Restrictions to Payment of Dividends beyond the Parties' Control Clause Samples

Restrictions to Payment of Dividends beyond the Parties' Control. In the event of regulatory or other kind of restrictions are imposed on the payment of Dividends, the Parties shall make their best efforts so that BP maintains said compensation to its shareholders, in accordance with the rules in force at that time and securing equal treatment to all of BP's shareholders, taking into account, but not limited to, the following mechanisms without any of them taking precedence over another, seeking to implement the alternative that is most profitable to the shareholders: (i) payment of cash dividends at the time of lifting of the restriction, in an amount equivalent to the amounts of unpaid dividends, adjusted at the Badlar rate between the date on which payment was due and the date of actual payment; (ii) payment of dividends in common stock at the time the restriction is imposed; (iii) payment of cash dividends at the time the restriction is lifted, in an amount equivalent to the unpaid dividends, without any adjustment; or (iv) other lawful means that are available and acceptable to the Parties. In the event that on the payment date of such Dividends the Minority Shareholders are no longer holders of the Shares because the Options have been exercised and closed, then the Majority Shareholder shall, on or before the payment date of such Dividends, assign the right to collect said Dividends in favor of the Minority Shareholders.