SECTION #Capital Expenditures. Capital Expenditures of the Loan Parties will not exceed in the aggregate in any Fiscal Year the sum of ​; provided that after giving effect to the incurrence of any Capital Expenditures permitted by this Section, no Default shall have occurred and be continuing (with the effect that amounts not incurred in any Fiscal Year may not be carried forward to a subsequent period).

“Capital Expenditures” shall mean expenditures made or liabilities incurred for the acquisition of any fixed assets or improvements, replacements, substitutions or additions thereto which have a useful life of more than one year, including the total principal portion of Capitalized Lease Obligations, which, in accordance with GAAP, would be classified as capital expenditures.

Make capital expenditures in excess of ​;

Capital Expenditures during the Settlement Agreement Period.

“Unfinanced Capital Expenditures” means, with respect to any Person and for any period, Capital Expenditures made by such Person during such period and not financed from the proceeds of Indebtedness (other than with the proceeds of Credit Extensions).

FCF = GAAP Operating Cash Flow, less capital expenditures

Section # Capital Expenditures and Capitalized Lease Payments 90

#[Section 7.12] – Capital Expenditures and Capitalized Lease payments.

In the event that the aggregate capital expenditures (excluding expenditures for SCR Equipment) made by Power Company in respect of the Columbia Plant and the 345 KV Substation during the Settlement Agreement Period is less than the Commitment Amount (the shortfall amount referred to as the, “Shortfall Amount”), then # for purposes of modifying and adjusting the Ownership Shares of the Companies on the ​ Ownership Share Adjustment Date pursuant to the provisions of this Paragraph 1.2, Power Company shall be deemed to have made capital expenditures in an amount equal to the Shortfall Amount on the last day of the Capital Relief Period ending on the day immediately preceding such Ownership Share Adjustment Date in addition to any other capital expenditures made by the Power Company during such Capital Relief Period and # each Company’s (other than Power Company’s) obligations to make capital expenditures after ​ shall be offset by an aggregate amount equal to the Shortfall Amount multiplied by such Company’s Ownership Shares effective as of the ​ Ownership Share Adjustment Date.

“Capital Expenditures” means, for any period, the aggregate of all expenditures (whether paid in cash or accrued as liabilities and including in all events all amounts expended or capitalized under Capitalized Leases) by the ​ and the Restricted Subsidiaries during such period that, in conformity with GAAP, are or are required to be included as capital expenditures on the consolidated statement of cash flows of the ​ and the Restricted Subsidiaries.