (b) the Bank Product Reserve; provided that reserves of the type described in this clause (b) shall be instituted only after consultation with the Lead Borrower; (c) customs duties, and other costs to release Inventory which is being imported into the United States; (d) outstanding Taxes and other governmental charges, including, ad valorem, real estate, personal property, sales, and other Taxes which have priority over the interests of the Administrative Agent in the Current Asset Collateral; (e) salaries, wages and benefits due to employees of the Borrowers which have priority over the interests of the Administrative Agent in the Current Asset Collateral; (f) Customer Credit Liabilities, (g) the Inventory Reserve, and (h) such additional reserves not otherwise addressed in clauses (a) through (g) above, in such amounts and with respect to such matters, as the Administrative Agent in its Credit Judgment may elect to establish or modify from time to time. Notwithstanding anything to the contrary in this Agreement, (i) such Availability Reserves shall not be established or changed except upon not less than three (3) Business Days’ prior written notice to the Lead Borrower, which notice shall include a reasonably detailed description of such Availability Reserve being established (during which period (a) the Administrative Agent shall, if requested, discuss any such Availability Reserve or change with the Lead Borrower and (b) the Lead Borrower shall have the opportunity to take such action as may be required so that the event, condition or matter that is the basis for such Availability Reserve or change thereto no longer exists or exists in a manner that would result in the establishment of a lower Availability Reserve or result in a lesser change thereto, in a manner and to the extent reasonably satisfactory to the Administrative Agent), (ii) the amount of any Availability Reserve established by the Administrative Agent, and any change in the amount of any Availability Reserve, shall have a reasonable relationship to the event, condition or other matter that is the basis for such Availability Reserve or such change and (iii) no event, condition or matter existing or arising prior to or on the Closing Date shall be the basis for any reserve unless such event, condition or matter shall have changed since such time in a manner that is materially adverse to the Lenders. Notwithstanding clause (i) of the preceding sentence, changes to the Availability Reserves solely for purposes of correcting mathematical or clerical errors shall not be subject to such notice period, it being understood that no Default or Event of Default shall be deemed to result therefrom, if applicable, for a period of three (3) Business Days.

  • Excess Availability means, as of any date of determination, the amount equal to Availability minus the aggregate amount, if any, of all trade payables of Borrower and its Subsidiaries aged in excess of historical levels with respect thereto and all book overdrafts of Borrower and its Subsidiaries in excess of historical practices with respect thereto, in each case as determined by Agent in its Permitted Discretion.

  • Borrowing Base Utilization Percentage means, as of any day, the fraction expressed as a percentage, the numerator of which is the sum of the Revolving Credit Exposures of the Lenders on such day, and the denominator of which is the Borrowing Base in effect on such day.

  • Permitted Amount means, on any date, an amount equal to 3.5 times Adjusted EBITDA as of the most recent fiscal quarter for which financial statements of the Company are internally available immediately preceding such date.

  • Average Excess Availability means, with respect to any period, the sum of the aggregate amount of Excess Availability for each Business Day in such period (calculated as of the end of each respective Business Day) divided by the number of Business Days in such period.

  • Required Capital Amount has the meaning set forth in Section 5(e) of this Supplement.

  • Committed Capacity means that portion of the Capacity that is required to meet the Capacity Entitlements of Access Holders;

  • Required Capital Level means an amount of capital equal to 0.5% of the initial principal amount of the Securitization Bonds.

  • Incremental Available Transfer Capability Revenue Rights means the rights to revenues that are derived from incremental Available Transfer Capability created by the addition of Merchant Transmission Facilities or of one of more Customer-Funded Upgrades.

  • Permitted Payment as defined in Subsection 8.2(b).

  • Excess Available Funds Percentage means, with respect to any Transfer Date, the amount, if any, by which the Portfolio Yield for the preceding Monthly Period exceeds the Base Rate for such Monthly Period.