Permitted Restricted Payment definition
Permitted Restricted Payment means the any of the following:
Permitted Restricted Payment means:
Permitted Restricted Payment means any of the following:
Examples of Permitted Restricted Payment in a sentence
The Borrower shall not make any Permitted Restricted Payment at any time one or more Loans are outstanding (a) if any Default shall be continuing or would result therefrom, or (b) if immediately after giving effect thereto, (i) the aggregate principal amount of Loans outstanding would exceed the Borrowing Base, or (ii) the aggregate amount of Total Liabilities that are Senior Securities Representing Indebtedness would exceed 33 1/3% of Adjusted Net Assets.
The Borrower shall not make any Restricted Payment other than a Permitted Restricted Payment.
More Definitions of Permitted Restricted Payment
Permitted Restricted Payment means any Restricted Payment, other than a Restricted Payment (a) which would be outside of the ordinary course of business of the Borrower or (b) which would not be consistent with the Borrower’s past practices.
Permitted Restricted Payment means any of the following transactions: (a) any (i) dividend or other distribution (whether in cash, securities or other property) with respect to any of the Borrower’s capital stock or other equity interests issued by the Borrower, or (ii) payment (whether in cash, securities or other property) on account of the purchase, redemption, retirement, acquisition, cancellation or termination of any of the Borrower’s capital stock or other equity interests, in each of (i) and (ii), pursuant to and in accordance with stock option plans or other benefit plans (including with respect to performance shares issued in the ordinary course of business) for present or former officers, directors, consultants or employees of the Borrower in the ordinary course of business consistent with past practice; and (b) the payment of cash in lieu of the issuance of fractional shares in connection with the exercise of warrants, options or other securities convertible into or exercisable for any of the Borrower’s capital stock or other equity interests.
Permitted Restricted Payment means payments in cash in an amount equal to the compound portion of interest on any Inter-Company Deeply Subordinated Debt.
Permitted Restricted Payment means any Restricted Payment made with respect to any Equity Interests of the Borrower or any Subsidiary so long as (a) both immediately before and immediately after giving effect thereto, no Event of Default exists or shall have occurred as a result thereof, (b) the Borrower is in pro forma (as provided in Section 1.3) compliance with the financial covenants set forth in Section 8.7 as of the date of such Restricted Payment and (c) the amount of such Restricted Payment, when combined with the aggregate amount of all other Restricted Payments made during such Fiscal Year and prior to such Restricted Payment, shall not cause the Permitted Restricted Payment Limit in effect at the time of such Restricted Payment for such Fiscal Year to be exceeded.
Permitted Restricted Payment means a Restricted Payment made by Holdings and any of its Subsidiaries:
Permitted Restricted Payment means a Restricted Payment made or to be made in compliance with Clause 6.12(A)(6).
Permitted Restricted Payment means the payment or declaration of any dividend by the Company or the making by the Company of any other distribution or the consummation of an exchange offer, or any combination of the foregoing, which results in all or a portion of the Capital Stock of RPH being held by all or any portion of the shareholders of the Company (an "RPH Transaction"), it being understood that (i) if the Company and its Subsidiaries, after the date of this Indenture and prior to the date of an RPH Transaction, make Investments in RPH (in cash or assets) aggregating not more than $15,000,000, then such RPH Transaction shall continue to constitute a "Permitted Restricted 14 Payment" and (ii) if the Company or any Subsidiary makes an Investment in RPH, after the date of this Indenture and prior to the date of such RPH Transaction, that is not permitted by the foregoing clause (i), then such RPH Transaction shall not constitute a "Permitted Restricted Payment". For purposes of the foregoing, the value of any Investment of assets in RPH shall be based upon the fair market value thereof as determined by the Board of Directors of the Company, whose good faith determination shall be conclusive.