Common use of Priority of Dividends Clause in Contracts

Priority of Dividends. So long as any shares of Series A Preferred Stock remain outstanding, unless full dividends on all outstanding shares of Series A Preferred Stock have been declared and paid in cash, including any accrued and unpaid dividends on the Series A Preferred Stock that are then in arrears, or have been or contemporaneously are declared and a sum sufficient for the payment of those dividends has been or is set aside for the benefit of the Holders, the Company may not declare any dividend on, or make any distributions relating to, Junior Stock or Parity Stock, or redeem, purchase, acquire (either directly or through any Subsidiary) or make a liquidation payment relating to, any Junior Stock or Parity Stock, other than:

Priority of Dividends. So long as any shares of Series A B Preferred Stock remain outstanding, unless full dividends Annual Dividends on all outstanding shares of Series A B Preferred Stock that have accrued from and including the Issuance Date have been declared and paid in cash, including any accrued and unpaid dividends on the Series A Preferred Stock that are then in arrears, or have been or contemporaneously are declared and a sum sufficient for the payment of those dividends Annual Dividends has been or is set aside for the benefit of the Holders, the Company may not declare any dividend on, or make any distributions relating to, Junior Stock or Parity Stock, or redeem, purchase, acquire (either directly or through any Subsidiary) or make a liquidation payment relating to, any Junior Stock or Parity Stock, other than:

Priority of Dividends. So long as any shares of Series A Preferred Stock remain outstanding, unless full dividends Dividends on all outstanding shares of Series A Preferred Stock have been declared and paid in cashpaid, including any accrued and unpaid dividends Dividends on the Series A Preferred Stock that are then in arrears, or have been or contemporaneously are declared and a sum sufficient for the payment of those dividends has been or is set aside for the benefit of the Holders, the Company may not declare any dividend on, or make any distributions relating to, Junior Stock or Parity Stock, or redeem, purchase, acquire (either directly or through any Subsidiary) or make a liquidation payment relating to, any Junior Stock or Parity Stock, other than:

Priority of Dividends. So long as any shares of Series A Preferred Stock remain outstanding, unless full dividends on (x) there are no Accrued Cash Dividends at such time (or all outstanding shares of Series A Preferred Stock have been declared and paid in cash, including any accrued and unpaid dividends on the Series A Preferred Stock that are then in arrears, or have been or Accrued Cash Dividends contemporaneously are declared and a sum sufficient for the payment of those dividends has been or is set aside for the benefit of the Holders) and (y) there are no Unredeemed Shares at such time, the Company may not declare any dividend on, or make any distributions relating to, Junior Stock or Parity Stock, or redeem, purchase, acquire (either directly or through any Subsidiary) or make a liquidation payment relating to, any Junior Stock or Parity Stock, other than:

Priority of Dividends. So long as any shares of Series A Preferred Stock remain outstanding, unless full dividends Dividends on all outstanding shares of Series A Preferred Stock have been declared and paid in cashpaid, including any accrued and unpaid dividends Dividends on the Series A Preferred Stock that are then in arrears, or have been or contemporaneously are declared and a sum sufficient for the payment of those dividends Dividends has been or is set aside for the benefit of the Holders, the Company may not declare any dividend on, or make any distributions relating to, Junior Stock or Parity Stock, or redeem, purchase, acquire (either directly or through any Subsidiary) or make a liquidation payment relating to, any Junior Stock or Parity Stock, other than:

Priority of Dividends. So long as any shares of Series A Preferred Stock remain outstanding, unless full dividends Dividends and Compounded Dividends on all outstanding shares of Series A Preferred Stock that have accrued from and including the date of issuance have been declared and paid in cash, including any accrued and unpaid dividends on the Series A Preferred Stock that are then in arrears, or have been or contemporaneously are declared and a sum sufficient for the payment of those dividends Dividends and Compounded Dividends has been or is set aside for the benefit of the Holders, the Company may not declare any cash dividend on, or make any cash distributions relating to, Junior Stock or Parity Stock, or redeem, purchase, acquire (either directly or through any Subsidiary) or make a liquidation payment relating to, any Junior Stock or Parity Stock, other than:

