Waiver of Dividends and Interest Payments Sample Clauses

Waiver of Dividends and Interest Payments a. The Holders hereby irrevocably and unconditionally waive all rights they hold to receive (i) Accruing Series D Dividends (as defined in the Series D Certificate of Designation), (ii) Accruing Series G Dividends (as defined in the Series G Certificate of Designation) and (iii) any interest and any other rights accruing to them by reason of the failure of the Company to pay such dividends pursuant to the terms of the Series D Certificate of Designation, the Series G Certificate of Designation or any other agreement between the Company and any of the Holders with respect to the payment of the Accruing Series D Dividends or the Accruing Series G Dividends. This waiver applies to all such dividends, interest and other rights linked to the payment of dividends that would accrue or be paid on or after September 30, 2012, together with any such dividends, interest, or rights linked to the payment of dividends that have accrued but have not been paid as of that date. The parties understand and acknowledge that the waiver in this Section 1 (a) does not apply to any dividend or interest payments that were actually paid to any Holder prior to September 30, 2012.
Sample 1
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Waiver of Dividends and Interest Payments. During any period in which the Restricted Shares have not fully become Unrestricted Shares pursuant to Section 1.1 and have not been cancelled for no consideration pursuant to Section 1.2, the Holder hereby irrevocably and unconditionally waives all rights to receive (i) dividends on the Restricted Shares and (ii) any interest and any other rights accruing to them by reason of the failure of Parent to pay such dividends pursuant to the terms of Parent’s Amended and Restated Certificate of Incorporation or any other agreement between Parent and its stockholders with respect to the payment of dividends. This waiver applies to all such dividends, interest and other rights linked to the payment of dividends that would accrue or be paid on or after the date of issuance of the Restricted Shares, together with any such dividends, interest, or rights linked to the payment of dividends that have accrued but have not been paid as of that date. For the avoidance of doubt, the Holder shall not be entitled to any dividends or distributions that may have accrued or may be paid on the Restricted Shares before such Restricted Shares have become Unrestricted Shares.
Sample 1

Related to Waiver of Dividends and Interest Payments

  • Voting Rights; Dividends and Interest, etc (a) Unless and until an Event of Default shall have occurred and be continuing:

  • Voting Rights; Dividends and Interest (a) Unless and until an Event of Default shall have occurred and be continuing and the Collateral Agent shall have notified the Borrower that the rights of the Grantors under this Section 2.06 are being suspended:

  • Adjustments for Certain Dividends and Distributions If the Maker shall at any time or from time to time after the Issuance Date, make or issue or set a record date for the determination of holders of Common Stock entitled to receive a dividend or other distribution payable in shares of Common Stock, then, and in each event, the applicable Conversion Price in effect immediately prior to such event shall be decreased as of the time of such issuance or, in the event such record date shall have been fixed, as of the close of business on such record date, by multiplying, the applicable Conversion Price then in effect by a fraction:

  • Adjustment for Certain Dividends and Distributions In the event the Company at any time, or from time to time after the Original Issue Date shall make or issue, or fix a record date for the determination of holders of Common Stock entitled to receive, a dividend or other distribution payable in additional shares of Common Stock, then and in each such event the Purchase Price then in effect immediately before such event shall be decreased as of the time of such issuance or, in the event such a record date shall have been fixed, as of the close of business on such record date, by multiplying the Purchase Price then in effect by a fraction:

  • Payment of Dividends Any dividend or other distribution payable in cash in respect of shares may be paid by cheque, made payable to the order of the person to whom it is sent, and mailed to the address of the shareholder, or in the case of joint shareholders, to the address of the joint shareholder who is first named on the central securities register, or to the person and to the address the shareholder or joint shareholders may direct in writing. The mailing of such cheque will, to the extent of the sum represented by the cheque (plus the amount of the tax required by law to be deducted), discharge all liability for the dividend unless such cheque is not paid on presentation or the amount of tax so deducted is not paid to the appropriate taxing authority.

  • Notice of Dividends, etc.; Fixing Record Date for Holders of Receipts Whenever any cash dividend or other cash distribution shall become payable or any distribution other than cash shall be made, or if rights, preferences or privileges shall at any time be offered, with respect to the Series C Preferred Stock, or whenever the Depositary shall receive notice of any meeting at which holders of the Series C Preferred Stock are entitled to vote or of which holders of the Series C Preferred Stock are entitled to notice, or whenever the Depositary and the Corporation shall decide it is appropriate, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date fixed by the Corporation with respect to or otherwise in accordance with the terms of the Series C Preferred Stock) for the determination of the Holders of Receipts who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, or to give instructions for the exercise of voting rights at any such meeting, or who shall be entitled to notice of such meeting or for any other appropriate reasons.

  • Adjustments for Other Dividends and Distributions In the event the Company at any time or from time to time after the Original Issue Date shall make or issue, or fix a record date for the determination of holders of Common Stock entitled to receive, a dividend or other distribution payable in securities of the Company (other than shares of Common Stock) or in cash or other property (other than regular cash dividends paid out of earnings or earned surplus, determined in accordance with generally accepted accounting principles), then and in each such event provision shall be made so that the Registered Holder shall receive upon exercise hereof, in addition to the number of shares of Common Stock issuable hereunder, the kind and amount of securities of the Company, cash or other property which the Registered Holder would have been entitled to receive had this Warrant been exercised on the date of such event and had the Registered Holder thereafter, during the period from the date of such event to and including the Exercise Date, retained any such securities receivable during such period, giving application to all adjustments called for during such period under this Section 2 with respect to the rights of the Registered Holder.

  • Notice of Dividends; Fixing of Record Date for Holders of Receipts Whenever any cash dividend or other cash distribution shall become payable, any distribution other than cash shall be made, or any rights, preferences or privileges shall at any time be offered, with respect to the deposited Preferred Stock, or whenever the Depositary shall receive notice of (i) any meeting at which holders of such Preferred Stock are entitled to vote or of which holders of such Preferred Stock are entitled to notice or (ii) any election on the part of the Company to redeem any shares of such Preferred Stock, the Depositary shall in each such instance fix a record date (which shall be the same date as the record date fixed by the Company with respect to the Preferred Stock) (the “record date”) for the determination of the holders of Receipts who shall be entitled to receive such dividend, distribution, rights, preferences or privileges or the net proceeds of the sale thereof, to give instructions for the exercise of voting rights at any such meeting or to receive notice of such meeting or whose Depositary Shares are to be so redeemed.

  • Dividends and Redemptions 70 8.12 Transactions with Affiliates ......................................................... 70 8.13

  • Limitations on Dividends and Distributions Declare or pay any dividends upon any of its Capital Stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stock, or make any change in its capital structure which such change in its capital structure could reasonably be expected to have a Material Adverse Effect; provided that:

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