Common use of Limitation on Transactions Clause in Contracts

Limitation on Transactions. If (i) the Company shall exercise its right to defer payment of interest as provided in Section 4.1; or (ii) there shall have occurred and be continuing any Event of Default, then (a) the Company shall not, and will not permit any Subsidiary to, declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (1) as a result of a reclassification of its capital stock for another class of its capital stock or (2) declarations or payments of dividends or distributions on capital stock by a Subsidiary of the Company to the Company); (b) the Company shall not, and will not permit any Subsidiary to, make any payment of interest, principal or premium, if any, or repay, repurchase or redeem any debt securities issued by the Company which rank pari passu with or junior to the Debentures; (c) the Company shall not make any guarantee payment with respect to any guarantee by the Company of the debt securities of any Subsidiary of the Company if such guarantee ranks pari passu with or junior to the Debentures; provided, however, that notwithstanding the foregoing the Company may make payments pursuant to its obligations under the Trust Preferred Securities Guarantee; and (d) the Company shall not redeem, purchase or acquire less than all of the outstanding Debentures or any of the Trust Preferred Securities.

Limitation on Transactions. If (i) the Company shall exercise its right to defer payment of interest as provided in Section 4.1; , or (ii) there shall have occurred and be continuing any Event of Default, then (a) the Company shall not, and will not permit any Subsidiary to, declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (1A) dividends or distributions in common stock of the Company, or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, (B) purchases of common stock of the Company related to the rights under any of the Company's benefit plans for its directors, officers or employees, or (C) as a result of a reclassification of its capital stock for another class of its capital stock or (2) declarations or payments of dividends or distributions on capital stock by a Subsidiary of the Company to the Companystock); (b) the Company shall not, and will not permit any Subsidiary to, make any payment of interest, principal or premium, if any, or repay, repurchase or redeem any debt securities issued by the Company which rank pari passu PARI PASSU with or junior to the Debentures; (c) the Company shall not Debentures or make any guarantee payment with respect to any guarantee by the Company of the debt securities of any Subsidiary subsidiary of the Company if such guarantee ranks pari passu PARI PASSU with or junior to the Debentures; providedPROVIDED, howeverHOWEVER, that that, notwithstanding the foregoing foregoing, the Company may make payments pursuant to its obligations under the Trust Preferred Securities Guarantee; and (dc) the Company shall not redeem, purchase or acquire less than all of the outstanding Debentures or any of the Trust Preferred Securities.

Limitation on Transactions. If (i) the Company shall exercise its right to defer payment of interest as provided in Section 4.1; , or (ii) there shall have occurred and be continuing any Event of Default, then (a) the Company shall not, and will not permit any Subsidiary to, declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (1A) dividends or distributions in common stock of the Company, or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, (B) purchases of common stock of the Company related to the rights under any of the Company's benefit plans for its directors, officers or employees, or (C) as a result of a reclassification of its capital stock for another class of its capital stock or (2) declarations or payments of dividends or distributions on capital stock by a Subsidiary of the Company to the Companystock); (b) the Company shall not, and will not permit any Subsidiary to, make any payment of interest, principal or premium, if any, or repay, repurchase or redeem any debt securities issued by the Company which rank pari passu with or junior to the Debentures; (c) the Company shall not Debentures or make any guarantee payment with respect to any guarantee by the Company of the debt securities of any Subsidiary subsidiary of the Company if such guarantee ranks pari passu with or junior to the Debentures; provided, however, that that, notwithstanding the foregoing foregoing, the Company may make payments pursuant to its obligations under the Trust Preferred Securities Guarantee; and (dc) the Company shall not redeem, purchase or acquire less than all of the outstanding Debentures or any of the Trust Preferred Securities.

Limitation on Transactions. If (i) the Company shall exercise its right to defer payment of interest as provided in Section 4.1; 5.1, or (ii) there shall have occurred and be continuing any Event of Default, then (a) the Company shall not, and will not permit any Subsidiary to, declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (1A) dividends or distributions in common stock of the Company, or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, (B) purchases of common stock of the Company related to the rights under any of the Company's benefit plans for its directors, officers or employees, or (C) as a result of a reclassification of its capital stock for another class of its capital stock or (2) declarations or payments of dividends or distributions on capital stock by a Subsidiary of the Company to the Companystock); (b) the Company shall not, and will not permit any Subsidiary to, make any payment of interest, principal or premium, if any, or repay, repurchase or redeem any debt securities issued by the Company which rank pari passu with or junior to the Debentures; (c) the Company shall not Debentures or make any guarantee payment with respect to any guarantee by the Company of the debt securities of any Subsidiary subsidiary of the Company if such guarantee ranks pari passu with or junior to the Debentures; provided, however, that notwithstanding the foregoing the Company may make payments pursuant to its obligations under the Trust Preferred Securities Guarantee; and (dc) the Company shall not redeem, purchase or acquire less than all of the outstanding Debentures or any of the Trust Preferred Securities.

Limitation on Transactions. If (i) the Company shall exercise its right to defer payment of interest as provided in Section 4.1; or (ii) there shall have occurred and be continuing any Event of Default; or (iii) the Company is in default with respect to its obligations under the Capital Securities Guarantee, then (a) the Company shall will not, and will not permit any Subsidiary to, declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (1I) as a result of a reclassification of its capital stock for another class of its capital stock or (2II) declarations or payments of dividends or distributions on capital stock by a Subsidiary of the Company to the Company); (b) the Company shall not, not and will not permit any Subsidiary to, to make any payment of interest, principal or premium, if any, or repay, repurchase or redeem any debt securities issued by the Company which rank pari passu with or junior to the Debentures; (c) the Company shall not Debentures or make any guarantee payment with respect to any guarantee by the Company of the debt securities of any Subsidiary of the Company if such guarantee ranks pari passu with or junior to the Debentures; provided, however, that notwithstanding the foregoing the Company may make payments pursuant to its obligations under the Trust Preferred Capital Securities Guarantee; and (dc) the Company shall not redeem, purchase or acquire less than all of the outstanding Debentures or any of the Trust Preferred Capital Securities.

Limitation on Transactions. If (i) the Company shall exercise its right to defer payment of interest as provided in Section 4.1; , or (ii) there shall have occurred and be continuing any Event of Default, then (a) the Company shall not, and will not permit any Subsidiary to, declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (1A) dividends or distributions in common stock of the Company, or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, (B) purchases of common stock of the Company related to the rights under any of the Company's benefit plans for its directors, officers or employees, or (C) as a result of a reclassification of its capital stock for another class of its capital stock or (2) declarations or payments of dividends or distributions on capital stock by a Subsidiary of the Company to the Companystock); (b) the Company shall not, and will not permit any Subsidiary to, make any payment of interest, principal or premium, if any, or repay, repurchase or redeem any debt securities issued by the Company which rank pari passu with or junior to the Debentures; (c) the Company shall not Debentures or make any guarantee payment with respect to any guarantee by the Company of the debt securities of any Subsidiary subsidiary of the Company if such guarantee ranks pari passu with or junior to the Debentures; provided, however, that notwithstanding the foregoing the Company may make payments pursuant to its obligations under the Trust Preferred Securities Guarantee; and (dc) the Company shall not redeem, purchase or acquire less than all of the outstanding Debentures or any of the Trust Preferred Securities.

Limitation on Transactions. If (i) the Company shall exercise its right to defer payment of interest as provided in Section 4.1; or (ii) there shall have occurred and be continuing any Event of Default, then (a) the Company shall not, and will not permit any Subsidiary to, declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (1i) as a result of a reclassification of its capital stock for another class of its capital stock or (2) declarations or payments of dividends or distributions on capital in common stock by of the Company, or any declaration of a Subsidiary non-cash dividend in connection with the implementation of a shareholders' rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, and (ii) purchases of common stock of the Company related to the rights under any of the Company's benefit plans for its directors, officers or employees); (b) the Company shall not, and will not permit any Subsidiary to, make any payment of interest, principal or premium, if any, or repay, repurchase or redeem any debt securities issued by the Company which rank pari passu with or junior to the Debentures; (c) the Company shall not make any guarantee payment with respect to any guarantee by the Company of the debt securities of any Subsidiary of the Company if such guarantee ranks pari passu with or junior to the Debentures; provided, however, that notwithstanding the foregoing the Company may make payments pursuant to its obligations under the Trust Preferred Securities Guarantee; and (dc) the Company shall not redeem, purchase or acquire less than all of the outstanding Debentures or any of the Trust Preferred Securities.