the case of Swingline
Loans, $1.0 million.
"Borrowing Multiple" shall mean $250,000.
"Borrowing Request" shall mean a request by the applicable Borrower in
accordance with the terms of Section 2.03 and substantially in the form of
Exhibit D-1.
"Budget" shall have the meaning assigned to such term in Section 5.04(e).
"Business Day" shall mean any day that is not a Saturday, Sunday or other day on
which commercial banks in New York City are authorized or required by law to
remain closed; provided, that when used in connection with a Eurocurrency Loan,
the term "Business Day" shall also exclude any day on which banks are not open
for dealings in deposits in the applicable currency in the London interbank
market.
"Capital Expenditures" shall mean, for any person in respect of any period, the
aggregate of all expenditures incurred by such person during such period that,
in accordance with GAAP, are or should be included in "additions to property,
plant or equipment" or similar items reflected in the statement of cash flows of
such person, provided, however, that Capital Expenditures for Holdings, the
Borrowers and the Subsidiaries shall not include:
4
(A)
EXPENDITURES TO THE EXTENT THEY ARE MADE WITH PROCEEDS OF THE
ISSUANCE OF EQUITY INTERESTS OF HOLDINGS AFTER THE CLOSING DATE OR FUNDS THAT
WOULD HAVE CONSTITUTED ANY NET PROCEEDS UNDER CLAUSE (A) OF THE DEFINITION OF
THE TERM "NET PROCEEDS" (BUT FOR THE APPLICATION OF THE FIRST PROVISO TO SUCH
CLAUSE (A)),
(B)
EXPENDITURES WITH PROCEEDS OF INSURANCE SETTLEMENTS, CONDEMNATION
AWARDS AND OTHER SETTLEMENTS IN RESPECT OF LOST, DESTROYED, DAMAGED OR CONDEMNED
ASSETS, EQUIPMENT OR OTHER PROPERTY TO THE EXTENT SUCH EXPENDITURES ARE MADE TO
REPLACE OR REPAIR SUCH LOST, DESTROYED, DAMAGED OR CONDEMNED ASSETS, EQUIPMENT
OR OTHER PROPERTY OR OTHERWISE TO ACQUIRE, MAINTAIN, DEVELOP, CONSTRUCT,
IMPROVE, UPGRADE OR REPAIR ASSETS OR PROPERTIES USEFUL IN THE BUSINESS OF THE
BORROWERS AND THE SUBSIDIARIES WITHIN 15 MONTHS OF RECEIPT OF SUCH PROCEEDS (OR,
IF NOT MADE WITHIN SUCH PERIOD OF 15 MONTHS, ARE COMMITTED TO BE MADE DURING
SUCH PERIOD),
(C)
INTEREST CAPITALIZED DURING SUCH PERIOD,
(D)
EXPENDITURES THAT ARE ACCOUNTED FOR AS CAPITAL EXPENDITURES OF
SUCH PERSON AND THAT ACTUALLY ARE PAID FOR BY A THIRD PARTY (EXCLUDING HOLDINGS,
THE BORROWERS OR ANY SUBSIDIARY THEREOF) AND FOR WHICH NONE OF HOLDINGS, THE
BORROWERS OR ANY SUBSIDIARY HAS PROVIDED OR IS REQUIRED TO PROVIDE OR INCUR,
DIRECTLY OR INDIRECTLY, ANY CONSIDERATION OR OBLIGATION TO SUCH THIRD PARTY OR
ANY OTHER PERSON (WHETHER BEFORE, DURING OR AFTER SUCH PERIOD),
(E)
THE BOOK VALUE OF ANY ASSET OWNED BY SUCH PERSON PRIOR TO OR
DURING SUCH PERIOD TO THE EXTENT THAT SUCH BOOK VALUE IS INCLUDED AS A CAPITAL
EXPENDITURE DURING SUCH PERIOD AS A RESULT OF SUCH PERSON REUSING OR BEGINNING
TO REUSE SUCH ASSET DURING SUCH PERIOD WITHOUT A CORRESPONDING EXPENDITURE
ACTUALLY HAVING BEEN MADE IN SUCH PERIOD; PROVIDED, THAT (I) ANY EXPENDITURE
NECESSARY IN ORDER TO PERMIT SUCH ASSET TO BE REUSED SHALL BE INCLUDED AS A