Common use of Ability to Pay Dividends Clause in Contracts

Ability to Pay Dividends. Except with respect to the covenants contained in (a) the Existing Credit Agreement or (b) the Indenture, the Company is not party to any material Contract, and is not subject to any provision in the Company Charter Documents or resolutions of the Board that, in each case, by its terms prohibits or prevents the Company from paying dividends in form and the amounts contemplated by the Certificate of Designations or from redeeming the Series A Preferred Stock in the manner and at the times contemplated by the Certificate of Designations. The Company and its Subsidiaries are not in material breach of, or default or violation under, the Existing Credit Agreement or the Indenture.