Restricted Payments and Investments. Any Borrower or any Subsidiary may make Investments permitted by Section 8.08 and Restricted Payments permitted by Section 8.09.
Restricted Payments and Investments. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, redeem, defease, repurchase, repay or make any payments in respect of, by the payment of cash or cash equivalents (in whole or in part, whether by way of open market purchases, tender offers, private transactions or otherwise), all or any portion of any Indebtedness (other than the Notes) whether by way of payment in respect of principal of (or premium, if any) or interest on, such Indebtedness or make any Investment, as applicable, if at the time such payment with respect to such Indebtedness and/or Investment, as applicable, is due or is otherwise made or, after giving effect to such payment, (i) an event constituting an Event of Default has occurred and is continuing or (ii) an event that with the passage of time and without being cured would constitute an Event of Default has occurred and is continuing.
Restricted Payments and Investments. (i) Declare or pay, directly or indirectly, or otherwise make any Restricted Payment or set apart any sum for the aforesaid purposes or (ii) purchase or make any Investments, except:
Restricted Payments and Investments. No Related Person will incur any Liability to make any Investment in any Restricted Subsidiary which is obligated for Non-Recourse Indebtedness. No Related Person will make any Investment in any Restricted Subsidiary which is obligated for Non-Recourse Indebtedness at any time when, either immediately before or after giving effect to such Investment, any Borrowing Base Deficiency, Default under Section 5.2, or Event of Default would exist. No Related Person will declare, make or incur any Liability to make any Restricted Payment or any Restricted Investment (including the sale, issuance or entering into of any Allowed Put), unless both immediately before and after giving effect to such action:
Restricted Payments and Investments. The Company will not, and will not permit any Restricted Subsidiary to, make any Restricted Payment or Restricted Investment if at the time of making the same and after giving effect thereto (A) any Default or Event of Default exists or would exist or (B) the Net Amount of Restricted Payments and Investments would exceed the sum of (1) $75,000,000, plus (2) the greater of (i) 50% of the Net Income (if positive ) of the Company and its Restricted Subsidiaries for each fiscal year subsequent to December 31, 2000 (the “Net Income Account”), provided, that, if Net Income of the Company and its Restricted Subsidiaries for any fiscal year subsequent to December 31, 2000 shall be negative, 50% of such negative amount shall be subtracted from the Net Income Account, but only to the extent, if any, that the Net Income Account exceeds zero, and (ii) $25,000,000 for each fiscal year subsequent to December 31, 2000, plus (3) the Net Issuance Proceeds of any New Equity issued after the date hereof. For purposes of the foregoing, the “Net Amount of Restricted Payments and Investments” as of any date of determination shall mean the sum of all Restricted Payments and Restricted Investments (valued at cost) made after December 31, 2000 made by the Company and its Restricted Subsidiaries, less any return of capital (but not any earnings thereon) received by the Company or any Restricted Subsidiary in respect of any such Restricted Investment.
Restricted Payments and Investments. (i) Declare or pay any dividend on, or make any payment on account of, or set apart assets for a sinking or other analogous fund for, the purchase, redemption, defeasance, retirement or other acquisition of, any Equity Interests of the Parent Borrower or any Subsidiary, whether now or hereafter outstanding, or make any other distribution in respect thereof, either directly or indirectly, whether in cash or property or in obligations of the Parent Borrower or any Subsidiary, or enter into any derivatives or other transaction with any financial institution, commodities or stock exchange or clearinghouse (a “Derivatives Counterparty”) obligating the Parent Borrower or any Subsidiary to make payments to such Derivatives Counterparty as a result of any change in market value of any such Equity Interests (collectively, “Restricted Payments”) or (ii) make or permit to exist any Investments (including by way of Division), except that:
Restricted Payments and Investments. (a) The Credit Parties will not, directly or indirectly, make any Restricted Payment, except:
Restricted Payments and Investments. The provisions of the New Notes Indenture regarding Restricted Payments and Permitted Investments shall be consistent with the terms of the Existing Notes Indenture except as follows: • The general Restricted Payments basket (Section 4.07(b)(xiv) under the Existing Notes Indenture) shall be $10,000,000; provided, that the amount available under the general Restricted Payments basket shall increase by the amount of Cash Tender Cap not used in connection with the Cash Tender Option. • The amount of Equity Interests permitted to be repurchased from officers, directors and employees (Section 4.07(b)(v) under the Existing Notes Indenture) shall be reduced to $1,000,000 (from $5,000,000) in any twelve-month period and the amount of unutilized capacity from the preceding twelve-month period available for carry over into the next twelve-month period shall be reduced to $1,000,000 (from $5,000,000).In addition, the Company shall be permitted to make all payments of interest on the non-exchanged Existing Notes and of principal and accrued interest upon the maturity date of the non-exchanged Existing Notes.Any repurchase, redemption, defeasance or other acquisition or retirement for cash of the Existing Notes, in each case at the option of the Company, occurring on or after the date of the New Notes Indenture constituting a Restricted Payment shall be for consideration in an aggregate principal amount not to exceed 55% of par, plus accrued and unpaid interest thereon. The Company shall not voluntarily repurchase, redeem, defease or otherwise acquire or retire Existing Notes after the date of the New Notes Indenture from holders known by the Company to be affiliates unless such repurchase, redemption, defeasement, acquisition or retirement is made available to all holders of the Existing Notes on the same basis.
Restricted Payments and Investments. No Obligor shall, directly or indirectly, (a) make any Investment other than a Permitted Investment, or (b) declare or pay any dividend (other than dividends payable solely in common stock of such Obligor or dividends by the Issuer on the Series A Preferred Stock payable in Series A Preferred Stock, provided, that no Default -------- or Event of Default shall have occurred and be continuing at the time, or shall occur as a result, of any of the payments above) on, or make any payment on account of, or set apart assets for a sinking or other analogous fund for, the purchase, redemption, defeasance, retirement or other acquisition of, any shares of any class of capital stock of any Obligor or any warrants, options or rights to purchase any such capital stock, whether now or hereafter outstanding, or make any other distribution in respect thereof, either directly or indirectly, whether in cash or property or in obligations of an Obligor or any of its Subsidiaries (each a "RESTRICTED PAYMENT"); provided, however, that, to the -------- ------- extent permitted by Governing Law any Subsidiary of an Issuer may make Restricted Payments to the Issuer; provided, further, that the Issuer may -------- -------- purchase either assets or capital stock with Common Stock so long as no Default of Event of Default shall have occurred and be continuing at the time, or shall occur as a result of such purchase after giving pro forma effect to such --------- purchase. Notwithstanding the foregoing, the above limitation shall not prevent (a) the consummation of the Acquisition; (b) the purchase, redemption, acquisition or retirement of any shares of capital stock of the Issuer in exchange for, or out of the net proceeds of the substantially concurrent sale (other than to a Guarantor) of, other shares of stock of the Issuer; and (c) purchases of common stock by the Issuer or a trust pursuant to any employee stock ownership or similar employee benefit plan of the Issuer that has been approved by the Board of Directors of the Issuer.
Restricted Payments and Investments. The Company covenants that it will not, and will not permit any Restricted Subsidiary to, (a) pay or declare any dividend on any class of the Company's stock now or hereafter outstanding, or (b) make any other distribution on account of any class of stock of the Company, or (c) redeem, purchase or otherwise acquire, directly or indirectly, any shares of stock of the Company now or hereafter outstanding, or (d) pay principal of or any premium on Subordinated Notes, or (e) purchase or otherwise acquire, directly or indirectly, any Subordinated Note (all of the foregoing being herein called "RESTRICTED PAYMENTS"), or ...".
