Common use of Certain Reserves Clause in Contracts

Certain Reserves. The Agent may in its reasonable discretion establish reserves for, INTER ALIA, inadequate payments by the Borrowers of tobacco taxes and sales taxes, such reserves being in addition to any reserves established by the Agent within clause (b)(D) of the definition of Revolving Borrowing Capacity. (h) Section 8.13(a) (Cash Capital Expenditures) of the Loan Agreement is hereby amended by deleting the information set forth under the headings "FISCAL YEAR" and "AMOUNTS" and replacing such information with the following: "FISCAL YEAR AMOUNTS ----------- ------- 2004 $17,000,000 2005 $17,000,000 2006 $22,000,000 (i) Section 8.13(e) (Cash Capital Expenditures) of the Loan Agreement is hereby amended to insert the following before the ".": "provided, that notwithstanding the foregoing, the Borrowers shall not make, based solely upon Carryover Cash Capex from Fiscal Year 2003, Cash Capital Expenditures in Fiscal Year 2004 or any subsequent Fiscal Year". (j) Section 8.14 (Consolidated EBITDA) of the Loan Agreement is hereby amended by(x) deleting the information set forth under the headings "FISCAL QUARTER" and "AMOUNTS" and replacing it with the following: "FISCAL QUARTER AMOUNTS ------- ------- Fiscal Year 2004 Q1 $64,000,000 Fiscal Year 2004 Q2 $54,000,000 Fiscal Year 2004 Q3 $55,000,000 Fiscal Year 2004 Q4 $57,000,000 Fiscal Year 2005 Q1 $62,000,000 Fiscal Year 2005 Q2 $68,000,000 Fiscal Year 2005 Q3 $78,000,000 Fiscal Year 2005 Q4 $90,000,000 Fiscal Year 2006 Q1 $95,000,000 Fiscal Year 2006 Q2 $99,000,000 Fiscal Year 2006 Q3 $103,000,000 Fiscal Year 2006 Q4 $108,000,000 Fiscal Year 2007 Q1 $111,000,000 Fiscal Year 2007 Q2 $114,000,000"