Priority of Dividends. So long as any shares of Series A Preferred Stock Shares remain outstanding, unless full dividends Dividends on all outstanding shares of Series A Preferred Stock Shares that have accrued from and including the Issuance Date have been declared and paid in cash, including any accrued and unpaid dividends on the Series A Preferred Stock that are then in arrearspaid, or have been or contemporaneously are declared and a sum an amount of cash or Common Shares or additional Series A Preferred Shares sufficient for the payment of those dividends Dividends has been or is set aside for the benefit of the Holders, the Company may not declare any cash dividend on, or make any cash distributions relating to, Junior Stock or Parity StockShares, or redeem, purchase, acquire (either directly or through any Subsidiary) or make a liquidation payment relating to, any Junior Stock or Parity StockShares, other than:

Priority of Dividends. So Except as provided in this Section 4(b), so long as any shares share of Series A Convertible Preferred Stock remain remains outstanding, unless full dividends Dividends (including Past Due Dividends) on all outstanding shares of Series A the Convertible Preferred Stock have been declared and paid in cash, including any accrued and unpaid dividends on the Series A Preferred Stock that are then in arrearspaid, or have been or contemporaneously are declared and a sum sufficient for the payment of those dividends Dividends has been or is set aside for the benefit of the Holdersholders thereof on the applicable Record Date, the Company may will not, and will cause its subsidiaries not to, declare or pay any dividend onin excess of $0.01 per share on any Junior Stock, or make any distributions relating to, to Junior Stock or Parity Stock, or redeem, purchase, acquire (either directly or through any Subsidiarysubsidiary) or make a liquidation payment relating to, any Junior Stock Stock, or Parity Stockmake any guarantee payment with respect thereto, other than:

Priority of Dividends. So long as any shares of Series A Preferred Stock remain outstanding, unless full dividends Preferred Dividends on all outstanding shares of Series A Preferred Stock that have accrued from and including the Issuance Date have been declared and paid in cash, including any accrued and unpaid dividends on the Series A Preferred Stock that are then in arrears, or have been or contemporaneously are declared and a sum sufficient for the payment of those dividends Preferred Dividends has been or is set aside for the benefit of the Holders, the Company may not declare any dividend on, or make any distributions relating to, Junior Stock or Parity Stock, or redeem, purchase, acquire (either directly or through any Subsidiary) or make a liquidation payment relating to, any Junior Stock or Parity Stock, other than:

Priority of Dividends. So long as any shares of Series A Preferred Stock remain outstanding, unless full dividends Dividends on all outstanding shares of Series A Preferred Stock have been declared and paid or accrued in cash, including any accrued and unpaid dividends on the Series A Preferred Stock that are then lieu of payment in arrearsaccordance with Section 4(c), or have been or contemporaneously are declared and a sum sufficient for the payment of those dividends Dividends has been or is set aside for the benefit of the HoldersHolders or there are no Accrued Dividends at such time, the Company may not declare any dividend on, or make any distributions relating to, Junior Stock or Parity Stock, or redeem, purchase, acquire (either directly or through any Subsidiary) or make a liquidation payment relating to, any Junior Stock or Parity Stock, other than:

Priority of Dividends. So long as any shares of Series A B Preferred Stock remain outstanding, following March 31, 2021, unless full dividends Dividends on all outstanding shares of Series A B Preferred Stock that have accrued from and including March 31, 2021 have been declared and paid in cash, including any accrued and unpaid dividends on the Series A Preferred Stock that are then in arrears, or have been or contemporaneously are declared and a sum sufficient for the payment of those dividends Dividends has been or is set aside for the benefit of the Holders, the Company may not declare any cash dividend on, or make any cash distributions relating to, Junior Stock or Parity Stock, or redeem, purchase, acquire (either directly or through any Subsidiary) or make a liquidation payment relating to, any Junior Stock or Parity Stock, other than: