Common use of Dividends, Redemptions, Etc Clause in Contracts

Dividends, Redemptions, Etc. Neither Borrower nor any of its Subsidiaries shall pay any dividends or make any distributions on its Equity Securities; purchase, redeem, retire, defease or otherwise acquire for value any of its Equity Securities; return any capital to any holder of its Equity Securities as such; make any distribution of assets, Equity Securities, obligations or securities to any holder of its Equity Securities as such; or set apart any sum for any such purpose, except as follows: (i) Borrower may pay dividends on its Equity Securities payable solely in Borrower's own Equity Securities; (ii) Borrower may purchase, redeem, retire, defease or otherwise acquire for value Equity Securities in connection with or pursuant to any of its Employee Benefit Plans or in connection with the employment or compensation of officers or directors; (iii) Borrower may purchase, redeem, retire, defease or otherwise acquire for value Equity Securities with the proceeds received from a substantially concurrent issue of new Equity Securities or with other Equity Securities; (iv) Borrower may purchase Equity Securities pursuant to stock repurchase programs provided that the aggregate payments under such programs do not exceed ten percent (10%) of Tangible Net Worth in any fiscal year as determined as of the fiscal quarter immediately preceding the date of determination; (v) Borrower may distribute rights pursuant to a shareholder rights plan or redeem such rights provided such redemption is in accordance with the terms of such shareholder rights plan; (vi) Any Subsidiary of Borrower may pay dividends or make distributions to Borrower or any Wholly-Owned Subsidiary of Borrower; (vii) Any Subsidiary of Borrower may purchase and redeem shares of their own Equity Securities from Borrower or any Wholly-Owned Subsidiary of Borrower; or (viii) Any Subsidiary of Borrower may declare or pay any dividends in respect of its Equity Securities or purchase or redeem shares of its Equity Securities or make distributions to shareholders not otherwise permitted hereunder provided that the aggregate amount paid or distributed in any period of four consecutive quarters (excluding any amounts covered by clauses (vi) or (vii) above) does not exceed five percent (5%) of Tangible Net Worth as determined as of the fiscal quarter immediately preceding the date of determination.

Dividends, Redemptions, Etc. Neither Borrower the Lessee nor any of its Subsidiaries shall pay any dividends or make any distributions on its Equity Securities; purchase, redeem, retire, defease or otherwise acquire for value any of its Equity Securities; return any capital to any holder of its Equity Securities as such; make any distribution of assets, Equity Securities, obligations or securities to any holder of its Equity Securities as such; or set apart any sum for any such purpose, ; except as follows: (i) Borrower The Lessee or any of its Subsidiaries may pay dividends on its Equity Securities payable solely in Borrowersuch Person's own Equity Securities; (ii) Borrower Securities and the Lessee may purchase, redeem, retire, defease or otherwise acquire for value Equity Securities of the Lessee issued to employees of the Lessee or its Subsidiaries in connection with exchange for other Equity Securities of the Lessee; (ii) Any Subsidiary of the Lessee may pay dividends to or pursuant repurchase its Equity Securities from the Lessee or another Subsidiary; and any Subsidiary may purchase Equity Securities of the Lessee in the open market or from the Lessee (in which case such purchase would not be considered a repurchase by the Lessee for purposes of clause (v) below), and the Lessee may issue its Equity Securities to any of its Employee Benefit Plans or in connection with the employment or compensation of officers or directorsSubsidiary; (iii) Borrower Adobe Incentive Partners may purchase, redeem, retire, defease or otherwise acquire for value Equity Securities with the proceeds received from a substantially concurrent issue of new Equity Securities or with other Equity Securitiesmake Adobe Incentive Partners Distributions and any VC Partnership may make distributions to its partners; (iv) Borrower The Lessee may repurchase its Equity Securities from an employee of the Lessee or its Subsidiaries (A) in an amount equal to any taxes payable by such employee upon the exercise of options to purchase Equity Securities pursuant to stock repurchase programs provided that the aggregate payments under such programs do not exceed ten percent (10%) of Tangible Net Worth in any fiscal year as determined as of the fiscal quarter immediately preceding the date Lessee, or (B) upon termination of determination;such employee's employment; and (v) Borrower may distribute rights pursuant to a shareholder rights plan or redeem such rights provided such redemption is in accordance with the terms of such shareholder rights plan; (vi) Any Subsidiary of Borrower The Lessee may pay other dividends or make distributions to Borrower or any Wholly-Owned Subsidiary of Borrower; (vii) Any Subsidiary of Borrower may purchase and redeem shares of their own Equity Securities from Borrower or any Wholly-Owned Subsidiary of Borrower; or (viii) Any Subsidiary of Borrower may declare or pay any dividends in respect of on its Equity Securities in cash or purchase or redeem shares of repurchase its Equity Securities for cash or make distributions for another company's Equity Securities, provided, that: (A) In each case, no CAA Event of Default, Unwind Event or Lease Event of Default has occurred and is continuing on the date of, or will result after giving effect to, any such payment or repurchase; and (B) If the Debt/EBITDA Ratio of the Lessee for any consecutive four-quarter period is equal to shareholders not otherwise permitted hereunder provided that or greater than 1.25:1.00, the aggregate amount paid or distributed in any period sum of four consecutive quarters Lessee's Net Share Repurchases and cash dividends (excluding any amounts covered by dividends payable pursuant to clauses (viii) or and (viiiii) above) does for the next succeeding quarter shall not exceed five forty percent (540%) of Tangible Net Worth as determined as of the fiscal Lessee's EBITDA for such consecutive four-quarter immediately preceding the date of determinationperiod.

Dividends, Redemptions, Etc. Neither Borrower the Lessee nor any of its Subsidiaries shall pay any dividends or make any distributions on its Equity Securities; purchase, redeem, retire, defease decease or otherwise acquire for value any of its Equity Securities; return any capital to any holder of its Equity Securities as such; make any distribution of assets, Equity Securities, obligations or securities to any holder of its Equity Securities as such; or set apart any sum for any such purpose, except as follows: (i) Borrower the Lessee may pay dividends on its Equity Securities payable solely in Borrowerthe Lessee's own Equity Securities; (ii) Borrower the Lessee may purchase, redeem, retire, defease or otherwise acquire for value Equity Securities in connection with or pursuant to any of its Employee Benefit Plans or in connection with the employment or compensation of officers or directors; (iii) Borrower the Lessee may purchase, redeem, retire, defease or otherwise acquire for value Equity Securities with the proceeds received from a substantially concurrent issue of new Equity Securities or with other Equity Securities; (iv) Borrower the Lessee may purchase Equity Securities pursuant to stock repurchase programs provided that the aggregate payments under such programs do not exceed ten percent (10%) of Tangible Net Worth in any fiscal year as determined as of the fiscal quarter immediately preceding the date of determination; (v) Borrower the Lessee may distribute rights pursuant to a shareholder rights plan or redeem such rights provided such redemption is in accordance with the terms of such shareholder rights plan; (vi) Any Subsidiary of Borrower the Lessee may pay dividends or make distributions to Borrower the Lessee or any Wholly-Owned Subsidiary of Borrowerthe Lessee; (vii) Any Subsidiary of Borrower the Lessee may purchase and redeem shares of their own Equity Securities from Borrower the Lessee or any Wholly-Owned Subsidiary of Borrowerthe Lessee; or (viii) Any Subsidiary of Borrower the Lessee may declare or pay any dividends in respect of its Equity Securities or purchase or redeem shares of its Equity Securities or make distributions to shareholders not otherwise permitted hereunder provided that the aggregate amount paid or distributed in any period of four consecutive quarters (excluding any amounts covered by clauses (vi) or (vii) above) does not exceed five percent (5%) of Tangible Net Worth as determined as of the fiscal quarter immediately preceding the date of determination.

