Distributions, Etc Sample Clauses

Distributions, Etc. The Seller will not declare or make any dividend payment or other distribution of assets, properties, cash, rights, obligations or securities on account of any shares of any class of capital stock of the Seller, or return any capital to its shareholders as such, or purchase, retire, defease, redeem or otherwise acquire for value or make any payment in respect of any shares of any class of capital stock of the Seller or any warrants, rights or options to acquire any such shares, now or hereafter outstanding; provided, however, that the Seller may declare and pay cash dividends on its capital stock to its shareholders so long as (i) no Liquidation Event or Unmatured Liquidation Event shall then exist or would occur as a result thereof, (ii) such dividends are in compliance with all applicable law including the corporate law of the state of Seller’s incorporation, and (iii) such dividends have been approved by all necessary and appropriate corporate action of the Seller.
Distributions, Etc. Upon the dissolution, winding up, liquidation or reorganization of the Tenant, whether in bankruptcy, insolvency or receivership proceedings or upon an assignment for the benefit of creditors or any other marshalling of the assets and liabilities of the Tenant, if any sum shall be paid or any property shall be distributed upon or with respect to any of the Pledged Collateral, such sum shall be paid over to the Secured Parties, to be held as collateral security for the Secured Obligations. If any dividend shall be declared on any of the Pledged Collateral (excluding cash dividends), or any share of beneficial interest or fraction thereof shall be issued pursuant to any split of beneficial interests involving any of the Pledged Collateral, or any distribution of capital shall be made on any of the Pledged Collateral, or any property shall be distributed upon or with respect to the Pledged Collateral pursuant to recapitalization or reclassification of the capital of the Tenant, the shares or other property so distributed shall be delivered to the Secured Parties to be held as collateral security for the Secured Obligations.
Distributions, Etc. The Borrower will not (i) declare or make any dividend payment or other distribution of assets, properties, cash, rights, obligations or securities on account of any membership interests or other equity interests in the Borrower, or return any capital to its members or other equity holders as such, or purchase, retire, defease, redeem or otherwise acquire for value or make any payment in respect of any membership interests or other equity of the Borrower or any warrants, rights or options to acquire any membership interests or other equity of the Borrower, now or hereafter outstanding, (ii) prepay, purchase or redeem any Indebtedness (other than Indebtedness hereunder), (iii) lend or advance any funds or (iv) repay any loans or advances to, for or from any of its Affiliates (the amounts described in clauses (i) through (iv) being referred to as "Restricted Payments"); provided, however, that, prior to the Termination Date, the Borrower may declare and pay cash dividends to its sole member, may make payments in respect of the Intercompany Notes and may make purchases under the Transfer Agreement so long as (i) the Percentage Factor does not exceed the Maximum Percentage Factor, as determined by reference to the most recent Portfolio Report delivered under the Servicing Agreement, and no other Termination Event or Involuntary Bankruptcy Event shall then exist or would occur as a result thereof and (ii) any such dividends are in compliance with all applicable law including the Delaware Limited Liability Company Act, and have been approved by all necessary and appropriate limited liability company action of the Borrower and its board of directors.
Distributions, Etc. In the event of any distribution, division or application, partial or complete, voluntary or involuntary, by operation of law or otherwise, of all or any part of the assets of the Company or the proceeds thereof to creditors of the Company or to any indebtedness, liabilities and obligations of the Company, or upon any liquidation, dissolution or other winding up of the Company's business, or in the event of any sale (singly or in the aggregate) of all or any substantial part of the assets of the Company, or in the event of any receivership, insolvency or bankruptcy proceeding, or assignment for the benefit of creditors, or any proceeding by or against the Company for any relief under any bankruptcy or insolvency law or other laws relating to the relief of debtors, readjustment of indebtedness, reorganization, compositions or extensions, then and in any such event any payment or distribution of any kind or character, either in cash, securities or other property, whether or not on account of the Collateral, which shall be payable or deliverable upon or with respect to all or any part of the Obligations shall be paid or delivered directly to the Agent for application to the Obligations (whether due or not due in order and manner as set forth herein) until the Obligations shall have been fully paid and satisfied. The Lenders hereby irrevocably authorize and empower the Agent to demand, sue for, collect and receive every such payment or distribution and give acquittance therefor and to file claims and take such other proceedings in the Agent's own name or in the name of the Lenders or otherwise, as the Lender may deem necessary or advisable to carry out the provisions of this Section. The Lenders hereby agree to execute and deliver to the Agent such limited powers of attorney, assignments, endorsements or other instruments as may be requested by Agent in order to enable the Agent to enforce any and all claims upon or with respect to the Obligations and/or the Collateral, and to collect and receive any and all payments or distributions which may be payable or deliverable at any time upon or with respect to the Obligations and/or the Collateral.
Distributions, Etc. The Borrower will not pay any management fee or similar fee of any sort to any Affiliate thereof or to any other Person, declare or pay any dividends or distributions, purchase, redeem, retire, defease or otherwise acquire for value any of its equity interests or any warrants, rights or options to acquire such equity interests, now or hereafter outstanding, return any capital to its equity-holders as such, or make any distribution of Property, equity interests, warrants, rights, options, obligations or securities to its equity-holders as such, or permit any Subsidiary to purchase, redeem, retire, defease or otherwise acquire for value any equity interests in the Borrower or any warrants, rights or options to acquire such equity interests or to pay any such fee, except for the following:
Distributions, Etc a. Following receipt by the Down REIT Sub of written notice (which notice shall specifically reference this Section 5 of this Agreement) from Lender that a
Distributions, Etc. The Transferor will not declare or make any ------------------ dividend payment or other distribution of assets, properties, cash, rights, obligations or securities on account of any membership interest in the Transferor, or return any capital to its members as such, or purchase, retire, defease, redeem or otherwise acquire for value or make any payment in respect of any membership interest in the Transferor or any warrants, rights or options to acquire any such shares, now or hereafter outstanding; provided, however, that -------- ------- the Transferor may declare and pay cash distributions on its membership interests to its members so long as (i) no Trigger Event or Potential Trigger Event shall then exist or would occur as a result thereof, (ii) such distributions are in compliance with all applicable law including the law of the state of Delaware, and (iii) such distribution have been approved by all necessary and appropriate action of the Transferor. IV_6
Distributions, Etc. Neither Borrower nor General Partner shall, directly or indirectly, declare or make any dividend payment or other distribution of assets, property, cash, rights, obligations or securities on account of any Equity Interests in it, or purchase, redeem, retire or otherwise acquire for value any Equity Interests in it, now or hereafter outstanding from any of its assets, property, cash, rights, obligations or securities.
Distributions, Etc. None of the Credit Parties will, or will permit any of their respective Subsidiaries to, authorize, declare or pay any dividends or return any capital to, its stockholders, partners or members, or authorize or make any other distribution, payment or delivery of property or cash to its stockholders, partners or members as such or redeem, retire, purchase or otherwise acquire, directly or indirectly, for a consideration, any shares of any class of its capital stock, any partnership interest or any limited liability company interest (or any warrants for or options or stock appreciation rights in respect of any of such shares, partnership interests or limited liability company interests), now or hereafter outstanding, or set aside any funds for any of the foregoing purposes, and none of the Credit Parties will permit any of their respective Subsidiaries to purchase or otherwise acquire for consideration any shares of any class of the capital stock, any partnership interest or any limited liability company interests of any Credit Party or any such Subsidiary, as the case may be (or any options or warrants or stock appreciation rights issued by such Person with respect to its capital stock, partnership interests or limited liability company interests), now or hereafter outstanding (all of the foregoing "Distributions"), except that: