Common use of Maximum Consolidated Capital Expenditures Clause in Contracts

Maximum Consolidated Capital Expenditures. Consolidated Capital Expenditures during the twelve month period ending as of the last day of each fiscal quarter during the periods set forth below shall not exceed the lesser of (i) 3.0% of the aggregate revenues of the Borrower and its Subsidiaries for such twelve month period and (ii) the amount set forth below corresponding to such fiscal quarter: The amount of permitted Consolidated Capital Expenditures referenced above will be increased in any period by the positive amount equal to the lesser of (A) ten percent (10%) of the amount of permitted Consolidated Capital Expenditures for the immediately prior period and (B) the amount (if any) equal to the difference obtained by taking the Consolidated Capital Expenditures limit specified above for the immediately prior period minus the actual amount of any Consolidated Capital Expenditures expended during such prior period (the “Carry Over Amount”); provided that, (x) a Carry Over Amount may only be carried forward to, and utilized in, the next period and (y) for purposes of measuring compliance with this Section 5.9(c) during any period, the Consolidated Capital Expenditures made during such period shall first be counted against the applicable limitation for such period set forth above and then be counted against any Carry Over Amount that may be utilized during such period.

Maximum Consolidated Capital Expenditures. Holdings’ Domestic Subsidiaries shall not, and shall not permit their Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal Quarter or Fiscal Year, as applicable, indicated below, in an aggregate amount for all of its Subsidiaries in excess of the corresponding amount set forth below opposite such Fiscal Quarter or Fiscal Year, as applicable: Fiscal Quarter ending March 31, 2008 $ 1,206,300 Fiscal Quarter ending June 30, 2008 $ 2,420,000 Fiscal Quarter ending September 30, 2008 $ 807,800 Fiscal Quarter ending December 31, 2008 $ 447,000 Fiscal Year 2009 $ 7,000,000 Fiscal Year 2010 $ 7,000,000 Fiscal Year 2011 $ 7,000,000 Fiscal Year 2012 $ 7,000,000 Anything to the foregoing notwithstanding, (i) commencing with Fiscal Year 2009, in the event that the amount of Consolidated Capital Expenditures during the twelve month permitted to be made by Holdings’ Domestic Subsidiaries and their Subsidiaries pursuant to hereto in any period ending as of the last day of each fiscal quarter during the periods set forth below shall not exceed the lesser of (before giving effect to any increase in such permitted expenditure amount pursuant to this clause (i)) 3.0is greater than the amount of such Consolidated Capital Expenditures actually made by Holdings’ Domestic Subsidiaries and their Subsidiaries during such fiscal year, such excess may be carried forward and utilized to make Consolidated Capital Expenditures in the succeeding year in an aggregate amount equal to 50% of the aggregate revenues of the Borrower and its Subsidiaries for such twelve month period excess amount, and (ii) the amount set forth below corresponding to such fiscal quarter: The amount of permitted Consolidated Capital Expenditures referenced above will be increased in any period by the positive amount equal to the lesser of (A) ten percent (10%) of the amount of permitted Consolidated Capital Expenditures for the immediately prior period and (B) the amount (if any) equal to the difference obtained by taking the Consolidated Capital Expenditures limit specified above for the immediately prior period minus the actual amount of any Consolidated Capital Expenditures expended during such prior period (the “Carry Over Amount”); provided that, (x) a Carry Over Amount may only be carried forward to, and utilized in, the next period and (y) for purposes of measuring compliance with this Section 5.9(c) during any period, the Consolidated Capital Expenditures made pursuant to this Section 6.7(j) during such period any fiscal year shall first be counted against the applicable limitation deemed made first, in respect of amounts permitted for such period set forth fiscal year as provided above (without giving effect to amounts carried over from any prior fiscal year pursuant to clause (i) above) and then be counted against second, in respect of the excess amount carried over from any Carry Over Amount that may be utilized during such periodprior fiscal year pursuant to clause (i) above.

