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

Dividends and Certain Other Restricted Payments. The Borrower shall not, nor shall it permit any Subsidiary to, (a) declare or pay any dividends on or make any other distributions in respect of any class or series of its capital stock or other equity interests or (b) directly or indirectly purchase, redeem, or otherwise acquire or retire any of its capital stock or other equity interests or any warrants, options, or similar instruments to acquire the same (collectively, the “Restricted Payments”); provided, however, that the foregoing shall not operate to prevent:

Appears in 3 contracts

Samples: Term Loan Credit Agreement (Penford Corp), Credit Agreement (Penford Corp), Credit Agreement (Penford Corp)

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Dividends and Certain Other Restricted Payments. The Borrower shall not, nor shall it permit any Subsidiary to, (a) declare or pay any dividends on or make any other distributions in respect of any class or series of its capital stock or other equity interests or (b) directly or indirectly purchase, redeem, or otherwise acquire or retire any of its capital stock or other equity interests or any warrants, options, or similar instruments to acquire the same (collectively, the “Restricted Payments”); provided, however, that the foregoing shall not operate to preventprevent the making of the following dividends or distributions:

Appears in 2 contracts

Samples: Credit Agreement (Unified Western Grocers Inc), Credit Agreement (Unified Western Grocers Inc)

Dividends and Certain Other Restricted Payments. The Borrower shall not, nor shall it permit any Subsidiary to, (a) declare or pay any dividends on or make any other distributions in respect of any class or series of its capital stock or other equity interests (other than dividends or distributions payable solely in its capital stock or other equity interests), or (b) directly or indirectly purchase, redeem, or otherwise acquire or retire any of its capital stock or other equity interests or any warrants, options, or similar instruments to acquire the same (collectively, the collectively referred to herein as “Restricted Payments”); provided, however, that the foregoing shall not operate to prevent:

Appears in 1 contract

Samples: Credit Agreement (Federal Signal Corp /De/)

Dividends and Certain Other Restricted Payments. The Borrower shall not, nor shall it permit any Subsidiary to, (a) declare or pay any dividends on or make any other distributions in respect of any class or series of its capital stock or other equity interests (other than dividends or distributions payable solely in its capital stock or other equity interests), or (b) directly or indirectly purchase, redeem, or otherwise acquire or retire any of its capital stock or other equity interests or any warrants, options, or similar instruments to acquire the same same, (collectively, the collectively referred to herein as “Restricted Payments”); provided, however, that the foregoing shall not operate to prevent:

Appears in 1 contract

Samples: Credit Agreement (BGC Partners, Inc.)

Dividends and Certain Other Restricted Payments. The Borrower shall not, nor shall it permit any Subsidiary to, (a) declare or pay any dividends on or make any other distributions in respect of any class or series of its capital stock or other equity interests or (b) directly or indirectly purchase, redeem, redeem or otherwise acquire or retire any of its capital stock or other equity interests or any warrantsstock; PROVIDED, options, or similar instruments to acquire the same (collectively, the “Restricted Payments”); provided, howeverHOWEVER, that the foregoing shall not operate to prevent:prevent the making of dividends or distributions by any Subsidiary to the Borrower or to any other Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Vision Twenty One Inc)

Dividends and Certain Other Restricted Payments. The Borrower shall not, nor shall it permit any Subsidiary to, (a) declare or pay any dividends on or make any other distributions in respect of any class or series of its capital stock (other than dividends payable solely in its capital stock) or other equity interests or (b) directly or indirectly purchase, redeem, redeem or otherwise acquire or retire any of its capital stock or other equity interests or any warrants, options, or similar instruments to acquire the same (collectively, the “Restricted Payments”)stock; provided, however, that the foregoing shall not operate to prevent:prevent the making of dividends or distributions by any Wholly-Owned Subsidiary to its parent corporation.

Appears in 1 contract

Samples: Credit Agreement (Vision Twenty One Inc)

Dividends and Certain Other Restricted Payments. The Borrower shall not, nor shall it permit any Subsidiary to, (ai) declare or pay any dividends on or make any other distributions in respect of any class or series of its capital stock or (other equity interests than dividends payable solely in its capital stock) or (bii) directly or indirectly purchase, redeem, redeem or otherwise acquire or retire any of its capital stock or other equity interests or any warrants, options, or similar instruments to acquire the same (collectively, the “Restricted Payments”)stock; provided, however, that the foregoing shall not operate to prevent:

Appears in 1 contract

Samples: Credit Agreement (Diamond Home Services Inc)

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Dividends and Certain Other Restricted Payments. The Borrower shall not, nor shall it permit any Subsidiary to, (a) declare or pay any dividends on or make any other distributions in respect of any class or series of its capital stock or other equity interests or (b) directly or indirectly purchase, redeem, or otherwise acquire or retire any of its capital stock or other equity interests or any warrants, options, or similar instruments to acquire the same (collectively, the “Restricted Payments”); provided, however, that the foregoing shall not operate to prevent:prevent the making of dividends or distributions by any Wholly-owned Subsidiary of the Borrower to its parent corporation.

Appears in 1 contract

Samples: Credit Agreement (Penford Corp)

Dividends and Certain Other Restricted Payments. The Borrower shall not, nor shall it permit any Subsidiary to, (a) declare or pay any dividends on or make any other distributions in respect of any class or series of its capital stock or other equity interests or (b) directly or indirectly purchase, redeem, or otherwise acquire or retire any of its capital stock or other equity interests or any warrants, options, or similar instruments to acquire the same (collectively, the “Restricted Payments”); provided, however, that the foregoing shall not operate to prevent:same.

Appears in 1 contract

Samples: Credit Agreement (Stake Technology LTD)

Dividends and Certain Other Restricted Payments. The Borrower shall not, nor shall it permit any Subsidiary to, (a) declare or pay any dividends on or make any other distributions in respect of any class or series of its capital stock or other equity interests or (b) directly or indirectly purchase, redeem, or otherwise acquire or retire any of its capital stock or other equity interests or any warrants, options, or similar instruments to acquire the same (collectively, the “Restricted Payments); provided, however, that the foregoing shall not operate to prevent:

Appears in 1 contract

Samples: Credit Agreement (Penford Corp)

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