Contingencies. Before payment of any dividends or other distributions, there may be set aside out of any assets of the Corporation available for dividends or other distributions such sum or sums as the Board of Directors may from time to time, in its absolute discretion, think proper as a reserve fund for contingencies, for equalizing dividends, for repairing or maintaining any property of the Corporation or for such other purpose as the Board of Directors shall determine, and the Board of Directors may modify or abolish any such reserve.
Appears in 14 contracts
Samples: Subscription Agreement (HG Holdings, Inc.), Subscription Agreement (HG Holdings, Inc.), Subscription Agreement (HG Holdings, Inc.)
Contingencies. Before payment of any dividends or other distributions, there may be set aside out of any assets of the Corporation available for dividends or other distributions such sum or sums as the Board of Directors may from time to time, in its absolute discretion, think proper as a reserve fund for contingencies, for equalizing dividendsdividends or other distributions, for repairing or maintaining any property of the Corporation or for such other purpose as the Board shall determine to be in the best interest of Directors shall determinethe Corporation, and the Board of Directors may modify or abolish any such reserve.
Appears in 4 contracts
Samples: And Restated Agreement and Plan of Merger (Medley Capital Corp), Employment Agreement (Sierra Income Corp), Agreement and Plan of Merger (Sierra Income Corp)
Contingencies. Before payment of any dividends or other distributionsdividends, there may be set aside out of any assets funds of the Corporation available for dividends or other distributions such sum or sums as the Board of Directors may from time to time, in its their absolute discretion, think proper as a reserve fund for contingencies, for equalizing dividends, for repairing or maintaining any property of the Corporation or for such other purpose as the Board of Directors shall determine, determine to be in the best interest of the Corporation; and the Board of Directors may modify or abolish any such reservereserve in the manner in which it was created.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Prison Realty Trust Inc), Securities Purchase Agreement (Prison Realty Trust Inc), Securities Purchase Agreement (Prison Realty Trust Inc)
Contingencies. Before payment of any dividends dividend or other distributionsdistribution, there may be set aside out of any assets of the Corporation available for dividends or other distributions such sum or sums as the Board of Directors may from time to time, in its absolute discretion, think proper as a reserve fund for contingencies, for equalizing dividendsdividends or other distributions, for repairing or maintaining any property of the Corporation or for such other purpose as the Board of Directors shall determine, determine and the Board of Directors may modify or abolish any such reserve.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (NorthStar Real Estate Income II, Inc.), Limited Liability Company Agreement (Colony NorthStar, Inc.), Limited Liability Company Agreement (NorthStar Real Estate Income II, Inc.)
Contingencies. Before payment of any dividends or other distributions, there may be set aside out of any assets of the Corporation available for dividends or other distributions such sum or sums as the Board board of Directors directors may from time to time, in its absolute discretion, think proper as a reserve fund for contingencies, for equalizing dividends, for repairing or maintaining any property of the Corporation or for such other purpose as the Board board of Directors directors shall determine, and the Board board of Directors directors may modify or abolish any such reserve.
Appears in 2 contracts
Samples: Contribution Agreement (Phillips Edison Grocery Center Reit I, Inc.), Contribution Agreement (Phillips Edison Grocery Center Reit I, Inc.)
Contingencies. Before payment of any dividends or other distributions, there may be set aside out of any assets of the Corporation available for dividends or other distributions such sum or sums as the Board of Directors may from time to time, in its absolute discretion, think proper as a reserve fund for contingencies, for equalizing dividendsdividends or other distributions, for repairing or maintaining any property of the Corporation or for such other purpose as the Board of Directors shall determine, and the Board of Directors may modify or abolish any such reserve.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Varagon Capital Corp.), Agreement and Plan of Merger (CYS Investments, Inc.)
Contingencies. Before payment of any dividends dividend or other distributionsdistribution, there may be set aside out of any assets of the Corporation available for dividends or other distributions such sum or sums as the Board of Directors may from time to time, in its absolute sole discretion, think proper as a reserve fund for contingencies, for equalizing dividends, for repairing or maintaining any property of the Corporation or for such other purpose as the Board of Directors shall determine, and the Board of Directors may modify or abolish any such reserve.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (AlerisLife Inc.), Support Agreement (Mobile Infrastructure Corp)
Contingencies. Before payment of any dividends or other distributions, there may be set aside out of any assets of the Corporation available for dividends or other distributions such sum or sums as the Board of Directors may from time to time, in its absolute discretion, think proper as a reserve fund for contingencies, for equalizing dividendsdividends or other distributions, for repairing or maintaining any property of the Corporation or for such other purpose as the Board of Directors shall determinedetermine to be in the best interest of the Corporation, and the Board of Directors may modify or abolish any such reservereserve in the manner in which it was created.
Appears in 1 contract
Samples: Common Stock and Preferred Stock Purchase Agreement (Wellsford Real Properties Inc)
Contingencies. Before payment of any dividends or other distributions, there may be set aside out of any assets of the Corporation available for dividends or other distributions such sum or sums as the Board of Directors may from time to time, in its absolute discretion, think proper as a reserve fund for contingencies, for equalizing dividendsdividends or other distributions, for repairing or maintaining any property of the Corporation or for such other purpose as the Board of Directors shall determine, and the Board of Directors may modify or abolish any such reserve.. ARTICLE X
Appears in 1 contract
Samples: Iii Agreement and Plan of Merger (Two Harbors Investment Corp.)
Contingencies. Before payment of any dividends or other distributions, there may be set aside out of any assets of the Corporation available for dividends or other distributions such sum or sums as the Board of Directors may from time to time, in its absolute discretion, think proper as a reserve fund for contingencies, for equalizing dividends, for repairing or maintaining any property of the Corporation or for such other purpose as the Board of Directors shall determine, and the Board of Directors may modify or abolish any such reserve.. ARTICLE X
Appears in 1 contract
Samples: Agreement and Plan of Merger (Walter Industries Inc /New/)
Contingencies. Before payment of any dividends or other distributions, there may be set aside out of any assets of the Corporation Trust available for dividends or other distributions such sum or sums as the Board of Directors Trustees may from time to time, in its absolute discretion, think proper as a reserve fund for contingencies, for equalizing dividendsdividends or other distributions, for repairing or maintaining any property of the Corporation Trust or for such other purpose as the Board of Directors Trustees shall determinedetermine to be in the best interest of the Trust, and the Board of Directors Trustees may modify or abolish any such reserve.
Appears in 1 contract
