Restricted Payments and Restricted Investments. (1) Declare or make, or incur any liability to make any Restricted Payments or Restricted Investments, except:
Restricted Payments and Restricted Investments. (a) The Company will not, and will not permit any Restricted Subsidiary to, declare or make any Restricted Payment or make any Restricted Investment unless:
Restricted Payments and Restricted Investments. The Company will not, and will not permit any of its Restricted Subsidiaries to, declare or make, or incur any liability to declare or make, any Restricted Payment or Restricted Investment unless immediately after giving effect to such action, no Default or Event of Default would exist.
Restricted Payments and Restricted Investments. (a) The Company will not, and will not permit any of its Subsidiaries to, declare, make or incur any liability to declare or make any Restricted Payment or any Restricted Investment unless, immediately prior, and immediately after giving effect, to the making of such Restricted Payment or Restricted Investment, no Default or Event of Default would exist and, with respect to Restricted Payments, immediately after giving effect to such action, the aggregate amount of such Restricted Payments of the Company and its Subsidiaries declared or made during the period commencing on September 30, 2004, and ending on the date such Restricted Payment is declared or made, inclusive, would not exceed the sum of:
Restricted Payments and Restricted Investments. The Tenant will not, directly, or indirectly through a Subsidiary or otherwise, declare, order, pay, make or set apart any sum or property for any Restricted Payment and the Tenant will not and will not permit any Restricted Subsidiary to make or become obligated to make any Restricted Investment, in each case unless, both at the time of the proposed action and immediately after giving effect thereto, (x) no condition or event shall exist which constitutes a Default or an Event of Default; and (y) the aggregate amount of:
Restricted Payments and Restricted Investments. No Obligor shall, directly or indirectly, (a) make any Restricted Investments, or (b) 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 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 applicable 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 or 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 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 (b) 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 Restricted Investments. The Company shall not, and shall not permit any Restricted Subsidiary to, directly or indirectly:
Restricted Payments and Restricted Investments. Make any Restricted Payment or Restricted Investment or permit any of its Restricted Subsidiaries to make any Restricted Payment or Restricted Investment; provided, however, that Holdings or any Restricted Subsidiary may make a Restricted Payment or a Restricted Investment if, immediately after giving effect to such Restricted Payment or Restricted Investment, (a) no Event of Default or Potential Default shall exist or result therefrom and (b)(i) the sum of the aggregate amount of Restricted Payments and Restricted Investments made by the Borrowers and their Restricted Subsidiaries since the Original Closing Date and made since February 8, 1994 by Holdings and any of its Restricted Subsidiaries which were not Restricted Subsidiaries as of the Original Closing Date and the amount of such proposed Restricted Payment or Restricted Investment would not exceed an amount equal to 50% of Borrowers' Consolidated Net Income for the entire period from and including January 1, 1992 to the date of making such proposed Restricted Payment or Restricted Investment, plus, in the case of any proposed Investment in a Subsidiary of Holdings, an aggregate amount not to exceed Two Million
Restricted Payments and Restricted Investments. (a) The Company will not, and will not permit any of its Subsidiaries to, declare, make or incur any liability to declare or make any Restricted Payment or any Restricted Investment except that (i) any Subsidiary may declare and make Restricted Payments to its parent and (ii) the Company may make Restricted Payments and Restricted Investments if, immediately prior, and immediately after giving effect, to the making of such Restricted Payment or Restricted Investment, no Default or Event of Default would exist and, with respect to Restricted Payments, immediately after giving effect to such action, the aggregate amount of such Restricted Payments of the Company and its Subsidiaries declared or made during any fiscal year would not exceed $15,000,000 minus the amount of the aggregate Unused Restricted Payment Allowance allocated to the Carryforward Capital Expenditure Basket as provided in subsection (b) below, provided, however, if the Company is in compliance with the Fixed Charge Coverage Ratio for the fiscal quarter ended October 3, 2007 set forth in Section 10.4, the aggregate amount of such Restricted Payments of the Company and its Subsidiaries declared or made during the period commencing with the first day of fiscal year 2008 and ending on the date such Restricted Payment is declared or made, inclusive, shall not exceed the sum of:
Restricted Payments and Restricted Investments. (a) No Credit Party will, directly or indirectly, make any Restricted Payment.
