Maximum Capital Expenditures Sample Clauses

Maximum Capital Expenditures. (a) The aggregate Capital Expenditures of Parent, EnergySolutions and their respective Subsidiaries on a consolidated basis in any fiscal year shall not be greater than the amount set forth below in respect of such fiscal year 2010 $ 40,000,000 2011 $ 40,000,000 2012 $ 40,000,000 2013 $ 40,000,000 2014 $ 40,000,000 2015 $ 40,000,000 2016 $ 40,000,000 However, to the extent the aggregate Capital Expenditures of Parent, EnergySolutions and their respective Subsidiaries on a consolidated basis in any one fiscal year (ending on or after December 31, 2011) are less than the maximum amount permitted pursuant to this Section 7.15, then EnergySolutions and its Subsidiaries on a consolidated basis may expend an additional amount on Capital Expenditures in a subsequent fiscal year equal to the amount of the lesser of the shortfall from such fiscal year and 50% of the amount permitted for Capital Expenditures in the prior fiscal year; provided, however, that Capital Expenditures in any fiscal year shall first be deemed to utilize the full amount set forth in the table above for such fiscal year before being applied to any such carryover amount and in no circumstance may any shortfall be carried forward from more than one fiscal year at any time. (b) Parent, EnergySolutions and their respective Subsidiaries can make Capital Expenditures at any time in excess of the amounts otherwise permitted by Section 7.15(a) so long as the amount of any such Capital Expenditure at the time when made does not exceed the Available Excess Cash Flow immediately prior to such time and Available Excess Cash Flow is reduced by the amount of such Capital Expenditure when it is made.

Maximum Capital Expenditures. The Borrower shall not, and shall not permit its Subsidiaries to, make or incur Capital Expenditures, in an aggregate amount for the Borrower and its Subsidiaries in excess of $1,600,000 in any fiscal year.

Maximum Capital Expenditures. Make or commit to make, or allow any of its Subsidiaries to make or commit to make, Capital Expenditures exceeding, in the aggregate for each Fiscal Year until the Termination Date, the greater of (A) EBITDA for such Fiscal Year, less the sum of (I) cash interest expense for such Fiscal Year, plus (II) amounts paid under Section 2.03 and all principal payments under the GECC Capital Lease and the NTFC Capital Lease (a) during Fiscal Year 2002 (for purposes of calculating the maximum Capital Expenditures for Fiscal Year 2003) or (b) during Fiscal Year 2004 or the applicable Fiscal Year thereafter (for purposes of calculating the maximum Capital Expenditures for Fiscal Year 2004 or the applicable succeeding Fiscal Year, as the case may be), or (B) $10,000,000 for Fiscal Year 2003 and $15,000,000 for each Fiscal Year thereafter. For purposes of calculating maximum Capital Expenditures, the amount calculated in item (II) above shall be deemed not to have exceeded $20,000,000 for Fiscal Year 2004 and shall be deemed not to have exceeded $30,000,000 for Fiscal Year 2005. Compliance with this Section 5.02(q)(i) shall be measured at the end of each Fiscal Year, commencing with Fiscal Year 2003. To the extent the Borrower’s actual Capital Expenditures for any Fiscal Year are less than the maximum Capital Expenditures for such Fiscal Year computed as aforesaid, the Borrower may increase Capital Expenditures for the subsequent Fiscal Year by an amount equal to the amount by which such maximum Capital Expenditures exceed such actual Capital Expenditures, but not by an amount which exceeds $5,000,000. For the purposes of this Section 5.02(q)(i) only, Capital Expenditures shall not include the Contingent Payments and any payment made in respect of that certain litigation arising from or in relating in any way to the use of rights of way granted to the Borrower by Mississippi Power Company; provided, that, to the extent that payment made in respect of such litigation is equal to or greater than $5,000,000, the Borrower shall deliver to the Agent prior to the payment thereof, a statement that the Borrower will have not less than $11,500,000 in cash and Cash Equivalents (excluding any insurance proceeds deposited with the Collateral Agent as described in clause (C) of the proviso in the definition of “Extraordinary Receipts”) after making such payment, certified by the Chief Financial Officer of the Parent.

Maximum Capital Expenditures. Section 8.2.22 of the Credit Agreement shall be amended and restated as follows:

Maximum Capital Expenditures. Holdings and its Subsidiaries on a consolidated basis shall not make Capital Expenditures that exceed $3,000,000 in the aggregate in any Fiscal Year.

