Advanced Medical Optics (EYE)

8.12 Capital Expenditures.

Make any expenditure in respect of the purchase or other acquisition of any fixed or capital asset (excluding normal replacements and maintenance which are properly charged to current operations), except for capital expenditures not exceeding, in the aggregate for the Borrower and it Subsidiaries during each period set forth below, the amount set forth opposite such fiscal year:

provided, however, that (i) for purposes of this Section 8.12, capital expenditures made with the proceeds of asset sales that are not subject to Section 2.06 or are permitted to be reinvested pursuant to Section 2.06 shall not be considered in determining compliance with this covenant and (ii) (x) if any amount of capital expenditures is not expended in the Fiscal Year for which it is permitted above (before giving effect to any carryover), such amount may be carried over for expenditure in the immediately succeeding (but not any other) Fiscal Year and (y) any amount so carried over shall be deemed to have been used first in making capital expenditures in such next following Fiscal Year for purposes of calculating compliance with this Section 8.12.