Restrictions on Certain Payments. If at any time (a) there shall have occurred any event of which the Company has actual knowledge that (i) with the giving of notice or the lapse of time, or both, would constitute an Event of Default and (ii) in respect to which the Company shall not have taken reasonable steps to cure, or (b) the Company shall have given notice of its election of an Extended Interest Payment Period as provided herein with respect to the Junior Subordinated Debentures and shall not have rescinded such notice, or such Extended Interest Payment Period, or any extension thereof, shall be continuing; or (c) while the Junior Subordinated Debentures are held by the Trust, the Company shall be in default with respect to its payment of any obligation under the Preferred Securities Guarantee, then the Company will not (i) declare or pay any dividends or distributions on, or redeem, purchase, acquire, or make a liquidation payment with respect to, any of the Company's capital stock or (ii) make any payment of principal, interest or premium, if any, on or repay, repurchase or redeem any debt securities of the Company (including the Junior Subordinated Debentures) that rank pari passu with or junior in interest to the Junior Subordinated Debentures or make any guarantee payments with respect to any guarantee by the Company of the debt securities of any Subsidiary of the Company if such guarantee ranks pari passu or junior in interest to the Junior Subordinated Debentures (other than (A) dividends or distributions in common stock, (B) any declaration of a dividend in connection with the implementation of a shareholders' rights plan, or the issuance of stock under any such plan in the future or the redemption or repurchase of any such rights pursuant thereto, (C) payments under the Preferred Securities Guarantee and (D) purchases of common stock related to the issuance of common stock or rights under any of the Company's benefit plans for its directors, officers or employees).
Restrictions on Certain Payments. 21 5.07 COVENANTS AS TO THE TRUST..................................22 ARTICLE VI - SECURITYHOLDERS' LISTS AND REPORTS BY THE COMPANY AND THE TRUSTEE.............................................................22
Restrictions on Certain Payments. (a) While this ORDER is in effect, the Bank shall not declare or pay dividends or bonuses without the prior written approval of the Regional Director. All requests for prior approval shall be received at least 30 days prior to the proposed dividend or bonus payment declaration date (at least 5 days with respect to any request filed within the first 30 days after the date of this ORDER) and shall contain, but not be limited to, an analysis of the impact such dividend or bonus payment would have on the Bank’s capital, income, and/or liquidity positions.
Restrictions on Certain Payments. The Company will not and will not permit any of its Subsidiaries to,
Restrictions on Certain Payments. Make any payments (whether voluntary or mandatory, or a prepayment, redemption, retirement, defeasance or acquisition) with respect to any Subordinated Debt, except regularly scheduled payments of principal, interest and fees, but only to the extent permitted under any subordination agreement relating to such Debt (and a Senior Officer of Borrower Agent shall certify to Agent, not less than five Business Days prior to the date of payment, that all conditions under such agreement have been satisfied), provided, however, that the Borrowers may incur Refinancing Debt and use the proceeds thereof to repay the Subordinated Debt in full.
Restrictions on Certain Payments. 16 5.7 Covenants as to the Trust. . . . . . . . . . . . . . . . . . .16
Restrictions on Certain Payments. The Investor acknowledges and agrees that, pursuant to the provisions of the Credit Agreement, the Company will be prohibited from (a) paying or declaring any dividends on or with respect to the Shares (except for dividends payable solely in stock of the Company) or (b) redeeming, retiring, purchasing or otherwise acquiring any of the Shares until such time as all indebtedness under the Credit Agreement, and any extensions, renewals or refinancings thereof, has been repaid in full, without, in any case, obtaining the prior written consent of Lender.
Restrictions on Certain Payments. The Issuer shall not pay dividends, make distributions, incur Indebtedness (other than the Debentures and any Add On Debentures) or repurchase its or the Guarantor’s securities (other than the Debentures and any Add On Debentures).
Restrictions on Certain Payments. The Company agrees that if (i) an event has occurred that with the giving of notice or the lapse of time, or both, would constitute an Event of Default and the Company has not taken commercially reasonable steps to cure the event (a "POTENTIAL EVENT OF DEFAULT") or (ii) the Company has given notice of its intention to begin an Extended Interest Payment Period pursuant to Section 5.02 and has not rescinded the notice or any Extended Interest Payment Period is continuing, then the Company will not and will not permit any of its Subsidiaries to do any of the following (each, a "RESTRICTED PAYMENT"):
Restrictions on Certain Payments. The Investor acknowledges and agrees that, pursuant to the provisions of the Loan and Security Agreement dated as of September 28, 2005 (as amended, and as hereafter amended from time to time, the “SVB Loan Agreement”) among the Company, Vertical Communications Acquisition Corp. and SVB, the Company will be prohibited from (a) paying or declaring any dividends on or with respect to the Conversion Shares (except for dividends payable solely in stock of the Company) or (b) redeeming, retiring, purchasing or otherwise acquiring any of the Conversion Shares until such time as all indebtedness under the SVB Loan Agreement, and any extensions, renewals or refinancings thereof, has been repaid in full, without, in any case, obtaining the prior written consent of SVB.
