Common use of Limitations on Dividends and Distributions Clause in Contracts

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stock, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effect; provided that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock or any other ownership interests; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock or other ownership interests, or make any distribution of cash, property or assets among the holders of shares of its Capital Stockcapital stock or other ownership interests, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effectstructure; provided that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stockcapital stock, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effectstructure; provided that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stockcapital stock, or make any change in its capital structure which such change in its capital structure that could reasonably be expected to have a Material Adverse Effect; provided that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stock, or make any change in its capital structure which such change in its capital structure could would reasonably be expected to have a Material Adverse Effect; provided that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stockcapital stock, or make any change in its capital structure which such change in its capital structure that could reasonably be expected to have a Material Adverse Effect; provided provided, that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock or any other ownership interests; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock or other ownership interests, or make any distribution of cash, property or assets among the holders of shares of its Capital Stockcapital stock or other ownership interests, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effect; provided thatstructure, except:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stock, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effectstructure; provided that:

Limitations on Dividends and Distributions. Declare or pay any dividends Dividends upon any of its Capital Stockcapital stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stockcapital stock, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effectstructure; provided that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stockcapital stock, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effect; provided that:

Limitations on Dividends and Distributions. Declare or pay ------------------------------------------ any dividends upon any of its Capital Stockcapital stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stockcapital stock, or make any change in its capital structure which such change in its capital structure that could reasonably be expected to have a Material Adverse Effect; provided that:: --------

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stockcapital stock, or make any change in its capital structure which such change in its capital structure that could reasonably be expected to have a Material Adverse Effect; provided PROVIDED that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stockcapital stock, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effectstructure; provided PROVIDED that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock or any other ownership interests; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock or any other ownership interests, or make any distribution of cash, property or assets among the holders of shares of its Capital Stockcapital stock or any other ownership interests, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effect; provided provided, that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stock, or make any distribution of cash, property or assets among the holders of shares of its Capital StockStock (all such payments or other distributions, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effect; provided that“Distributions”) except:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock or any other ownership interests; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock or other ownership interests, or make any distribution of cash, property or assets among the holders of shares of its Capital Stockcapital stock or other ownership interests, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effect; provided that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stock, or make any material change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effectstructure; provided that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock or other equity interests; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock or other equity interests, or make any distribution of cash, property or assets among the holders of shares of its Capital Stockcapital stock or other equity interests (all such payments or other distributions, "Distributions"), or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effect; provided that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stock, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effect; provided that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stock, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effectexcept as otherwise permitted hereunder; provided that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stock, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effectstructure; provided PROVIDED that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock, or make any distribution of cash, cash property or assets among the holders of shares of its Capital Stockcapital stock, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have (each a Material Adverse Effect"Dividend"); provided that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stock, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effect; provided that:except as otherwise permitted hereunder.

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stock; , or purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stock, or make any distribution of cash, property or assets among the holders on account of shares of its Capital Stock, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effectstructure; provided that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stock, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have (collectively, a Material Adverse Effect“Restricted Payment”); provided that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock or other ownership interests; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock or other ownership interests, or make any distribution of cash, property or assets among the holders of shares of its Capital Stockcapital stock or other ownership interests, or make any change in its capital structure which such change in its capital structure that could reasonably be expected to have a Material Adverse Effect; provided that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stock, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have (collectively, a Material Adverse Effect"RESTRICTED PAYMENT"); provided PROVIDED that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stock, capital stock; or make any change in its capital structure which such change in its capital structure that could reasonably be expected to have a Material Adverse Effect; provided that:that any Subsidiary of Borrower may pay cash dividends or make any other cash distribution to Borrower.

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stock, or make any distribution of cash, property or assets among the holders of shares of its Capital StockStock (all such payments or other distributions, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effect“Distributions”); provided that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stockcapital stock, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effect; provided PROVIDED that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stock, capital stock or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effect; structure, provided that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stock, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effectstructure; provided that:that:(a) the Borrower or any Subsidiary (other than DG III and any of its Subsidiaries) may pay dividends payable solely in shares of its own Capital Stock; and

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stock, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effect; provided that:among

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stock, or ; make any distribution of cash, property or assets among the holders of shares of its Capital Stock, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effectexcept as otherwise permitted hereunder; provided that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stock, or make any distribution of cash, property or assets among the holders of shares of its Capital StockStock (all such payments or other distributions, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effect; provided that:“Distributions”):

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock or any other ownership interests; purchase, redeem, retire or otherwise acquire, acquire (directly or indirectly), any shares of its Capital Stockcapital stock or other ownership interests, or make any distribution of cash, property or assets among amount the holders of shares of its Capital Stockcapital stock or other ownership interests, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have (any of the foregoing a Material Adverse Effect“Restricted Payment”); provided that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stock, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have (collectively, a Material Adverse Effect"Restricted Payment"); provided that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stock, or make any change in its capital structure which such change in its capital structure that could reasonably be expected to have a Material Adverse Effect; provided that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stockcapital stock, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a 61 Material Adverse Effect; provided PROVIDED that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stock, capital stock; or make any change in its capital structure which such change in its capital structure that could reasonably be expected to have a Material Adverse Effect; provided that:that (a) the Borrower may pay dividends solely in shares of its own capital stock and (b) any Subsidiary of the Borrower may pay cash dividends or make any other cash distribution thereto.

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stock, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effect; provided that, except as to clause (d), so long as no Default or Event of Default has occurred and is continuing or would result from the following:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock, or make any distribution of cash, cash property or assets among the holders of shares of its Capital Stockcapital stock, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have (each a Material Adverse Effect"DIVIDEND"); provided that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock or other ownership interests; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock or other ownership interests, or make any distribution of cash, property or assets among the holders of shares of its Capital Stockcapital stock or other ownership interests, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effect; provided that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock; or (i) purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock, or (ii) make any distribution of cash, property or assets among the holders of shares of its Capital Stockcapital stock, or (iii) make any change in its capital structure which such change structure, in its capital structure the case of clauses (i), (ii) or (iii) that could reasonably be expected to have a Material Adverse Effect; provided provided, that:

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stockcapital stock, or make any change in its capital structure which such change in its capital structure that could reasonably be expected to have a Material Adverse Effect; provided that:provided, that the Borrower may pay dividends in shares of its own capital stock.