Common use of Distributions; Investments Clause in Contracts

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock.

Appears in 71 contracts

Samples: Loan and Security Agreement (Dpac Technologies Corp), Loan and Security Agreement (Legato Systems Inc), Loan and Security Agreement (Smart Move, Inc.)

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Distributions; Investments. Directly (a) Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock other than Permitted Distributions; or (b) directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock.

Appears in 36 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Omeros Corp), Loan and Security Agreement (Omeros Corp)

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. (a) Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock; or (b) directly or indirectly make any Investment (including, without limitation, by the formation of any Subsidiary) other than Permitted Investments, or permit any of its Subsidiaries to do so.

Appears in 26 contracts

Samples: Loan and Security Agreement (Basis Global Technologies, Inc.), Loan and Security Agreement (Basis Global Technologies, Inc.), Loan and Security Agreement (Axonics, Inc.)

Distributions; Investments. (i) Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; or (ii) pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock.

Appears in 25 contracts

Samples: Loan and Security Agreement (Intersearch Group Inc), Valley Bank Loan and Security Agreement (Entrada Networks Inc), Loan Modification Agreement (Intersearch Group Inc)

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. (a) Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock; or (b) directly or indirectly make any Investment other than Permitted Investments, or permit any of its Subsidiaries to do so.

Appears in 19 contracts

Samples: Loan and Security Agreement (Arsanis, Inc.), Loan and Security Agreement (Alvarion LTD), Loan Agreement (TEKMIRA PHARMACEUTICALS Corp)

Distributions; Investments. (a) Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; or (b) pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stockstock other than Permitted Distributions.

Appears in 15 contracts

Samples: Loan and Security Agreement (Aehr Test Systems), Loan and Security Agreement (Ista Pharmaceuticals Inc), Loan and Security Agreement (Rae Systems Inc)

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock, except for Permitted Distributions.

Appears in 3 contracts

Samples: Loan and Security Agreement (PortalPlayer, Inc.), Loan Agreement (Cypress Semiconductor Corp /De/), Loan and Security Agreement (Cypress Semiconductor Corp /De/)

Distributions; Investments. (i) Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; or (ii) pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stockstock except for repurchases of Common Stock from employees or consultants at the original purchase price upon termination of their employment or consulting relationship with Borrower.

Appears in 3 contracts

Samples: Loan Modification Agreement (Infinera Corp), Loan and Security Agreement (Infinera Corp), Loan and Security Agreement (Infinera Corp)

Distributions; Investments. (a) Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; or (b) pay any dividends or make any distribution or payment on, or redeem, retire or purchase purchase, any capital stockstock or other ownership interest in Borrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (GigOptix, Inc.), Loan and Security Agreement (GigOptix, Inc.)

Distributions; Investments. (a) Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; or (b) pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stockstock or shares.

Appears in 2 contracts

Samples: Loan and Security Agreement (Beamr Imaging Ltd.), Loan and Security Agreement (Wix.com Ltd.)

Distributions; Investments. Directly (a) Pay any dividends or make any distribution or payment in respect of or redeem, retire or purchase any capital stock other than Permitted Distributions; or (b) directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stockother than Permitted Investments.

Appears in 2 contracts

Samples: Loan and Security Agreement (Sequenom Inc), Loan and Security Agreement (U.S. Auto Parts Network, Inc.)

Distributions; Investments. Directly (a) Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock other than Permitted Distributions; or (b) directly or indirectly acquire or own any PersonPerson (except for acquisitions permitted in Section 7.3), or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock.

Appears in 2 contracts

Samples: Loan and Security Agreement (Adept Technology Inc), Loan and Security Agreement (Adept Technology Inc)

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; or pay any dividends or make any distribution or payment or redeem, retire or purchase any of Borrower's capital stockstock except for Permitted Distributions.

Appears in 2 contracts

Samples: Loan and Security Agreement (Ikanos Communications), Loan and Security Agreement (Ikanos Communications)

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Domestic Subsidiaries to do so. Pay ; or pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stockstock except for Permitted Distributions.

Appears in 2 contracts

Samples: Loan and Security Agreement (Equinix Inc), Loan and Security Agreement (Equinix Inc)

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock.

Appears in 2 contracts

Samples: Loan and Security Agreement (Sirf Technology Holdings Inc), Loan Modification Agreement (Sirf Technology Holdings Inc)

Distributions; Investments. (a) Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries Affiliates to do so. Pay ; or (b) pay any dividends or make any distribution or payment or redeem, retire or purchase any of its share capital stockor permit the Guarantor to do so.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement (Mimecast LTD)

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends (other than dividends payable solely in stock of the Borrower) or make any distribution or payment or redeem, retire or purchase any capital stock.