Dividends, Redemptions, Etc. Neither Borrower Tenant nor any of its Subsidiaries shall pay any dividends or make any distributions on its Equity Securities; purchase, redeem, retire, defease or otherwise acquire for value any of its Equity Securities; return any capital to any holder of its Equity Securities as such; make any distribution of assets, Equity Securities, obligations or securities to any holder of its Equity Securities as such; or set apart any sum for any such purpose, ; except as follows: (i) Borrower Tenant or any of its Subsidiaries may pay dividends on its Equity Securities capital stock payable solely in Borrowersuch Entity's own Equity Securities; (ii) Borrower capital stock and Tenant may purchase, redeem, retire, defease or otherwise acquire for value Equity Securities capital stock of Tenant issued to employees of Tenant or its Subsidiaries in connection with exchange for other capital stock of Tenant; (ii) Any Subsidiary of Tenant may pay dividends to or pursuant to any of repurchase its Employee Benefit Plans or in connection with the employment or compensation of officers or directorscapital stock from Tenant; (iii) Borrower Adobe Incentive Partners may purchase, redeem, retire, defease or otherwise acquire for value Equity Securities with the proceeds received from a substantially concurrent issue of new Equity Securities or with other Equity Securitiesmake Adobe Incentive Partners Distributions and any VC Partnership may make distributions to its partners; (iv) Borrower Tenant may repurchase its capital stock from an employee of Tenant or its Subsidiaries (A) in an amount equal to any taxes payable by such employee upon the exercise of options to purchase Equity Securities pursuant to capital stock repurchase programs provided that the aggregate payments under of Tenant, or (B) upon termination of such programs do not exceed ten percent (10%) of Tangible Net Worth in any fiscal year as determined as of the fiscal quarter immediately preceding the date of determination;employee's employment; and (v) Borrower Tenant may distribute rights pay other dividends on its capital stock in cash or repurchase its capital stock for cash, provided that: (A) In each case, no Event of Default has occurred and is continuing on the date of, or will result after giving effect to, any such payment or repurchase; and (B) If the Debt/EBITDA Ratio of Tenant for any consecutive four-quarter period is equal to or greater than 1.25:1.00, the sum of Tenant's Net Share Repurchases and cash dividends (excluding dividends payable pursuant to a shareholder rights plan or redeem such rights provided such redemption is in accordance with the terms of such shareholder rights plan; (vi) Any Subsidiary of Borrower may pay dividends or make distributions to Borrower or any Wholly-Owned Subsidiary of Borrower; (vii) Any Subsidiary of Borrower may purchase and redeem shares of their own Equity Securities from Borrower or any Wholly-Owned Subsidiary of Borrower; or (viii) Any Subsidiary of Borrower may declare or pay any dividends in respect of its Equity Securities or purchase or redeem shares of its Equity Securities or make distributions to shareholders not otherwise permitted hereunder provided that the aggregate amount paid or distributed in any period of four consecutive quarters (excluding any amounts covered by clauses (viii) or and (viiiii) above) does for the next succeeding quarter shall not exceed five forty percent (540%) of Tangible Net Worth as determined as of the fiscal Tenant's EBITDA for such consecutive four-quarter immediately preceding the date of determinationperiod.

Dividends, Redemptions, Etc. Neither Borrower nor any of its Subsidiaries shall pay any dividends or make any distributions on its Equity Securities; purchase, redeem, retire, defease or otherwise acquire for value any of its Equity Securities; return any capital to any holder of its Equity Securities as such; make any distribution of assets, Equity Securities, obligations or securities to any holder of its Equity Securities as such; or set apart any sum for any such purpose, ; except as follows: (i) Borrower or any of its Subsidiaries may pay dividends on its Equity Securities capital stock payable solely in Borrowersuch Person's own Equity Securities; (ii) capital stock and Borrower may purchase, redeem, retire, defease or otherwise acquire for value Equity Securities capital stock of Borrower issued to employees of Borrower or its Subsidiaries in connection with or pursuant to any exchange for other capital stock of its Employee Benefit Plans or in connection with the employment or compensation of officers or directorsBorrower; (iii) Borrower may purchase, redeem, retire, defease or otherwise acquire for value Equity Securities with the proceeds received from a substantially concurrent issue of new Equity Securities or with other Equity Securities; (iv) Borrower may purchase Equity Securities pursuant to stock repurchase programs provided that the aggregate payments under such programs do not exceed ten percent (10%) of Tangible Net Worth in any fiscal year as determined as of the fiscal quarter immediately preceding the date of determination; (v) Borrower may distribute rights pursuant to a shareholder rights plan or redeem such rights provided such redemption is in accordance with the terms of such shareholder rights plan; (viii) Any Subsidiary of Borrower may pay dividends to or make distributions to Borrower or any Wholly-Owned Subsidiary of repurchase its capital stock from Borrower; (viiiii) Any Subsidiary of Borrower Adobe Incentive Partners may purchase make Adobe Incentive Partners Distributions and redeem shares of their own Equity Securities from Borrower or any Wholly-Owned Subsidiary of Borrower; or (viii) Any Subsidiary of Borrower VC Partnership may declare or pay any dividends in respect of its Equity Securities or purchase or redeem shares of its Equity Securities or make distributions to shareholders not otherwise permitted hereunder its partners; (iv) Borrower may repurchase its capital stock from an employee of Borrower or its Subsidiaries (A) in an amount equal to any taxes payable by such employee upon the exercise of options to purchase capital stock of Borrower, or (B) upon termination of such employee's employment; and (v) Borrower may pay other dividends on its capital stock in cash or repurchase its capital stock for cash, provided that that: (A) In each case, no Event of Default has occurred and is continuing on the aggregate amount paid date of, or distributed in will result after giving effect to, any such payment or repurchase; and (B) If the Debt/EBITDA Ratio of Borrower for any consecutive four-quarter period is equal to or greater than 1.25:1.00, the sum of four consecutive quarters Borrower's Net Share Repurchases and cash dividends (excluding any amounts covered by dividends payable pursuant to clauses (viii) or and (viiiii) above) does for the next succeeding quarter shall not exceed five forty percent (540%) of Tangible Net Worth as determined as of the fiscal Borrower's EBITDA for such consecutive four-quarter immediately preceding the date of determinationperiod.