Common use of Maximum Capital Expenditures Clause in Contracts

Maximum Capital Expenditures. Borrower 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: Period Maximum Capital Expenditures per Period Fiscal Year ending on or about March 31, 2007 $ 7,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,000

Maximum Capital Expenditures. The Borrower and its Subsidiaries on a consolidated basis shall not make any Capital Expenditures, individually or in the aggregate, in excess of $22,500,000 for the fiscal year of the Borrower ending 12/29/01. The Borrower shall not make aggregate Capital Expenditures during for the following periods that exceed fiscal year ending 12/28/02 in excess of $10,000,000. In addition, for the fiscal year ending 12/28/02, the amount of Borrower's aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period Fiscal Year ending on or about March 31, 2007 $ 7,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,000less net proceeds of asset dispositions (excluding sales of inventory) shall not exceed $7,000,000.

Maximum Capital Expenditures. Borrower 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: Period Maximum Capital Expenditures per Period Fiscal Year ending on or about March 31, 2007 $ 7,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 2006 and each Fiscal Year ending thereafter $ 3,000,0005,000,000 (b) [Intentionally Deleted]

Maximum Capital Expenditures. The Borrower and its Subsidiaries on a consolidated basis shall will not make permit the amount of Capital Expenditures during in any four consecutive fiscal quarter period ending with any fiscal quarter set forth below to be more than the following periods that exceed in the aggregate the amounts amount set forth opposite each of such periodsfiscal quarter end below: Period Maximum Capital Expenditures per Period Fiscal Year ending on or about June 30, 2020 $40,000,000 September 30, 2020 $40,000,000 December 31, 2020 $30,000,000 March 31, 2007 $ 7,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,0002021 $30,000,000

Maximum Capital Expenditures. Borrower 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: Period Maximum Capital Expenditures Period per Period ------ ---------- January 1, 2000 to June 30, 2000 $1,500,000 January 1, 2000 to December 31, 2000 $3,000,000 January 1, 2001 to December 31, 2001 and each $3,500,000 Fiscal Year ending on or about March 31, 2007 $ 7,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,000thereafter

Maximum Capital Expenditures. Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during (i) in the following periods Fiscal Year commencing January 1, 2007 that exceed in the aggregate $16,000,000 and (ii) in any other Fiscal Year (commencing with the amounts set forth opposite each of fiscal year beginning on January 1, 2008) that exceed in the aggregate $12,500,000 for such periods: Period Maximum Fiscal Year; provided that any Longwall Expansion Expenditures shall not be deemed to be Capital Expenditures per Period Fiscal Year ending on or about March 31, 2007 $ 7,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,000for purposes of this definition.

Maximum Capital Expenditures. Borrower Borrowers and its their 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: Period Maximum Capital Expenditures per Period ------ --------------------------------------- Fiscal Year ending on or about March 31, 2007 $ 7,900,000 2001 8,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 2002 7,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,0002003 11,000,000

Maximum Capital Expenditures. Borrower 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: Period Maximum Capital Expenditures per Period Fiscal Year ending on or about March 31, 2007 $ 7,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 11,300,000 Fiscal Year ending on or about March 31, 2009 $3,500,000 plus an amount equal to an amount of Capital Expenditures not to exceed $1,000,000 incurred in connection with the installation of the ERP computer system during such Fiscal Year Fiscal Year ending on or about March 31, 2010 and each Fiscal Year ending thereafter thereafter” $ 3,000,0003,500,000

Maximum Capital Expenditures. Borrower and its Subsidiaries The Parent 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: Period Maximum Capital Period Expenditures per Period For the Fiscal Year ending on or about March 31, 2007 $ 7,900,000 1997 $9,500,000 For the Fiscal Year ending on or about March 31, 2008 $ 9,500,000 1998 12,000,000 For the Fiscal Year ending on or about March 31, 2009 1999 10,000,000 and each Fiscal Year ending thereafter $ 3,000,000G-1 121

Maximum Capital Expenditures. Borrower Borrowers and its their 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: Period Maximum Capital Expenditures per Period ------ --------------------------------------- Fiscal Year ending on or about March 31, 2007 $ 7,900,000 2001 $3,500,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 2002 $3,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,0002003 $3,500,000

Maximum Capital Expenditures. Borrower Borrowers and its their Subsidiaries on a consolidated basis shall not make Capital Expenditures during in excess of the following periods that exceed in the aggregate the amounts set forth opposite for each of such periodsthe following Fiscal Years on a non-cumulative basis: Period Maximum Capital Expenditures per Period Fiscal Year ending on or about March 31, 2007 Amount ----------- ---------- 1999 $ 7,900,000 500,000 2000 $ 750,000 2001 and each $1,000,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,000thereafter

