Preferred Stock Dividends. (i) interest Incurred in connection with Investments in discontinued operations;
Preferred Stock Dividends. The holders of Series A Preferred Stock, Series B Preferred Stock, Series B-1 Preferred Stock, Series C Preferred Stock and Series C-1 Preferred Stock shall be entitled to receive non-cumulative dividends, on a pari passu basis, at the rate of 8% of the Series A Issue Price as defined in Section 2.a. (as adjusted for any stock dividends, combinations or splits with respect to such shares) per annum for the Series A Preferred Stock, at the rate of 8% of the Series B Issue Price as defined in Section 2.a (as adjusted for any stock dividends, combinations or splits with respect to such shares) per annum for the Series B Preferred Stock, at the rate of 8% of the Series B-1 Issue Price as defined in Section 2.a. (as adjusted for any stock dividends, combinations or splits with respect to such shares) per annum for the Series B-1 Preferred Stock, at the rate of 8% of the Series C Issue Price as defined in Section 2.a. (as adjusted for any stock dividends, combinations or splits with respect to such shares) per annum for the Series C Preferred Stock, and at the rate of 8% of the Series C-1 Issue Price as defined in Section 2.a. (as adjusted for any stock dividends, combinations or splits with respect to such shares) per annum for the Series C-1 Preferred Stock, payable out of funds legally available therefor. Such dividends shall be payable only when, as, and if declared by the Board of Directors and shall be non-cumulative. No dividends (other than those payable solely in the Common Stock of the Company) shall be paid or other distribution made on any Common Stock of the Company, or purchase, redemption or other acquisition of Common Stock for value during any fiscal year of the Company until dividends, in the amount of 8% of the Series A Issue Price (as adjusted for any stock dividends, combinations or splits with respect to such shares) on the Series A Preferred Stock, 8% of the Series B Issue Price as defined in Section 2.a (as adjusted for any stock dividends, combinations or splits with respect to such shares) on the Series B Preferred Stock, 8% of the Series B-1 Issue Price as defined in Section 2.a (as adjusted for any stock dividends, combinations or splits with respect to such shares) on the Series B-1 Preferred Stock, 8% of the Series C Issue Price as defined in Section 2.a (as adjusted for any stock dividends, combinations or splits with respect to such shares) on the Series C Preferred Stock, and 8% of the Series C-1 Issue Price as defined in Section...
Preferred Stock Dividends. .... Payable quarterly at $[ ] per share (6% per annum) in cash. If for any reason a dividend is not paid in cash when scheduled, the amount of such dividend shall accrue interest at a rate of 12% per annum until paid.
Preferred Stock Dividends. There shall have been no dividends or other distributions declared or made on the Preferred Stock.
Preferred Stock Dividends. Except as set forth in this Section 5(a) and Section 5(b), Holders shall not be entitled to any dividend in respect of the Preferred Stock, whether payable in cash, property or shares of common stock or preferred stock of the Company. With respect to the Preferred Stock Dividend Period, Holders of shares of outstanding Preferred Stock shall be entitled to receive, when, as and if declared by the Board of Directors, out of funds of the Company lawfully available for payment, a Preferred Stock Dividend at an annual rate of 5.00% of the Liquidation Preference per share of Preferred Stock, payable in arrears on the Preferred Stock Dividend Payment Date, in cash (the “Preferred Stock Dividend”). Any unpaid Preferred Stock Dividends shall accumulate during the Preferred Stock Dividend Period whether or not, in the Preferred Stock Dividend Period, there have been funds of the Company lawfully available for the payments of such Preferred Stock Dividend. The Preferred Stock Dividends shall be payable on the Preferred Stock Dividend Payment Date to Holders that are record Holders on the record date set by the Board of Directors for the payment of such Preferred Stock Dividend, but only to the extent such Preferred Stock Dividend has been declared by the Board of Directors to be payable on the Preferred Stock Dividend Payment Date. The Preferred Stock Dividends shall be based on the number of days elapsed during the Preferred Stock Dividend Period and computed on the basis of a 360-day year consisting of twelve 30-day months. No interest, or sum of money in lieu of interest shall be payable in respect of any Preferred Stock Dividend payment or payments. If the Preferred Stock Dividend is not paid in full on the Preferred Stock Dividend Payment Date to all holders of the Preferred Stock, such Preferred Stock Dividend shall be paid pro rata based on the number of shares of Preferred Stock. If the Board of Directors determines not to pay the Preferred Stock Dividend in full on the Preferred Stock Dividend Payment Date, the Company will provide written notice to the Holders prior to the Preferred Stock Dividend Payment Date.
Preferred Stock Dividends. Subsection 9.7 of the Credit Agreement is amended by deleting the text "(a) the Borrower may declare and pay cash dividends on its Preferred Stock in accordance with the terms of the Preferred Stock Documents as in effect on the Closing Date;" and replacing such text with:
Preferred Stock Dividends. Immediately before the Effective Time, Xxxxxxxx will pay the holders of Xxxxxxxx Preferred Stock the amount of all unpaid quarterly dividends on the Xxxxxxxx Preferred Stock beginning January 1, 2007, prorated on a daily basis for partial quarters through the anticipated Effective Date.
Preferred Stock Dividends. So long as no Default or Event of Default has occurred and is continuing (other than as consented to herein), the declaration and payment of dividends on the Preferred Stock (at the rate or rates set forth in Section 4 of the Certificate of Designations) will not be deemed a breach of, or be prohibited by, Section 5.02(m) or Section 5.03(h)
Preferred Stock Dividends. A. With respect to the Corporation’s payment of dividends or distributions, if any, the Series D Preferred Stock shall rank senior in priority to the Series C Preferred Stock, which shall rank senior in priority to the Series B Preferred Stock, which shall rank senior in priority to the Series A Preferred Stock, which shall rank senior in priority to all shares of Common Stock.
Preferred Stock Dividends. Administrative Agent and Lenders hereby (a) consent to the payment of cash dividends in respect of the New Preferred Stock in the aggregate face amount not to exceed $250,000,000 (the "New Preferred Dividends"), (b) waive any violations of the Credit Agreement resulting therefrom, and (c) agree that such New Preferred Dividends shall be permitted in addition to the Restricted Payments otherwise permitted pursuant to Section 7.6 of the Credit Agreement; provided that (i) at the time of the declaration of such New Preferred Dividends, no Default or Event of Default has occurred which is continuing, (ii) the payment of the New Preferred Dividends shall be declared by the Board of Directors of Company, and (iii) nothing in this Amendment shall allow any Person to make any other new Restricted Payments not allowed pursuant to Section 7.6 of the Credit Agreement.
