Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock.
Appears in 71 contracts
Samples: Loan and Security Agreement (Corillian Corp), Loan and Security Agreement (Drugstore Com Inc), Loan and Security Agreement (Transoma Medical Inc)
Distributions; Investments. (i) Directly or indirectly acquire or own any PersonPerson (except as provided in Section 7.3 hereof), or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; or (ii) pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock.
Appears in 4 contracts
Samples: Loan and Security Agreement (Skillsoft Public Limited Co), Loan Modification Agreement (Skillsoft Public Limited Co), Loan Modification Agreement (Skillsoft Public Limited Co)
Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock.
Appears in 2 contracts
Samples: Loan and Security Agreement (Fort Point Partners Inc), Loan and Security Agreement (Sonoma Systems)
Distributions; Investments. (i) Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; or (ii) pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock. Borrower may enter into employee stock or option plan approved by the Board of Directors from time to time.
Appears in 2 contracts
Samples: Loan and Security Agreement (Critical Therapeutics Inc), Loan Modification Agreement (Critical Therapeutics Inc)
Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay Except as provided in Section 7.3, pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stockstock exceeding 10% of the Borrower's Tangible Net Worth.
Appears in 2 contracts
Samples: Loan and Security Agreement (Metro One Telecommunications Inc), Loan and Security Agreement (Metro One Telecommunications Inc)
Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any cash dividends or make any distribution or payment or redeem, retire or purchase any capital stock.
Appears in 2 contracts
Samples: Loan and Security Agreement (Packeteer Inc), Loan and Security Agreement (Packeteer Inc)
Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock, except as contemplated by the preliminary proxy filed by Borrowers on January 28, 2004.
Appears in 1 contract
Samples: Loan and Security Agreement (Daleen Technologies Inc)
Distributions; Investments. (i) Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, Investments or permit any of its Subsidiaries to do so. Pay except as provided in Section 7.3 herein; or (ii) pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock.
Appears in 1 contract
Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock., except for repurchases of stock from former employees or directors of Borrower under the terms applicable
Appears in 1 contract
Samples: Loan and Security Agreement (Sonus Pharmaceuticals Inc)
Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock, except for Permissible Dividends.
Appears in 1 contract
Distributions; Investments. (i) Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; (ii) pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock; or (iii) make any loans or other extensions of credit, other than trade accounts created in the ordinary course of business and in customary amounts consistent with Borrower's past practices, or permit any of its Subsidiaries to do so.
Appears in 1 contract
Samples: Loan and Security Agreement (Advanced Energy Industries Inc)
Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; or pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stockstock except for Permitted Distributions.
Appears in 1 contract
Samples: Loan and Security Agreement (Digital Impact Inc /De/)
Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock.. 7.7
Appears in 1 contract
Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stockstock without Bank's prior written consent and provided further, that such payment, distribution, redemption, retirement or purchase does not cause an Event of Default.
Appears in 1 contract
Samples: Loan and Security Agreement (Scientific Learning Corp)
Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted InvestmentsInvestments or as permitted by Section 7.3, or permit any of its Subsidiaries to do so. Pay Except for Permitted Distributions, pay any dividends (other than dividends payable solely in stock of the Borrower) or make any distribution or payment or redeem, retire or purchase any capital stock.
Appears in 1 contract
Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in In any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock.
Appears in 1 contract