Maximum Capital Expenditures. The Parent and the Borrower will, and will cause each Consolidated Subsidiary to, not make Capital Expenditures on a consolidated basis that exceed $30,000,000 in any fiscal year (the “Base Capital Expenditure Amount”). Notwithstanding anything to the contrary, the Base Capital Expenditure Amount shall be increased by the following amounts: (i) to the extent that the aggregate amount of Capital Expenditures made by the Parent and its Consolidated Subsidiaries in any fiscal year is less than the Base Capital Expenditure Amount, the amount of such difference may be carried forward and used to make Capital Expenditures in succeeding fiscal years, provided that in any fiscal year, the amount permitted to be applied to make Capital Expenditures pursuant to this clause (i) shall in no event exceed an amount equal to 75% of the unused portion of the Base Capital Expenditure Amount for such fiscal year (without giving effect to any prior adjustments), (ii) if no Default or Event of Default has occurred and is continuing, or would result after giving effect thereto, the Parent and its Consolidated Subsidiaries may make additional Capital Expenditures to the extent that the amount of such excess is deducted from the Base Capital Expenditure Amount in succeeding fiscal years, provided that in any fiscal year, the amount permitted to be applied to make Capital Expenditures pursuant to this clause (ii) shall in no event exceed an amount equal to 25% of the Base Capital Expenditure Amount (without giving effect to any prior adjustments) and (iii) the Base Capital Expenditure Amount shall exclude any Capital Expenditures that are funded with the Available Credits; provided that, at the time of such Capital Expenditures, the Borrower shall deliver a certificate of a Financial Officer stating the portion of Capital Expenditures that is being made from the Available Credit, and setting forth a calculation of the Available Credit immediately before and immediately after such Capital Expenditures.

Maximum Capital Expenditures. Holdings and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Fiscal Year 2003; $ 18,000,000 Fiscal Year 2004; $ 17,000,000 Fiscal Year 2005; $ 17,000,000 Fiscal Year 2006; $ 18,000,000 Fiscal Year 2007; $ 18,000,000 Fiscal Year 2008; $ 18,000,000 ; provided, however, that the amount of permitted Capital Expenditures referenced above will be increased in any period by the positive amount equal to the lesser of (i) 50% of the amount of permitted Capital Expenditures for the immediately prior period, and (ii) the amount (if any), equal to the difference obtained by taking the Capital Expenditures limit specified above for the immediately prior period minus the actual amount of any Capital Expenditures expended during such prior period (the “Carry Over Amount”), and for purposes of measuring compliance herewith, the Carry Over Amount shall be deemed to be the last amount spent on Capital Expenditures in that succeeding year; provided, further, that the amount of Capital Expenditures for Fiscal Year 2003 and Fiscal Year 2004 shall not include up to $5,500,000 of Capital Expenditures made in connection with the expansion of the real property located in Denton, Texas to the extent financed with a Capital Lease.

Maximum Capital Expenditures. (a) The Borrower shall not, and shall not permit its Restricted Subsidiaries to, make or incur any Capital Expenditure except for Capital Expenditures not exceeding $300,000,000 in any Fiscal Year, as such amount may be adjusted as provided in Section 6.02(b) below (such amount, the “Permitted Capital Expenditure Amount”). (b) Notwithstanding anything to the contrary contained in this Section 6.02, to the extent that the aggregate amount of Capital Expenditures made by the Borrower and its Restricted Subsidiaries in any Fiscal Year pursuant to Section 6.02(a) is less than the Permitted Capital Expenditure Amount permitted by Section 6.02(a) with respect to such Fiscal Year, 100% of the amount of such difference may be carried forward and used to make Capital Expenditures in the immediately succeeding Fiscal Year (but not any other years) with such amount being carried forward to be applied before the Permitted Capital Expenditure Amount permitted by Section 6.02(a) for such immediately succeeding Fiscal Year is applied.

Maximum Capital Expenditures. (a) The aggregate amount of capital expenditures made or committed to be made to date in the current fiscal year is $ . (b) The aggregate amount set forth above [is/is not] less than or equal to the amount set forth in Section 7.20(b)(i) of the Loan Agreement for the corresponding period. QuickLinks