Distributions and Restricted Payments. The Borrower shall not, and shall not permit the Parents or any Restricted Subsidiary to, make any Restricted Payments, other than any Restricted Payment in the form of a Distribution made by any Restricted Subsidiary to any other Restricted Subsidiary or to the Borrower, and other than (a) so long as (i) there exists no Default or Event of Default both before and after giving effect to any such Restricted Payment, (ii) the Total Leverage Ratio is less than 5.00 to 1.00 both before and after giving effect to any such Restricted Payment and (iii) the date of such Restricted Payment is after September 30, 2000, Restricted Payments made exclusively out of Excess Cash Flow up to a maximum amount of the difference between $15,000,000 in the aggregate over the term of this Agreement, minus the aggregate amount of Investments made in accordance with the terms of Section 7.10(e) hereof over the term of this Agreement, (b) so long as there exists no Default or Event of Default both before and after giving effect to any such Restricted Payment, the Borrower may make Restricted Payments in the form of Distributions to GCII in an amount not in excess of cash income Taxes attributable to income from the Borrower and its Restricted Subsidiaries (and GCII may make Restricted Payments in such amounts in the form of Distributions to GCI), and scheduled cash interest payments required to be paid by GCII under the Senior Notes, and GCII may make Restricted Payments in the form of (and not in excess of) scheduled cash interest payments required to be paid by GCII under the Senior Notes, provided that, the Lenders agree that in no event shall the opening phrase of this subsection (b) prohibit the payment of any such Distribution by the Borrower or payment of interest by GCII on the Senior Notes for more than 180 consecutive days in any consecutive 360-day period, unless there exists an Event of Default under Section 8.01(a) hereof (whether by acceleration or otherwise), (c) so long as there exists no Default or Event of Default both before and after giving effect to the payment thereof, payment of Management Fees and amounts due under the Transponder Purchase Agreement for Galaxy X referred to in Section 7.18 hereof, (d) so long as there exists no Default or Event of Default both before and after giving effect to any such Restricted Payment, the Borrower or any other GCI Entity (i) may make Restricted Payments on Funded Debt incurred in accordance with the terms of Sections 7....
Distributions and Restricted Payments. Company shall not, and shall not permit any Subsidiary to, make any Restricted Payments, except that, notwithstanding the immediately preceding subsection, Company may (a) pay Permitted Distributions unless a Default or Event of Default shall exist or would be caused thereby, in which case Company may only pay such Distributions as may be required to maintain the status of Company as a Real Estate Investment Trust under the Code and (b) establish a stock option plan for employees and directors of Company and, provided no Default or Event of Default shall exist or would be caused thereby, Company may repurchase Capital Stock of Company for the purpose of matching employee stock purchases in connection with Company's retirement plans.
Distributions and Restricted Payments. The Borrower shall not, and shall not permit the Parents or any Restricted Subsidiary to, make any Restricted Payments, other than any Restricted Payment in the form of a Distribution made by any Restricted Subsidiary to any other Restricted Subsidiary or to the Borrower, and except
Distributions and Restricted Payments. Borrower shall not, and shall not permit any Subsidiary to, make any Restricted Payments; provided that, so long as there exists no Default or Event of Default, and none shall result from such payment, (a) Borrower and the Subsidiaries may make payments of Management Fees, subject to the Subordination Agreement required by Section 4.01(e) hereof and (b) Borrower may make Distributions to Parent for the purpose of making payments pursuant to the NCC Note.
Distributions and Restricted Payments. No Company or Guarantor may directly or indirectly declare, make, or pay any Restricted Payment, other than:
Distributions and Restricted Payments. The Company and its Subsidiaries will not make any Distributions or Restricted Payments, other than dividends or payments:
Distributions and Restricted Payments. 52 6.8 Business...............................................................53 6.9 Transactions with Affiliates...........................................53 6.10
Distributions and Restricted Payments. 74 10.5. Merger, Acquisitions and Disposition of Assets....................................... 75 10.5.1. Mergers and Acquisitions................................................. 75 10.5.2. Disposition of Assets.................................................... 75 10.6. Sale and Leaseback................................................................... 75 10.7.
Distributions and Restricted Payments. The Company shall not make any Distributions or Restricted Payments except that it may make payments of principal and interest on the Note as provided in Section 3 hereof, and that the Company may make payments on dividends with respect to its Series A Preferred Stock and Series B Preferred Stock if such payments are required by the Certificates of Designation with respect thereto.
Distributions and Restricted Payments. No Company shall, directly or indirectly, declare, make, or pay any Distribution or Restricted Payment, other than:
