Common use of DIVIDENDS, DISTRIBUTIONS Clause in Contracts

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's stock now or hereafter outstanding.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's ’s stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's ’s stock now or hereafter outstanding.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's ’s stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's ’s stock now or hereafter outstanding, and Borrower shall provide to Bank, upon request, any documentation required by Bank to substantiate the appropriateness of amounts paid or to be paid.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's stock now or hereafter outstanding.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's stock now or hereafter outstanding, ; nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's stock now or hereafter outstanding.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's stock now or hereafter outstanding."

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock cash or any other property on Borrower's stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's stock now or hereafter outstanding, except dividends paid by Borrower solely in equity interest issued by Borrower.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's stock now or hereafter outstanding, except for payment of applicable taxes in connection with restricted stock and stock options issued pursuant to the company’s stock incentive plans approved by the company’s shareholders.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's stock now or hereafter outstandingoutstanding in excess of $0.50 per unit or share, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's stock now or hereafter outstanding.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's stock now or hereafter outstandingoutstanding except as provided in the Warrant Purchase Agreement.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock cash or any other property on Borrower's in respect of any stock now in Borrower or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class Stock of Borrower's stock now , other than any redemption or hereafter outstandingrepurchase by Borrower of restricted Stock of Borrower from employees or officers in the ordinary course of business and consistent with past practices.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's stock now or hereafter outstanding.any

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's stock now or hereafter outstandingoutstanding , and Borrower shall provide to Bank, upon request, any documentation required by Bank to substantiate the appropriateness of amounts paid or to be paid.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on any Borrower's ’s stock or membership interests now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of any Borrower's ’s stock or membership interests now or hereafter outstanding.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's stock now or hereafter outstanding, except repurchases of stock made with the proceeds of the Line of Credit to the extent permitted by this Agreement.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's ’s stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's ’s stock now or hereafter outstanding.outstanding except:

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's stock now or hereafter outstanding, except for payment of applicable taxes in connection with restricted stock and stock options issued pursuant to the Company’s stock incentive plans approved by the Company’s shareholders.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's ’s stock now or hereafter outstanding, nor ; provided however that Borrower shall be permitted to redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's ’s stock now or hereafter outstanding.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's ’s stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's ’s stock now or hereafter outstandingoutstanding in violation of any agreement to which Borrower is bound or if such action would result in such a violation immediately after giving effect thereto.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's ’s stock now or hereafter outstanding.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's ’s stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's ’s stock now or hereafter outstandingoutstanding in excess of $15,000,000.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's ’s stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's stock now or hereafter outstanding.outstanding except:

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's ’s stock now or hereafter outstanding, nor or redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's ’s stock now or hereafter outstandingoutstanding at any time when an Event of Default or a Pending Default exists or would result from such action.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's stock now or hereafter outstanding, and Borrower shall provide to Bank, upon request, any documentation required by Bank to substantiate the appropriateness of amounts paid or to be paid.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's ’s stock or other ownership interest now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's ’s stock or other ownership interest now or hereafter outstandingoutstanding if an Event of Default has occurred or would result therefrom.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's Borrowers stock now or hereafter outstandingoutstanding in such amounts that would cause a failure to comply with any terms of this agreement.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's stock now or hereafter outstanding, except for dividends allowed by the terms of the Indenture.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's stock now or hereafter outstanding; provided however, nor redeem, retire, that Borrower may repurchase or otherwise acquire any shares of any class of Borrower's stock now or hereafter outstandingso long as Borrower is in compliance with all terms, covenants and conditions of this Agreement at the time and following each such purchase.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's stock now or hereafter outstandingoutstanding other than dividends in the normal course of business, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's stock now or hereafter outstandingoutstanding that would cause the Borrower to not be "Well Capitalized".

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's stock now or hereafter outstandingoutstanding in such amounts that would cause a failure to comply with the terms of this agreement.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's stock now or hereafter outstanding.”

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock cash or any other property other than stock, on Borrower's stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's stock now or hereafter outstanding.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's stock now or hereafter outstanding, in any case, in violation of any agreement to which Borrower is bound or if such action would result in such a violation immediately after giving effect thereto.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's stock now or hereafter outstanding.outstanding which would violate the covenants in Sections

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's stock now or hereafter outstanding, other than repurchases of stock from current or former employees and consultants in the ordinary course of business.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire (except as permitted under the Company's stock option plan), any shares of any class of Borrower's stock now or hereafter outstanding.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on any Borrower's ’s stock or membership interests now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of any Borrower's ’s stock or membership interests now or hereafter outstanding.outstanding 22

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's the stock of Borrower or any of its subsidiaries now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's stock of Borrower or any of its subsidiaries now or hereafter outstanding.outstanding except (a) any subsidiary of Borrower may declare and pay dividends or distributions with respect to its stock to Borrower or another wholly-owned subsidiary of Borrower that is a holder of such

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or other distribution either in cash, stock or any other property on (other than the common stock of Borrower's stock now ), or hereafter outstanding, nor redeem, retire, repurchase purchase or otherwise acquire any shares of any class of Borrower's stock now or hereafter outstanding.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's ’s stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's ’s stock now or hereafter outstanding, except for payment of applicable taxes in connection with restricted stock and stock options issued pursuant to the Company’s stock incentive plans approved by the Company’s shareholders.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's ’s stock now or hereafter outstanding, ; nor to redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's ’s stock now or hereafter outstanding.

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's ’s stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's ’s stock now or hereafter outstanding, other than Permitted Other Transactions (as defined in Section 5.6 below).

DIVIDENDS, DISTRIBUTIONS. Declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's ’s stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's ’s stock now or hereafter outstandingoutstanding except in connection with Borrower’s 1994 Restricted Stock Bonus Plan and Agreement.