Unfinanced CAPEX definition

Unfinanced CAPEX means, for any period, Capital Expenditures less new long-term Indebtedness issued during such period to fund the Capital Expenditures.
Sample 1Sample 2Sample 3
Unfinanced CAPEX means, with respect to any Fiscal Period, Borrower’s capital expenditures for that Fiscal Period that were paid by Borrower or a Subsidiary from cash flow and not through financing.
Sample 1Sample 2Sample 3
Unfinanced CAPEX means for any period the portion of the following, calculated on a Consolidated basis, (a) the aggregate Capital Expenditures by the Company and its Restricted Subsidiaries during such period, less (b) the aggregate proceeds received by the Company and its Restricted Subsidiaries from the sale or other disposition (including trade-in credit) of capital assets during such period, less (c) all Indebtedness incurred by the Company and its Restricted Subsidiaries to finance Capital Expenditures (including Loans under the Agreement, but only if the proceeds thereof are used to acquire Revenue Equipment Collateral); provided, that, Unfinanced Capex shall not be less than zero dollars ($0) for the Measurement Period.
Sample 1Sample 2

Examples of Unfinanced CAPEX in a sentence

  • Maintain on a Quarterly Basis (unless otherwise specified): Minimum Recurring Revenue * $ _______ Yes No Maximum Unfinanced CAPEX ** $ _______ Yes No Minimum Adjusted EBITDA *** $ _______ Yes No * As set forth in Section 6.7(a) of the Agreement.

  • The Borrower and Corporate Guarantors on a combined basis shall not permit the ratio of its EBITDA, minus taxes paid in cash, Distributions, shareholder advances, increases in intercompany or affiliated company receivables and Unfinanced CAPEX, to Interest Expense plus CMLTD, to be less than (i) 1.0 to 1.0 at June 30, 2008; (ii) 1.1 to 1.0 at September 30, 2008 and (iii) 1.2 to 1.0 at December 31, 2008 and thereafter for the 4 consecutive fiscal quarters ending at the end of each fiscal quarter.

  • The Borrower shall not permit the ratio of its EBITDA, minus taxes paid in cash, Distributions and Unfinanced CAPEX, to Interest Expense plus CMLTD, to be less than 1.15 to 1.0 for any fiscal year for the 4 consecutive fiscal quarters ending at the end of each fiscal quarter.

  • The Combined Borrower's shall not permit the ratio of its EBITDA, minus taxes paid in cash, Distributions and Unfinanced CAPEX, to Interest Expense plus CMLTD, to be less than 1.25 to 1.00, for any fiscal quarter.

  • Maintain on a Quarterly Basis (unless otherwise specified): Minimum Recurring Revenue * $_______ Yes No Maximum Unfinanced CAPEX * * $_______ Yes No Minimum Adjusted EBITDA * ** $_______ Yes No * As set forth in Section 6.7(a) of the Agreement.

  • As of the end of each fiscal quarter, commencing with the fiscal quarter ending September 30, 2013, maintain its Fixed Charge Coverage Ratio at not less than 1.25:1.00; provided, however, that for the fiscal quarter ending June 30, 2014, no amount of Unfinanced CAPEX will be taken into account in calculating the Fixed Charge Coverage Ratio.

  • The Borrower shall not permit the ratio of its EBITDA, minus taxes paid in cash(including any tax payments to its affiliates), minus Dividends and Distributions and Unfinanced CAPEX, minus loans and advances to any related individuals, partnership, corporation, limited liability company, trust or other organization or person plus non cash stock based compensations which are converted to capital, to Interest Expense plus CMLTD, to be less than 1.15 to 1.0, tested annually beginning December 31, 2017.

  • Maintain on a Quarterly Basis (unless otherwise specified): Minimum Recurring Revenue * $_______ Yes No Maximum Net Unfinanced CAPEX * * $_______ Yes No Minimum Adjusted EBITDA * ** $_______ Yes No * As set forth in Section 6.7(a) of the Agreement.

  • Some legal systems argue that liability for pure economic loss can only be held on contractual basis, while other systems argue that such liability can also be held on a non- contractual basis.


