No Dividend Restrictions. No subsidiary of the Company is currently prohibited, directly or indirectly, from paying any dividends to the Company, from making any other distribution on such subsidiary’s capital stock, from repaying to the Company any loans or advances to such subsidiary from the Company or from transferring any of such subsidiary’s property or assets to the Company or any other subsidiary of the Company.
No Dividend Restrictions. Except as set forth in Schedule 3.14 or as permitted by this Agreement, there are no contractual or regulatory restrictions limiting the ability of any Operating Company from making distributions, dividends or other return on capital to the Borrower in an amount sufficient to satisfy the Obligations under the Financing Documents.
No Dividend Restrictions. The Borrower shall not permit any of its Subsidiaries to enter into any agreement or otherwise create or cause or permit to exist or become effective any consensual restriction limiting the ability (whether by covenant, event of default or otherwise) of such Subsidiary to (i) pay dividends or make any other distributions on shares of such Subsidiary’s capital stock held by the Borrower or any other Subsidiary of the Borrower or (ii) pay any other obligation owed to the Borrower or any other Subsidiary of the Borrower, provided, however, that this clause (ii) shall not apply to Permitted Restrictive Covenants.
No Dividend Restrictions. Neither the Company nor any wholly-owned Material Subsidiary of the Company is a party to, nor will any wholly-owned Material Subsidiary of the Company become a party to, any agreement prohibiting or restricting the payment of dividends.
No Dividend Restrictions. Except as set forth in Schedule 3.14 or as restricted by applicable law, any Governmental Authority or this Agreement, there are no restrictions (contractual or regulatory) limiting the ability of the Subsidiaries of the Borrower from making distributions, dividends or other return on capital to the Borrower in an amount sufficient to satisfy the Obligations under the Loan Documents.
No Dividend Restrictions. No material Subsidiary of either Borrower or Guarantor shall agree to or permit to exist, any restrictions or limitations on the declaration or payment of Dividends.
No Dividend Restrictions. The Borrower shall not permit any of its Subsidiaries to enter into any agreement or otherwise create or cause or permit to exist or become effective any consensual restriction limiting the ability (whether by covenant, event of default or otherwise) of such Subsidiary to (i) pay dividends or make any other distributions on shares of such Subsidiary’s capital stock held by the Borrower or any other Subsidiary of the Borrower or (ii) pay any obligation owed to the Borrower or any other Subsidiary of the Borrower, provided, however, that this clause (ii) shall not apply to (A) Permitted Restrictive Covenants or (B) Contracts to which the Utility is a party or consensual restrictions between the Utility and any Governmental Authority regulating the Utility, but only (1) to the extent such Contracts or restrictions set rates that the Utility may charge its customers (including the inclusion or exclusion of assets in the Utility’s rate base) or (2) such Contracts or restrictions that are primarily intended by such Governmental Authority to limit the ability of the Utility to pay dividends or make any other distributions on shares of its capital stock held by the Borrower or any other Subsidiary of the Borrower or pay any obligation owed to the Borrower or any other Subsidiary of the Borrower and which do not restrict the Utility’s ability to make payments of, or pay any obligation owed to the Borrower or any other Subsidiary of the Borrower out of or from, amounts otherwise available for such payments under applicable law other than as a result of a general reduction of net income of the Utility or any if its Subsidiaries.
No Dividend Restrictions. Borrower shall not permit any of its Significant Subsidiaries to create, assume or suffer to exist, any contractual, legal or other restriction that specifically prohibits or limits the payment of dividends by any such Significant Subsidiaries; provided, that the foregoing provision shall not apply to (i) Significant Subsidiaries that are regulated public utilities, to the extent that the agencies charged with regulating them (as public utilities) may specifically prohibit or limit dividend payments, (ii) restrictions that apply to Significant Subsidiaries that were acquired as Subsidiaries after the date hereof, if such Significant Subsidiaries were subject to such restrictions at the time of acquisition and if such restrictions do not extend to Borrower or any other Significant Subsidiary, or (iii) the existence and operation of financial covenants, such as maximum debt to net worth or minimum working capital ratios, as long as they do not specifically prohibit or restrict dividend payments.
No Dividend Restrictions. There is not, in the articles, by-laws or in any Material Contract, any restriction upon, or impediment to, the declaration or payment of dividends by the Company to the holders of Common Shares, except for the dividend restrictions under the Amended Revolving Facility.
No Dividend Restrictions. No Material Subsidiary of the Borrower is a party to, nor will any wholly-owned Material Subsidiary of the Borrower become a party to, any agreement prohibiting or restricting the payment of dividends.
