Common use of Dividends; Capital Stock Clause in Contracts

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution, redemption, repurchase or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock) of the Borrower, or set apart any sum for the aforesaid purposes.

Appears in 4 contracts

Samples: Credit Agreement (Chemtura CORP), Possession Credit Agreement (Chemtura CORP), Possession Credit Agreement (Chemtura CORP)

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Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution, redemption, repurchase or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock) of the Borrower, or set apart any sum for the aforesaid purposes.purposes (collectively, “Restricted Payments”), except that:

Appears in 3 contracts

Samples: And Guaranty Agreement (Dana Holding Corp), Revolving Credit and Guaranty Agreement (Dana Holding Corp), Term Facility Credit and Guaranty Agreement (Dana Holding Corp)

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution, redemption, repurchase or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock) of the Borrower, or set apart any sum for the aforesaid purposes.

Appears in 2 contracts

Samples: Possession Credit Agreement (Dana Corp), Possession Credit Agreement (Dana Corp)

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution, redemption, repurchase distribution or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock) of the Borrower), or set apart any sum for the aforesaid purposes, provided that any Guarantor may pay dividends or make distributions or other payments to its direct parent or to the Borrower.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Genesis Health Ventures Inc /Pa), Revolving Credit and Guaranty Agreement (Multicare Companies Inc)

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any dividend payment or other distributiondistribution of assets, redemptionproperties, repurchase or payment, whether in cash, propertyrights, obligations or securities or a combination thereof, with respect to (whether by reduction on account of capital or otherwise) any shares of any class of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock) of the Borrower, or set apart purchase, redeem or otherwise acquire for value (or permit any sum for of its Subsidiaries to do so) any shares of any class of capital stock of the aforesaid purposes.Borrower or any warrants, rights or options to acquire any such shares, now or hereafter outstanding (collectively, “Restricted Payments”), except that:

Appears in 2 contracts

Samples: Credit Agreement (SAIC Gemini, Inc.), Credit Agreement (Science Applications International Corp)

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution, redemption, repurchase or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock) of the BorrowerBorrowers, or set apart any sum for the aforesaid purposes.; provided that:

Appears in 2 contracts

Samples: Possession Credit Agreement (AbitibiBowater Inc.), Possession Credit Agreement (AbitibiBowater Inc.)

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution, redemption, repurchase distribution or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock) of the Borrower), or set apart any sum for the aforesaid purposes; provided that any of a Borrower's Subsidiaries may pay dividends to such Borrower.

Appears in 1 contract

Samples: Possession Credit Agreement (Nutramax Products Inc /De/)

Dividends; Capital Stock. Declare or pay, directly or ------------------------ indirectly, any dividends or make any other distribution, redemption, repurchase distribution or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock) of the Borrower), or set apart any sum for the aforesaid purposes, provided that -------- any Guarantor may pay dividends to the Borrower and to any other Guarantor that is its direct parent.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Galey & Lord Inc)

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution, redemption, repurchase distribution or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock) of the Borrower), or set apart any sum for the aforesaid purposes, provided that any Guarantor may pay dividends to the Borrower or to another Guarantor that is its parent corporation.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Alliance Entertainment Corp)

Dividends; Capital Stock. Declare or pay, directly or ------------------------ indirectly, any dividends or make any other distribution, redemption, repurchase distribution or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock) of the Borrower), or set apart any sum for the aforesaid purposes, provided that -------- any Guarantor may pay dividends or make distributions or other payments to its direct parent or to the Borrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Mariner Post Acute Network Inc)

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution, redemption, repurchase distribution or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or or, except as provided on Schedule 6.08, any options, warrants, rights or other equity securities or agreements relating to any capital stock) of the Borrower), or set apart any sum for the aforesaid purposes, provided that any Guarantor may pay dividends to the Borrower and to any other Guarantor that is its direct parent.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Guilford Mills Inc)

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution, redemption, repurchase or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock) of the Borrower), or set apart any sum for the aforesaid purposes; provided that any Guarantor may pay dividends to the Borrower or a Low Leverage Guarantor.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Lodgian Inc)

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution, redemption, repurchase distribution or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock or membership interests (or any options, warrants, rights or other equity securities or agreements relating to any capital stock) of the Borrowerstock or membership interests), or set apart any sum for the aforesaid purposes, provided that any Guarantor may pay dividends to the Borrower and to any other Guarantor that is its direct parent.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (McLeodusa Inc)

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Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution, redemption, repurchase distribution or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock or membership interests (or any options, warrants, rights or other equity securities or agreements relating to any capital stock) of the Borrowerstock or membership interests), or set apart any sum for the aforesaid purposes, provided that any Guarantor may pay dividends to any other Borrower and to any other Guarantor that is its direct parent.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Kaiser Aluminum & Chemical Corp)

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or otherwise make any other distribution, redemption, repurchase or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock) of the Borrower, Restricted Payment or set apart any sum for the aforesaid purposes., except (a) dividends or other distributions or transfers to the Borrower or another Guarantor; (b) dividends by any Guarantor to any other holder of its equity on a pro rata basis;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Delta Air Lines Inc /De/)

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution, redemption, repurchase distribution or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock) of the Borrower), or set apart any sum for the aforesaid purposes.

Appears in 1 contract

Samples: Revolving Credit Agreement (Payless Cashways Inc)

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution, redemption, repurchase or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock) of the Borrower), or set apart any sum for the aforesaid purposes; provided that any Guarantor may pay dividends to another Guarantor or to the Borrower.

Appears in 1 contract

Samples: Possession Credit Agreement (Worldcom Inc)

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution, redemption, repurchase distribution or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock) of the Borrower), or set apart any sum for the aforesaid purposes, provided that any Borrower may pay dividends to Systemax.

Appears in 1 contract

Samples: Revolving Credit Agreement (Systemax Inc)

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution, redemption, repurchase distribution or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital capital, purchase or redemption of shares or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock) of the Borrower), or set apart any sum for the aforesaid purposes.

Appears in 1 contract

Samples: Dip Credit Agreement

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution, redemption, repurchase distribution or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital in capital, purchase, redemption or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock) of the Borrower), or set apart any sum for any of the aforesaid foregoing purposes; provided, however, that any Loan Party or Subsidiary may pay dividends to any Loan Party that is its direct parent company.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Key3media Group Inc)

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