Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to the following, or would result therefrom:
Appears in 19 contracts
Samples: Term Loan Credit Agreement (Kirkland's, Inc), Credit Agreement (Kirkland's, Inc), Credit Agreement (Kirkland's, Inc)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, or issue or sell any Equity Interests or accept any capital contributions, except that each of the following shall be permitted that, so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:
Appears in 16 contracts
Samples: Credit Agreement (Saga Communications Inc), Credit Agreement (Charah Solutions, Inc.), Credit Agreement (Saga Communications Inc)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that that, in each of the following shall be permitted case (except Section 8.06(a)) so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately (both before and after giving effect, to the following, or would result therefrom:making of such Restricted Payment):
Appears in 15 contracts
Samples: Credit Agreement (Mueller Water Products, Inc.), Credit Agreement (Mueller Water Products, Inc.), Credit Agreement (Mueller Water Products, Inc.)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:
Appears in 12 contracts
Samples: Credit Agreement (Valvoline Inc), Credit Agreement (Valvoline Inc), Credit Agreement (Ashland Global Holdings Inc)
Restricted Payments. Declare or make, directly or indirectly, any Restricted PaymentPayment except that, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:
Appears in 11 contracts
Samples: Credit Agreement (Amplify Energy Corp.), Credit Agreement (Amplify Energy Corp.), Credit Agreement (Sandridge Energy Inc)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that that, in each of the following shall be permitted case (except Section 8.06(a)) so long as no Default or Event of Default shall have occurred and be continuing prior, (both before or immediately after giving effect, to as a result of the following, or would result therefrom:making of such Restricted Payment):
Appears in 11 contracts
Samples: Credit Agreement (Purple Innovation, Inc.), Term Loan Credit Agreement (Purple Innovation, Inc.), Credit Agreement (Purple Innovation, Inc.)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Default or Event of Default shall have occurred and be continuing prior, prior to or immediately after giving effect, effect to the following, any action described below or would result therefrom:
Appears in 10 contracts
Samples: Credit Agreement (Childrens Place, Inc.), Credit Agreement (Alco Stores Inc), Credit Agreement (Childrens Place Retail Stores Inc)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:
Appears in 9 contracts
Samples: Credit Agreement (Avnet Inc), Credit Agreement (Avnet Inc), Credit Agreement (Avnet Inc)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any such action described below or would result therefrom:
Appears in 8 contracts
Samples: Credit Agreement (American Midstream Partners, LP), Credit Agreement (American Midstream Partners, LP), Credit Agreement
Restricted Payments. Declare or make, or agree to pay or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:
Appears in 7 contracts
Samples: Credit Agreement (National General Holdings Corp.), Credit Agreement (National General Holdings Corp.), Credit Agreement (Amtrust Financial Services, Inc.)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted so as long as no Default or Event of Default shall have occurred and be is continuing prior, or immediately after giving effect, to the following, or would result therefrom:
Appears in 7 contracts
Samples: Credit Agreement (Texas Roadhouse, Inc.), Credit Agreement (Texas Roadhouse, Inc.), Bridge Loan Agreement (Digitalnet Holdings Inc)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:
Appears in 7 contracts
Samples: Credit Agreement (Powersecure International, Inc.), Credit Agreement (Powersecure International, Inc.), Term Credit Agreement (Powersecure International, Inc.)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do soso if an Event of Default has occurred and is continuing or would result therefrom, except that each of the following shall be permitted so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to the following, or would result therefrompermitted:
Appears in 6 contracts
Samples: Credit Agreement (Cim Real Estate Finance Trust, Inc.), Credit Agreement (Cim Real Estate Finance Trust, Inc.), Credit Agreement (Cole Office & Industrial REIT (CCIT II), Inc.)
Restricted Payments. Declare or make, directly or indirectly, make any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted so long as no Default or if any Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to the following, or would result therefrom:; provided that
Appears in 6 contracts
Samples: Credit Agreement (Sabra Health Care REIT, Inc.), Credit Agreement (Omega Healthcare Investors Inc), Credit Agreement (Omega Healthcare Investors Inc)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Default or Event of Default shall have occurred and be continuing priorother than in respect of Restricted Payments made under paragraphs (a) and (b), or immediately after giving effect, which shall not be subject to the following, requirement that no Default be then continuing) at the time of any action described below or would result therefrom:
Appears in 5 contracts
Samples: Securities Purchase Agreement (NOODLES & Co), Credit Agreement (NOODLES & Co), Credit Agreement (NOODLES & Co)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Default or Event of Default shall have occurred and be continuing priorprior to, or immediately after giving effecteffect to, to the following, any action described below or would result therefrom:
Appears in 5 contracts
Samples: Credit Agreement (Tops Holding Ii Corp), Credit Agreement (Tops Markets Ii Corp), Credit Agreement (Rue21, Inc.)