Maximum Consolidated Capital Expenditures. Holdings shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal Year indicated below, in an aggregate amount for all of its Subsidiaries in excess of the corresponding amount set forth below opposite such Fiscal Year: Fiscal Year 2008 $ 9,000,000 Fiscal Year 2009 $ 9,000,000 Fiscal Year 2010 $ 9,000,000 Fiscal Year 2011 $ 9,000,000 Fiscal Year 2012 $ 9,000,000 Anything to the foregoing notwithstanding, (i) commencing with Fiscal Year 2009, in the event that the amount of Consolidated Capital Expenditures during the twelve month period ending as of the last day of each fiscal quarter during the periods set forth below shall not exceed the lesser of (i) 3.0% of the aggregate revenues of the Borrower permitted to be made by Holdings and its Subsidiaries for pursuant to hereto in any period (before giving effect to any increase in such twelve month period permitted expenditure amount pursuant to this clause (i)) is greater than the amount of such Consolidated Capital Expenditures actually made by Holdings and its Subsidiaries during such fiscal year, such excess may be carried forward and utilized to make Consolidated Capital Expenditures in the succeeding year in an aggregate amount equal to 50% of such excess amount, and (ii) the amount set forth below corresponding to such fiscal quarter: The amount of permitted Consolidated Capital Expenditures referenced above will be increased in any period by the positive amount equal to the lesser of (A) ten percent (10%) of the amount of permitted Consolidated Capital Expenditures for the immediately prior period and (B) the amount (if any) equal to the difference obtained by taking the Consolidated Capital Expenditures limit specified above for the immediately prior period minus the actual amount of any Consolidated Capital Expenditures expended during such prior period (the “Carry Over Amount”); provided that, (x) a Carry Over Amount may only be carried forward to, and utilized in, the next period and (y) for purposes of measuring compliance with this Section 5.9(c) during any period, the Consolidated Capital Expenditures made pursuant to this Section 6.7(d) during such period any fiscal year shall first be counted against the applicable limitation deemed made first, in respect of amounts permitted for such period set forth fiscal year as provided above (without giving effect to amounts carried over from any prior fiscal year pursuant to clause (i) above) and then be counted against second, in respect of the excess amount carried over from any Carry Over Amount that may be utilized during such periodprior fiscal year pursuant to clause (i) above.

Maximum Consolidated Capital Expenditures. NRF shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal Year indicated below, in an aggregate amount for all of its Subsidiaries in excess of the corresponding amount set forth below opposite such Fiscal Year: 2007 €2,000,000 2008 €3,000,000 2009 €3,000,000 2010 € 2,000,000 2011 €2,000,000 2012 €2,000,000 Anything to the foregoing notwithstanding, (i) in the event that the amount of Consolidated Capital Expenditures during the twelve month period ending as of the last day of each fiscal quarter during the periods set forth below shall not exceed the lesser of (i) 3.0% of the aggregate revenues of the Borrower permitted to be made by NRF and its Subsidiaries for pursuant to hereto in any period (before giving effect to any increase in such twelve month period permitted expenditure amount pursuant to this clause (i)) is greater than the amount of such Consolidated Capital Expenditures actually made by NRF and its Subsidiaries during such fiscal year, such excess may be carried forward and utilized to make Consolidated Capital Expenditures in the succeeding year in an aggregate amount equal to 50% of such excess amount, and (ii) the amount set forth below corresponding to such fiscal quarter: The amount of permitted Consolidated Capital Expenditures referenced above will be increased in any period by the positive amount equal to the lesser of (A) ten percent (10%) of the amount of permitted Consolidated Capital Expenditures for the immediately prior period and (B) the amount (if any) equal to the difference obtained by taking the Consolidated Capital Expenditures limit specified above for the immediately prior period minus the actual amount of any Consolidated Capital Expenditures expended during such prior period (the “Carry Over Amount”); provided that, (x) a Carry Over Amount may only be carried forward to, and utilized in, the next period and (y) for purposes of measuring compliance with this Section 5.9(c) during any period, the Consolidated Capital Expenditures made pursuant to this Section 6.7(m) during such period any fiscal year shall first be counted against the applicable limitation deemed made first, in respect of amounts permitted for such period set forth fiscal year as provided above (without giving effect to amounts carried over from any prior fiscal year pursuant to clause (i) above) and then be counted against second, in respect of the excess amount carried over from any Carry Over Amount that may be utilized during such periodprior fiscal year pursuant to clause (i) above.