More Definitions of Unfinanced CAPEX

Unfinanced CAPEX means, for any period, Capital Expenditures for such period paid in cash excluding (a) Capital Expenditures paid with proceeds of Indebtedness for money borrowed (except for the Loans) incurred to finance such Capital Expenditures, (b) Capital Expenditures financed by Indebtedness of the kind referred to in clause (f) of the definition of “Indebtedness” with respect to capital leases and (c) Capital Expenditures for the Bedford Facility.
Sample 1Sample 2
Unfinanced CAPEX means Capital Expenditures minus new long term Indebtedness issued during the applicable period plus the aggregate amount of all long-term Indebtedness prepaid during such period.
Sample 1
Unfinanced CAPEX means, for any period, Capital Expenditures less new long-term Indebtedness issued during such period to fund the Capital Expenditures. EBITDA (after Taxes, Distributions and Unfinanced CAPEX) to Interest Expense plus CMLTD. The Borrower shall not permit the ratio of its EBITDA, minus taxes paid in cash(including any tax payments to its affiliates), minus Dividends and Distributions and Unfinanced CAPEX, minus loans and advances to any related individuals, partnership, corporation, limited liability company, trust or other organization or person plus non cash stock based compensations which are converted to capital, to Interest Expense plus CMLTD, to be less than 1.15 to 1.0, tested every quarter on a rolling four quarter basis commencing with the quarter ending June 30, 2015.
Sample 1
Unfinanced CAPEX means for any period the sum of Capital Expenditures net of the amount of such Capital Expenditures financed by (i) the principal portion of term or capital lease indebtedness, or (ii) purchase money indebtedness permitted by this Agreement or approved by the Bank in writing prior to the incurrence thereof.
Sample 1
Unfinanced CAPEX means, for any period, Capital Expenditures less new long-term Indebtedness issued during such period to fund the Capital Expenditures. Uniform Commercial Code (“UCC”) means the Uniform Commercial Code as in effect in Massachusetts (Massachusetts General Laws, Chapter 106, §§1-101, et seq.).
Sample 1
Unfinanced CAPEX means, for any period of determination, Borrower’s Capital Expenditures not made with the proceeds of borrowings or other indebtedness.
Sample 1

Related to Unfinanced CAPEX

  • 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).

  • 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).

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

  • 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.

  • 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.

  • 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.

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

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

  • 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.

  • 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.

  • 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.

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

  • Unrecovered Capital means at any time, with respect to a Unit, the Initial Unit Price less the sum of all distributions constituting Capital Surplus theretofore made in respect of an Initial Common Unit and any distributions of cash (or the Net Agreed Value of any distributions in kind) in connection with the dissolution and liquidation of the Partnership theretofore made in respect of an Initial Common Unit, adjusted as the General Partner determines to be appropriate to give effect to any distribution, subdivision or combination of such Units.

  • 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.

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

  • Consolidated Capital means the sum of (i) Consolidated Debt of the Borrower and (ii) the consolidated equity of all classes of stock (whether common, preferred, mandatorily convertible preferred or preference) of the Borrower, in each case determined in accordance with GAAP, but including Equity-Preferred Securities issued by the Borrower and its Consolidated Subsidiaries and excluding the funded pension and other postretirement benefit plans, net of tax, components of accumulated other comprehensive income (loss).

  • Borrowing Availability means as of any date of determination the Maximum Amount less the sum of (i) the Revolving Loan and Swing Line Loan then outstanding and (ii) the Reserves as then in effect.

  • 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.

  • CAPEX means Capital Expenditure for the Project;

  • Undrawn Availability at a particular date shall mean an amount equal to (a) the lesser of (i) the Formula Amount, or (ii) the Maximum Revolving Advance Amount, minus the Maximum Undrawn Amount of all Letters of Credit, minus (b) the sum of (i) the outstanding amount of Revolving Advances, plus (ii) amounts due and owing to any Borrower’s trade creditors which are outstanding sixty (60) days or more past the due date thereof.

  • Maximum Availability means, as of any date of determination, the difference of (i) the Facility Amount minus (ii) the balance of all unfunded Advances approved but not yet funded minus (iii) the Aggregate Unfunded Amount plus (iv) all amounts on deposit in the Unfunded Exposure Account, each as of such date of determination.

  • Quarterly Average Excess Availability means, at any time, the daily average of the Excess Availability for the immediately preceding fiscal quarter as calculated by Agent in good faith.

  • Average Availability means, with respect to any period, the sum of the aggregate amount of 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.

  • System Availability for each System is calculated as follows:

  • Excess Overcollateralization Amount With respect to any Distribution Date, the excess, if any, of (a) the Overcollateralization Amount on such Distribution Date over (b) the Required Overcollateralization Amount for such Distribution Date.

  • Revolving Availability means Class A Revolving Availability or Class B Revolving Availability, as applicable.