Maximum Capital Expenditures. Borrower 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: Period Maximum Capital Expenditures per Period Fiscal Year ending on or about March 31, 2007 $ 7,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 $11,300,000 Fiscal Year ending on or about March 31, 2009 $3,500,000 plus an amount equal to an amount of Capital Expenditures not to exceed $1,000,000 incurred in connection with the installation of the ERP computer system during such Fiscal Year Fiscal Year ending on or about March 31, 2010 and each Fiscal Year ending thereafter $ 3,000,000thereafter” $3,500,000

Maximum Capital Expenditures. Borrower 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: Period Maximum Capital Expenditures per Period Fiscal Year Quarter ending on or about March 31, 2007 $ 7,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 2009 $500,000 Fiscal Year ending on or about March 31, 2009 $3,500,000 plus an amount equal to an amount of Capital Expenditures not to exceed $1,000,000 incurred in connection with the installation of the ERP computer system during such Fiscal Year Fiscal Year ending on or about March 31, 2010 and each Fiscal Year ending thereafter $ 3,000,000thereafter.” $2,000,000

Maximum Capital Expenditures. Borrower 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: Period Maximum Fiscal Year Ending Capital Expenditures per Period Fiscal Year ending on or about March ------------------ -------------------- December 31, 2007 $ 7,900,000 Fiscal Year ending on or about March 1999 $4,900,000 December 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 312000, 2009 and each Fiscal Year ending thereafter $ $3,000,000

Maximum Capital Expenditures. Borrower 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: Period Maximum Capital Expenditures per Period ------ --------------------------------------- Seven month period commencing June 1, 2001 and ending on December 31, 2001 $9,000,000 Fiscal Year 2002 $8,000,000 Fiscal Year 2003 $8,000,000 Six-month period commencing January 1, 2004 and ending on or about March 31June 30, 2007 $ 7,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,0002004 $5,000,000

Maximum Capital Expenditures. Borrower Details 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: Period Maximum Capital Expenditures per Period ------ ---------------------------- Fiscal Year ending on or about March 31, 2007 $ 7,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 12/31/07 and each Fiscal Year ending thereafter $ 3,000,000$13,000,000

Maximum Capital Expenditures. Borrower Holdings and its Subsidiaries on a consolidated basis shall not make any Capital Expenditures in any Fiscal Quarter if the amount of such Capital Expenditures during the following periods that immediately preceding four Fiscal Quarters, including the Fiscal Quarter then ending, would exceed in the aggregate the maximum amounts set forth opposite each of below for such periodsperiod: Period Maximum Capital Expenditures per Period Fiscal Year ending on or about March 31, 2007 2004 $ 7,900,000 Fiscal Year ending on or about 4,500,000 June 30, 2004 $ 4,500,000 September 30, 2004 $ 5,000,000 December 31, 2004 $ 5,000,000 March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 2004 and each Fiscal Year ending Quarter ended thereafter $ 3,000,0005,500,000

Maximum Capital Expenditures. Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed (i) in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period Fiscal Year ending on or about March December 31, 2007 $ 7,900,000 2005, in an aggregate amount in excess of $8,000,000, and (ii) in any other Fiscal Year ending on or about March 31Year, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ in an aggregate amount in excess of $3,000,000.

Maximum Capital Expenditures. Borrower 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: Period Maximum Capital Expenditures Period per Period ------ ---------------------------- Fiscal Year ending on or about March 31, 2007 $ 7,900,000 2004 $2,500,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 2005 and each Fiscal Year ending thereafter $ 3,000,000$2,000,000

Maximum Capital Expenditures. Borrower 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: Period Maximum Capital Expenditures per Period For the Fiscal Year ending on or about March December 31, 2005 $ 400,000 For the Fiscal Year ending December 31, 2006 $ 600,000 For the Fiscal Year ending December 31, 2007 $ 7,900,000 1,000,000 For the two Fiscal Year Quarters ending on or about March 31June 30, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,000500,000

Maximum Capital Expenditures. Borrower 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: Period Maximum Capital Expenditures per Period ------ --------------------------------------- Fiscal Year ending on or about March December 31, 2007 $ 7,900,000 2000 $7,000,000 Fiscal Year ending on or about March December 31, 2008 $ 9,500,000 2001 $7,000,000 Fiscal Year ending on or about March December 31, 2009 and each 2002 $7,000,000 Fiscal Year ending December 31, 2003 $8,000,000 Fiscal Year ending December 31, 2004 $8,000,000 Each Fiscal Year thereafter $ 3,000,000$8,000,000

