Restricted Payments; Investments. The Company will not declare or make or permit to be declared or made:
Restricted Payments; Investments. 37 9.6. Affiliate Loans and Guaranties......................................................37 9.7. Transactions with Affiliates........................................................38 9.8. Liens...............................................................................38 9.9. Private Placement Status............................................................38 9.10. Maintenance of Public Market........................................................39 9.11. Actions Prior to the Closing Date...................................................39
Restricted Payments; Investments. Without the prior written consent of the holders of a majority of the total outstanding shares of Series E-1 Preferred Stock and Series E-2 Preferred Stock combined, the Company will not declare or make or permit to be declared or made any Restricted Payment (as defined in the Stock Purchase Agreement) or any Investment (as defined in the Stock Purchase Agreement).
Restricted Payments; Investments. Neither the Company nor any Subsidiary will, except in furtherance of its right to effect intercompany transfers pursuant to Section 9.2 hereof, declare or make or permit to be declared or made any Restricted Payment or any Investment; provided, however, that the Company and the Subsidiaries may make (a) the Investment required in respect of The Tower Hill Receivables Financing (as limited in the definition thereof), (b) pursuant to the Gulkin Transaction, Investments and Restricted Payments up to, but not in excess of, $2,100,000 in the aggregate, (c) Restricted Payments to redeem or purchase the minority interests in Quaker City, provided that any such Restricted Payments shall not exceed an aggregate of $1,400,000, and (d) Permitted Acquisitions collectively aggregating in any fiscal year subsequent to fiscal year 1996 an amount not to exceed $2,000,000.
Restricted Payments; Investments. No Loan Party will, nor will it permit any Designated Affiliate to, make, declare, or pay any dividend, distribution, or other amount on account of the equity interests of such Loan Party or Designated Affiliate, provided that so long as no Event of Default exists, distributions in an aggregate amount not greater than the amount necessary for each member or partner of such Loan Party or Designated Affiliate, as applicable, to pay their tax obligations attributable to such Loan Party or Designated Affiliate, but only to the extent of such actual tax liability. No Loan Party shall make any loan or advance to or investment in any other Person unless consented to by the Lender.
Restricted Payments; Investments. (a) Make any Restricted Payment (other than any distribution from Aspen RI to Parent); or (b) directly or indirectly make any Investment (including, without limitation, any additional Investment in any Subsidiary), other than a Permitted Investment.
Restricted Payments; Investments. Neither the Company nor any of its Subsidiaries will declare or make or permit to be declared or made: (ai any Restricted Payment; or (bi any Investment.
Restricted Payments; Investments. 31 8.2. Sale of Substantial Portion of Assets....................... 31 8.3. No Change in Business; Subsidiary Assets...................................................... 31 8.4. Maintenance of Public Market................................ 32 8.5. Consolidation; Merger and Sale.............................. 32 8.6. Indebtedness................................................ 32 8.7. Liens. .................................................... 33 8.8. Stock Options............................................... 33
Restricted Payments; Investments. Without the prior consent of the Requisite Forbearing Noteholders (which consent will not be unreasonably withheld), the Company will not, and will not permit any Subsidiary to, make any Investment or Restricted Payment of any kind, provided that the following shall be permitted: (i) Investments in cash and Cash Equivalents, (ii) advances deemed to exist in connection with intercompany obligations owed by Dxxx to the Company in connection with lease obligations and other similar obligations between the Company and Dxxx; (iii) any endorsement of a check or other medium of payment for deposit or collection, or any similar transaction in the normal course of business; (iv) the acquisition and holding of receivables and similar items owing in the ordinary course of business and payable or dischargeable in accordance with customary trade terms; (v) any securities received in connection with the bankruptcy or reorganization of any lessee or obligor under any portfolio investment and in settlement of delinquent obligations of, and other disputes with, lessees or obligors under any portfolio investment arising in the ordinary course of business; and (vi) investments existing as of the Effective Date.
Restricted Payments; Investments. (a) (i) Make any distribution or declare or pay any Dividends (in cash or other property, other than Stock (other than Disqualified Capital Stock)) on, or purchase, acquire, redeem or retire, any Stock, of any class, whether now or hereafter outstanding, or(ii) voluntarily prepay any Indebtedness subordinated in right of payment to the Loans or (iii) make any payment in respect of any earn-out obligation or similar contingent payment obligation or make any Investment other than a Permitted Investment (clauses (i), (ii) and (iii) collectively, “Restricted Payments”).
