Common use of Dividends and Certain Other Restricted Payments Clause in Contracts

Dividends and Certain Other Restricted Payments. The Borrower shall not (a) declare or pay any cash dividends on or make any other distributions in respect of any of its Equity Interests or (b) directly or indirectly purchase, redeem, or otherwise acquire or retire for cash any of its Equity Interests (each, a “Restricted Payment”); provided, however, that the foregoing shall not operate to prevent:

Appears in 3 contracts

Samples: Credit Agreement (Dave & Buster's Entertainment, Inc.), Credit Agreement (Dave & Buster's Entertainment, Inc.), Credit Agreement (Dave & Buster's Entertainment, Inc.)

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Dividends and Certain Other Restricted Payments. The Borrower shall will not (a) declare or pay any cash dividends on or make any other distributions in respect of distribution on any class of its Equity Interests capital stock (other than dividends payable solely in its capital stock) or (b) directly or indirectly purchase, redeem, redeem or otherwise acquire or retire for cash any of its Equity Interests capital stock (eachexcept out of the proceeds of, or in exchange for, a substantially concurrent issue and sale of capital stock) or (c) make any other distributions with respect to its capital stock (collectively, "Restricted Payment”Payments"); provided, however, that the foregoing shall not operate to prevent:.

Appears in 2 contracts

Samples: Credit Agreement (Mississippi Chemical Corp /MS/), Credit Agreement (Mississippi Chemical Corp /MS/)

Dividends and Certain Other Restricted Payments. The Borrower shall not not, (a) declare or pay any cash dividends on or make any other distributions (other than dividends and distributions payable solely in its capital stock) in respect of any class or series of its Equity Interests capital stock or other equity interests or (b) directly or indirectly purchase, redeem, or otherwise acquire or retire for cash any of its Equity Interests (eachcapital stock or other equity interests or any warrants, a “Restricted Payment”); providedoptions, howeveror similar instruments to acquire the same, that the foregoing shall not operate if an Event of Default exists prior to prevent:or would exist after giving effect to such action.

Appears in 1 contract

Samples: Credit Agreement (Amcol International Corp)

Dividends and Certain Other Restricted Payments. The Borrower shall not (a) declare or pay any cash dividends on or make any other distributions in respect of any class or series of its Equity Interests capital stock or (b) directly or indirectly purchase, redeem, redeem or otherwise acquire or retire for cash any of its Equity Interests capital stock (each, a herein “Restricted PaymentPayments”); provided, however, that the foregoing Borrower may declare and pay Restricted Payments so long as at the time of, and after giving effect to, any such Restricted Payment no Default or Event of Default shall not operate to prevent:exist.

Appears in 1 contract

Samples: Credit Agreement (Midwestone Financial Group Inc)

Dividends and Certain Other Restricted Payments. The Borrower shall not (ai) declare or pay any cash dividends on or make any other distributions in respect of any of its Equity Interests or (bii) directly or indirectly purchase, redeem, or otherwise acquire or retire for cash any of its Equity Interests (each, a “Restricted Payment”); provided, however, that the foregoing shall not operate to prevent:

Appears in 1 contract

Samples: Credit Agreement (Dave & Buster's Entertainment, Inc.)

Dividends and Certain Other Restricted Payments. The Borrower shall will not (a) declare or pay any cash dividends on or make any other distributions in respect of any class or series of its Equity Interests capital stock or (b) directly or indirectly purchase, redeem, redeem or otherwise acquire or retire for cash any of its Equity Interests (eachcapital stock, a “Restricted Payment”); provided, however, that the foregoing shall not neither apply to nor operate to prevent:

Appears in 1 contract

Samples: Credit Agreement (Morton Industrial Group Inc)

Dividends and Certain Other Restricted Payments. The Borrower shall not (a) declare or pay any cash dividends on or make any other distributions in respect of any class or series of its Equity Interests capital stock or (b) directly or indirectly purchase, redeem, or otherwise acquire or retire for cash any of its Equity Interests (eachcapital stock, a “Restricted Payment”); provided, however, that except as permitted by the foregoing shall not operate to prevent:Operating Guidelines.

Appears in 1 contract

Samples: Credit Agreement (Primus Guaranty LTD)

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Dividends and Certain Other Restricted Payments. The Borrower shall not (a) declare or pay any cash dividends on or make any other distributions in respect of any class or series of its Equity Interests capital stock or (b) directly or indirectly purchase, redeem, redeem or otherwise acquire or retire for cash any of its Equity Interests capital stock (eachcollectively; "Restricted Payments"), a “if at the time of, or after giving effect to, any such Restricted Payment”); provided, however, that the foregoing shall not operate to prevent:Payment any Default or Event of Default exists.

Appears in 1 contract

Samples: Credit Agreement (Bancfirst Corp /Ok/)

Dividends and Certain Other Restricted Payments. The Borrower shall not (aai) declare or pay any cash dividends on or make any other distributions in respect of any of its Equity Interests or (bbii) directly or indirectly purchase, redeem, or otherwise acquire or retire for cash any of its Equity Interests (each, a “Restricted Payment”); provided, however, that the foregoing shall not operate to prevent:

Appears in 1 contract

Samples: Credit Agreement (Dave & Buster's Entertainment, Inc.)

Dividends and Certain Other Restricted Payments. The Borrower shall not (a) declare or pay any cash dividends on or make any other distributions in respect of any class or series of its Equity Interests capital stock or (b) directly or indirectly purchase, redeem, redeem or otherwise acquire or retire for cash any of its Equity Interests capital stock (eachherein, a “Restricted PaymentPayments”); provided, however, that the foregoing shall not operate to preventBorrower may:

Appears in 1 contract

Samples: Credit Agreement (Midwestone Financial Group Inc)

Dividends and Certain Other Restricted Payments. The Borrower shall will not (a) declare or pay any cash dividends on or make any other distributions in respect of distribution on any class of its Equity Interests capital stock or equity interest (other than dividends payable solely in its capital stock) or (b) directly or indirectly purchase, redeem, redeem or otherwise acquire or retire for cash any of its Equity Interests capital stock (eachexcept out of the proceeds of, or in exchange for, a substantially concurrent issue and sale of capital stock) or (c) make any other distributions with respect to its capital stock (collectively, "Restricted Payment”Payments"); provided, however, that the foregoing shall not operate to prevent:.

Appears in 1 contract

Samples: Mississippi Chemical Corp /MS/

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