Appears in 2 contracts

Samples: Loan and Security Agreement (Egain Communications Corp), Loan and Security Agreement (Mobility Electronics Inc)

Distributions; Investments. (a) Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; or (b) pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock; provided that Borrower may pay dividends solely in common stock.

Appears in 2 contracts

Samples: Loan and Security Agreement (Vericel Corp), Loan and Security Agreement (Vericel Corp)

Distributions; Investments. (a) Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted InvestmentsInvestments or as permitted under Section 7.3, or permit any of its Subsidiaries to do so. Pay ; or (b) pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stockstock other than Permitted Distributions.

Appears in 2 contracts

Samples: Loan and Security Agreement (Amtech Systems Inc), Loan and Security Agreement (Amtech Systems Inc)

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay , or pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock.

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Tivo Inc)

Distributions; Investments. Directly (a) Pay any dividends or make any distribution or payment in respect of any of its capital stock, or redeem, retire or purchase any of its capital stock other than in connection with Permitted Distributions; or (b) directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock.

Appears in 2 contracts

Samples: Loan and Security Agreement (Titan Pharmaceuticals Inc), Loan and Security Agreement (Titan Pharmaceuticals Inc)

Distributions; Investments. Directly or indirectly acquire or own any Personentity, or make any Investment investment in excess of $10,000 in any Person, other than Permitted Investmentsentity, or permit any of its Subsidiaries subsidiaries to do so. Pay , or pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock.

Appears in 1 contract

Samples: Loan Agreement (Lynx Therapeutics Inc)

Distributions; Investments. Directly (a) Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock other than Permitted Distributions ; or (b) directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock.

Appears in 1 contract

Samples: Loan and Security Agreement (Relm Wireless Corp)

Distributions; Investments. (a) Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; or (b) pay any dividends or make any distribution or payment with respect to its capital stock or redeem, retire or purchase any capital stock.

Appears in 1 contract

Samples: Loan and Security Agreement (Axesstel Inc)

Distributions; Investments. (a) Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; or (b) pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock other than dividends payable in common stock.

Appears in 1 contract

Samples: Loan and Security Agreement (Xplore Technologies Corp)

Distributions; Investments. (a) Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries Subsidiaries/Affiliates to do so. Pay ; or (b) pay any dividends or make any distribution or payment or redeem, retire or purchase any of its share capital stockor give any financial assistance in respect of the purchase of any of its share capital.

Appears in 1 contract

Samples: Loan Agreement (Affimed N.V.)

Distributions; Investments. (i) Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; or (ii) pay any dividends dividends, distributions, rentals and management fees to Affiliates, or make any distribution or payment or redeem, retire or purchase any capital stock.

Appears in 1 contract

Samples: Loan and Security Agreement (Inspire Pharmaceuticals Inc)

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock, except for Permitted Distributions.

Appears in 1 contract

Samples: Loan and Security Agreement (Cell Genesys Inc)

Distributions; Investments. (a) Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; or (b) pay any dividends or make any distribution or payment or redeem, retire or purchase any of Borrower’s capital stockstock other than Permitted Distributions.

Appears in 1 contract

Samples: Loan and Security Agreement (Omniture, Inc.)

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; or pay any dividends or make any distribution or payment or redeem, retire or purchase any of its share capital stockor give any financial assistance in respect of the purchase of any of its share capital except in each case in respect of any long term incentive plans or employee and officer shares schemes in operation in respect of each Obligor.

Appears in 1 contract

Samples: Loan Agreement (Mereo Biopharma Group PLC)

Distributions; Investments. (a) Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; or (b) pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stockstock other than the redemption of shares held by former employees of Borrower in accordance with existing or customary contractual commitments.

Appears in 1 contract

Samples: Loan and Security Agreement (Ecoark Holdings, Inc.)

Distributions; Investments. (i) Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, ; or permit any of its Subsidiaries to do so. Pay (ii) pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stockstock (except pursuant to Borrower's existing $3,000,000 stock buy back program).

Appears in 1 contract

Samples: Loan and Security Agreement (Bottomline Technologies Inc /De/)

Distributions; Investments. Directly (a) Pay any dividends or make any distribution or payment in respect of, or redeem, retire or purchase any capital stock other than Permitted Distributions; or (b) directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock.

Appears in 1 contract

Samples: Loan and Security Agreement (Mips Technologies Inc)

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Distributions; Investments. Directly (a) Pay any dividends or make any distribution or payment on, or redeem, retire or repurchase, any capital stock of Borrower other than Permitted Distributions; or (b) directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stockin each case other than Permitted Investments.

Appears in 1 contract

Samples: Loan and Security Agreement (Websidestory Inc)

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock; or directly or indirectly make any Investment (including, without limitation, by the formation of any Subsidiary) other than Permitted Investments, or permit any of its Subsidiaries to do so.