Restricted Payments. Declare or makeMake, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do soexcept that, except that each of the following shall be permitted so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:
Appears in 4 contracts
Samples: Credit Agreement (Fabrinet), Credit Agreement (Orbital Atk, Inc.), Credit Agreement (Fabrinet)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Default or Event of Default Borrowing Base Deficiency shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:
Appears in 4 contracts
Samples: Credit Agreement (Sunrun Inc.), Credit Agreement (Sunrun Inc.), Credit Agreement (Sunrun Inc.)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, or accept any capital contributions, except that each of the following shall be permitted that, so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:
Appears in 4 contracts
Samples: Credit Agreement (Standex International Corp/De/), Credit Agreement (Armstrong Flooring, Inc.), Credit Agreement (Armstrong Flooring, Inc.)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, or time of any action described below and no Default would result therefrom:
Appears in 4 contracts
Samples: Credit Agreement (Digital Turbine, Inc.), Credit Agreement (Digital Turbine, Inc.), Credit Agreement (Digital Turbine, Inc.)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that that, in each of the following shall be permitted case (except Section 8.06(a)) so long as no Default or Event of Default shall have occurred and be continuing prior, (both before or immediately after giving effect, to as a result of the following, or would result therefrom:making of such Restricted Payment):
Appears in 4 contracts
Samples: Credit and Security Agreement (Katy Industries Inc), Credit and Security Agreement (Katy Industries Inc), Credit and Security Agreement (Katy Industries Inc)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do soso except that, except that each of the following shall be permitted so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:
Appears in 3 contracts
Samples: Credit Agreement (Health Management Associates Inc), Security Agreement (Health Management Associates Inc), Security Agreement (Health Management Associates Inc)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each (other than in the case of the following shall be permitted subsection (a) below), so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:
Appears in 3 contracts
Samples: Credit Agreement (Sunedison, Inc.), Second Lien Credit Agreement (Memc Electronic Materials Inc), Credit Agreement (Sunedison, Inc.)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:
Appears in 3 contracts
Samples: Senior Unsecured Bridge Credit Agreement, Senior Unsecured Term Loan Credit Agreement (Avnet Inc), Senior Unsecured Bridge Credit Agreement (Avnet Inc)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted so long as no Default or Event of Default shall have has occurred and be continuing prior, or immediately after giving effect, to the following, or would result therefromis continuing:
Appears in 3 contracts
Samples: Credit Agreement (Forward Air Corp), Credit Agreement (Forward Air Corp), Credit Agreement (Forward Air Corp)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do soexcept that, except that each of the following shall be permitted so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:
Appears in 3 contracts
Samples: Credit Agreement (Pacer International Inc), Credit Agreement (Pacer International Inc), Credit Agreement (Pacer International Inc)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:therefrom(except as otherwise provided in subsection (d) below):
Appears in 3 contracts
Samples: Credit Agreement (Copano Energy, L.L.C.), Credit Agreement (Copano Energy, L.L.C.), Credit Agreement (Copano Energy, L.L.C.)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Default or Event of Default shall have occurred and be continuing priorother than in respect of Restricted Payments made under paragraphs (a) and (b), or immediately after giving effect, which shall not be subject to the following, requirement that no Default be then continuing at the time of any action described below or would result therefrom:
Appears in 2 contracts
Samples: Credit Agreement (NOODLES & Co), Credit Agreement (NOODLES & Co)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time any action described below or would result therefrom:
Appears in 2 contracts
Samples: Credit Agreement (Ems Technologies Inc), Credit Agreement (Georgia Gulf Corp /De/)
Restricted Payments. Declare Authorize, declare or makepay, directly or indirectly, any Restricted PaymentPayments, or incur any obligation (contingent or otherwise) to do so, except provided that each of the following shall be permitted so long as if no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to the following, or would result therefromcontinuing:
Appears in 2 contracts
Samples: Facility Agreement, Facility Agreement (Equinix Inc)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as (other than in the case of subsection (a) below) no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:
Appears in 2 contracts
Samples: Credit Agreement (SunEdison Semiconductor LTD), Credit Agreement (SunEdison Semiconductor LTD)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Default or Event of Default shall have occurred and be continuing priorother than in respect of Restricted Payments made under paragraphs (a), or immediately after giving effect(b), (e) which shall not be subject to the following, requirement that no Default be then continuing) at the time of any action described below or would result therefrom:
Appears in 2 contracts
