05Restricted Payments. Declare or make any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, if any Event of Default shall have occurred and be continuing or would result therefrom; provided that (a) each Consolidated Party (other than Borrower) may declare and make Restricted Payments ratably to the holders of such Consolidated Party’s Equity Interests according to their respective holdings of the type of Equity Interests in respect of which such Restricted Payment is being made; (b) any Consolidated Party may declare and make Restricted Payments payable solely in the common stock or other common Equity Interests in such Person; and (c) so long as (i) no Event of Default under Section 8.01(a), (f) or (g) shall have occurred and be continuing or would not result therefrom and (ii) none of the Obligations have been accelerated under Section 8.02, Borrower may declare and make Restricted Payments in any fiscal year in an aggregate amount equal to the amount required to be paid by Borrower to its equity holders in order for Borrower to maintain its REIT status.
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05Restricted Payments. Declare or make any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, if any Event of Default shall have occurred and be continuing or would result therefrom; provided that
(a) each Consolidated Party (other than Borrower) may declare and make Restricted Payments ratably to the holders of such Consolidated Party’s Equity Interests according to their respective holdings of the type of Equity Interests in respect of which such Restricted Payment is being made;
(b) any Consolidated Party may declare and make Restricted Payments payable solely in the common stock or other common Equity Interests in such Person; and and
(c) so long as (i) no Event of Default under Section 8.01(a), (f) or (g) shall have occurred and be continuing or would not result therefrom and (ii) none of the Obligations have been accelerated under Section 8.02, Borrower any Consolidated Party may declare and make stock repurchases permitted by Section 7.15;
(d) each Consolidated Party may declare or make, directly or indirectly, any Restricted Payments in any fiscal year in an aggregate amount equal to the amount Payment required to be paid by Borrower to its equity holders in order for Borrower to maintain its REIT status.status or to avoid any federal income taxes and excise taxes; and
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