Appears in 1 contract

Samples: Loan and Security Agreement (Threshold Pharmaceuticals Inc)

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment payment, except in connection with a Permitted Investment or redeem, retire or purchase any capital stock.

Appears in 1 contract

Samples: Loan and Security Agreement (Immunicon Corp)

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends (other than dividends payable solely in stock of the Borrower) or make any distribution or payment or redeem, retire or purchase any capital stock, except that Borrower may repurchase stock pursuant to any transaction constituting a Permitted Investment.

Appears in 1 contract

Samples: Loan and Security Agreement (North American Scientific Inc)

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock, other than majority owned Subsidiaries.

Appears in 1 contract

Samples: Loan and Security Agreement (Optika Imaging Systems Inc)

Distributions; Investments. (a) Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; or (b) pay any dividends (other than to a co-Borrower) or make any distribution or payment or redeem, retire or purchase any capital stock.

Appears in 1 contract

Samples: Loan and Security Agreement (InsPro Technologies Corp)

Distributions; Investments. Directly (a) Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock other than Permitted Distributions or Permitted Stock Repurchases; or (b) directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock.

Appears in 1 contract

Samples: Loan and Security Agreement (Relm Wireless Corp)

Distributions; Investments. (i) Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; or (ii) pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stockstock other than Permitted Distributions.

Appears in 1 contract

Samples: Loan and Security Agreement (Acclarent Inc)

Distributions; Investments. (30) Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; or (31) pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock.

Appears in 1 contract

Samples: Loan and Security Agreement (Procera Networks Inc)

Distributions; Investments. (i) Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; or (ii) pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stockstock except for Permitted Distributions.

Appears in 1 contract

Samples: Loan and Security Agreement (3PAR Inc.)

Distributions; Investments. (a) Directly or indirectly acquire or own any PersonPerson (other than its ownership interests in its Subsidiaries shown on the Perfection Certificate that are existing on the Effective Date), or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; or (b) pay any dividends or make any distribution or payment on, or redeem, retire or purchase purchase, any capital stockstock (excluding any conversion into other equity securities of Borrower).

Appears in 1 contract

Samples: Loan and Security Agreement (Exa Corp)

Distributions; Investments. (i) Directly or indirectly acquire or own any PersonPerson (other than its Subsidiaries shown on the Perfection Certificate), or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; or (ii) pay any dividends or make any distribution or payment on, or redeem, retire or purchase purchase, any capital stockstock (excluding any conversion into other equity securities of Borrower).

Appears in 1 contract

Samples: Loan and Security Agreement (Exa Corp)

Distributions; Investments. Directly or indirectly indirectly, or permit any of its Subsidiaries to directly or indirectly, acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do soInvestments and Permitted Distributions. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock, other than for Permitted Investments, with the understanding that the determination of compliance with any amounts set forth in the definition of Permitted Investments shall be determined on a joint and not several basis for Borrowers and Subsidiaries.

Appears in 1 contract

Samples: Loan and Security Agreement (Raining Data Corp)

Distributions; Investments. Directly Except as otherwise permitted hereunder, directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock.

Appears in 1 contract

Samples: Loan and Security Agreement (Plumtree Software Inc)

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock (except shares acquired upon the conversion thereof into other shares of Borrower’s capital stock.

Appears in 1 contract

Samples: Loan and Security Agreement (Omnicell Inc /Ca/)

Distributions; Investments. Directly Other than Permitted Investments, directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock.

Appears in 1 contract

Samples: Loan and Security Agreement (Axs One Inc)

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stockstock except in accordance with the terms of the Warrant.

Appears in 1 contract

Samples: Loan and Security Agreement (Planetout Inc)

Distributions; Investments. (a) Directly or indirectly acquire or own any Personperson, or make any Investment in any Personperson, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock.

Appears in 1 contract

Samples: Midatech Pharma PLC

Distributions; Investments. (a) Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit Parent or any of its Parent’s Subsidiaries to do so. Pay ; or (b) pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stockstock other than Permitted Distributions, or permit Parent or any of Parent’s Subsidiaries to do so.

Appears in 1 contract

Samples: Loan and Security Agreement (Ev3 Inc.)

Distributions; Investments. (a) Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; or (b) pay any dividends or make any distribution distribution, or payment or redeem, retire or purchase any capital stock.

Appears in 1 contract

Samples: Loan and Security Agreement (GigPeak, Inc.)

Distributions; Investments. (a) Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; or (b) pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock.” and inserting in lieu thereof the following:

Appears in 1 contract

Samples: Seventh Loan Modification Agreement (GlobalOptions Group, Inc.)

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