Common use of Upstream Payment Clause in Contracts

Upstream Payment. (a) a Distribution by a Subsidiary of an Obligor to such Obligor or (b) a Distribution by a non-Obligor Subsidiary of Parent to any other Person that owns a direct Equity Interest in such Subsidiary, including any Obligor, ratably according to their respective holdings of the type of Equity Interest in respect of which such Distribution is being made.

Appears in 2 contracts

Sources: Loan Agreement (Guess Inc), Loan Agreement (Guess Inc)

Upstream Payment. (a) a Distribution by a Subsidiary of an to any Obligor or any Obligor to such another Obligor or (b) and, in the case of a Distribution by a non-Obligor Subsidiary of Parent wholly-owned Subsidiary, to any Obligor and any Subsidiary and to each other Person that owns owner of capital stock or other equity interests of such Subsidiary on a direct Equity Interest in such Subsidiary, including any Obligor, ratably according to pro rata basis based on their respective holdings of the type of Equity Interest in respect of which such Distribution is being maderelative ownership interests).

Appears in 1 contract

Sources: Loan and Security Agreement (Ashworth Inc)

Upstream Payment. (a) a Distribution by a Subsidiary of an Obligor to such Obligor or Obligor, (b) a Distribution by an Obligor to its Obligor parent, or (c) a non-Obligor Subsidiary of Parent Distribution by the Company to any other Person that owns a direct Equity Interest pay cash dividends to its shareholders, so long as the Specified Transaction Conditions applicable to such Upstream Payment in such Subsidiary, including any Obligor, ratably according to their respective holdings of the type of Equity Interest described in respect of which such Distribution is being madethis clause (c) shall have been satisfied in connection therewith.

Appears in 1 contract

Sources: Loan and Security Agreement (Ameriquest, Inc.)