Maximum Capital Expenditures. The Borrower and its Subsidiaries on a consolidated basis Affiliated Group shall not make Capital Expenditures during in an aggregate amount exceeding (i) the sum of $65,000,000 in the fiscal year ending January 31, 2004, and (ii) the sum of $60,000,000 in each of the fiscal years ending January 29, 2005 and January 28, 2006; provided, however, that up to $5,000,000 of Capital Expenditures permitted to be expended in any one fiscal year that are not expended in such fiscal year may be carried over for expenditure in the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period Fiscal Year ending on or about March 31, 2007 $ 7,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,000fiscal year."

Maximum Capital Expenditures. Borrower 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, unless otherwise agreed to in writing by Lender: Period Maximum Capital Expenditures per Period Fiscal Year ending on or about March 31, 2007 1/31/98 $ 7,900,000 145,000 Fiscal Year ending on or about March 31, 2008 1/30/99 $ 9,500,000 400,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,0001/29/00 $1,100,000

Maximum Capital Expenditures. Capital Expenditures made or incurred by the Borrower and its Subsidiaries on a consolidated basis basis, shall not make exceed $700,000 for each of the Borrower's fiscal years ending June 30, 2000 and June 30, 200j, respectively. Thereafter, Capital Expenditures during shall not exceed $725,000 for any fiscal tear of the following periods that exceed in Borrower beginning with the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period Fiscal Year fiscal year ending on or about March 31June 30, 2007 $ 7,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,0002002.

Maximum Capital Expenditures. Commencing with Fiscal Year 2006, Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures (other than Capital Expenditures made by the Borrower that are financed entirely with the proceeds of CapEx Loans) during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per ------ Period ------ Fiscal Year ending on or about March 31, 2007 $ 7,900,000 2006 $45,000,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 2007 $50,000,000 Each Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,000$40,000,000

Maximum Capital Expenditures. Borrower Borrowers and its their 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: Period Maximum Capital Expenditures per Period Each Fiscal Year commencing with the Fiscal Year ending on or about $6,000,000 March 31, 2007 $ 7,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,0002000.

Maximum Capital Expenditures. Borrower Holdings and its Subsidiaries on a consolidated basis shall not make any Capital Expenditures in any Fiscal Quarter if the amount of such Capital Expenditures during the following periods that immediately preceding four Fiscal Quarters, including the Fiscal Quarter then ending, would exceed in the aggregate the maximum amounts set forth opposite each of below for such periodsperiod: Period Maximum Capital Expenditures per Period Fiscal Year ending on or about March 31, 2007 2004 $ 7,900,000 Fiscal Year ending on or about March 314,500,000 June 30, 2008 2004 $ 9,500,000 Fiscal Year ending on or about March 315,500,000 September 30, 2009 2004 and each Fiscal Year ending Quarter ended thereafter $ 3,000,0006,500,000

Maximum Capital Expenditures. Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed (i) $6,000,000 in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period in any Fiscal Year ending on or about March prior to December 31, 2007 $ 7,900,000 2004, and (ii) $3,000,000 in the aggregate in the Fiscal Year ending on or about March December 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,0002005."

Maximum Capital Expenditures. Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during as at the following periods end of each Fiscal Quarter set forth below that exceed in the aggregate the amounts set forth opposite each of such periodsFiscal Quarter: Period Maximum Capital Expenditures per Period Fiscal Year ending on or about March January 31, 2007 $ 7,900,000 Fiscal Year ending on or about March 15,000 April 30, 2007 $ 30,000 July 31, 2007 $ 45,000 October 31, 2007 $ 60,000 January 31, 2008 $ 9,500,000 and for all Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending Quarters thereafter $ 3,000,00060,000

Maximum Capital Expenditures. Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures no capital expenditures in excess of the following amounts during the following periods that exceed in the aggregate the amounts set forth opposite each of such periodsfiscal years: Period Maximum Capital Expenditures per Period Fiscal Year ending on or about March 31End Amount April 30, 2005 $ 10,000,000 April 30, 2006 $ 14,000,000 April 30, 2007 $ 7,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,00014,000,000

Maximum Capital Expenditures. Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during any Fiscal Year in excess of (i) for each Fiscal Year other than the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period Fiscal Year ending on or about March 31, 2007 $ 7,900,000 2003, $1,000,000 in the aggregate and (ii) for the Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 312003, 2009 and each Fiscal Year ending thereafter $ 3,000,000$1,100,000 in the aggregate."