Samples: Credit Agreement (NOODLES & Co), Credit Agreement (NOODLES & Co)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Default or Event of Potential Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:
Appears in 2 contracts
Samples: Credit Agreement (Factset Research Systems Inc), Credit Agreement (Factset Research Systems Inc)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Default or Event of Default shall have occurred and be continuing priorat the time of any action described below in clause (f), (l) or immediately after giving effect, to the following, (m) or would result therefrom:
Appears in 2 contracts
Samples: Credit Agreement (American Renal Associates Holdings, Inc.), Junior Lien Intercreditor Agreement (American Renal Associates Holdings, Inc.)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation except that, (contingent or otherwise) to do so, except that each other than in the case of the following shall be permitted Restricted Payments referenced in clauses (a), (b), (c), and (f) below) so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:
Appears in 2 contracts
Samples: Credit Agreement (Foresight Energy Partners LP), Credit Agreement (Foresight Energy Partners LP)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted so long during such time as no Default or an Event of Default shall have occurred exist and be continuing prior, or immediately after giving effect, to the following, or would result therefrom:continuing.
Appears in 2 contracts
Samples: Credit Agreement (Voya PRIME RATE TRUST), Credit Agreement (Voya PRIME RATE TRUST)
Restricted Payments. Declare or make, directly or indirectly, make any Restricted Payment, or incur any obligation (contingent or otherwise) to do soexcept that, except that each of the following shall be permitted so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:
Appears in 2 contracts
Samples: Credit Agreement (Ipsco Inc), Bridge Loan Agreement (Ipsco Inc)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted (so long as in the case of clauses (c) and (d) no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:):
Appears in 2 contracts
Samples: Credit Agreement (Carpenter Technology Corp), Credit Agreement (Carpenter Technology Corp)
Restricted Payments. Declare or make, or agree to pay or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefromresult:
Appears in 2 contracts
Samples: Credit Agreement (National General Holdings Corp.), Credit Agreement (Amtrust Financial Services, Inc.)
Restricted Payments. Declare Directly or make, directly indirectly declare or indirectly, make any Restricted Payment, Payment or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to the following, exists or would result therefrom:
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Allion Healthcare Inc), Credit and Guaranty Agreement (Allion Healthcare Inc)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted (so long as in the case of clause (c) no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:):
Appears in 2 contracts
Samples: Credit Agreement (Carpenter Technology Corp), Credit Agreement (Carpenter Technology Corp)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, if a Default or an Event of Default has occurred and is continuing or would result therefrom, except that each of the following shall be permitted so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to the following, or would result therefrompermitted:
Appears in 2 contracts
Samples: Credit Agreement (Creative Media & Community Trust Corp), Credit Agreement (CIM Commercial Trust Corp)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, other than with respect to Section 7.06(f) so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:
Appears in 2 contracts
Samples: Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (B. Riley Financial, Inc.)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to the following, or would result therefrom:
Appears in 2 contracts
Samples: Credit Agreement (Heritage-Crystal Clean, Inc.), Credit Agreement (Heritage-Crystal Clean, Inc.)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the followingtime of any action described below, or would result therefrom:
Appears in 2 contracts
Samples: Credit Agreement (Nutri System Inc /De/), Credit Agreement (Nutri System Inc /De/)
Restricted Payments. Declare or make, directly or indirectly, make any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:
Appears in 2 contracts
Samples: Credit Agreement (Targa Resources Corp.), Credit Agreement (Targa Resources Corp.)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Event of Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:
Appears in 2 contracts
Samples: Credit Agreement (Outerwall Inc), Credit Agreement (Coinstar Inc)
Restricted Payments. Declare or make, or agree to pay or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do soexcept that, except that each of the following shall be permitted so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:
Appears in 1 contract
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that that, in each of the following shall be permitted case (except Section 8.06(a)) so long as no Default or Event of Default shall have occurred and be continuing prior, (both before or immediately after giving effect, to as a result of the following, or would result therefrom:making of such Restricted Payment):
Appears in 1 contract
Samples: Credit and Security Agreement (FreightCar America, Inc.)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefromtherefrom on a pro forma basis:
Appears in 1 contract
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that at any time after December 31, 2020, each of the following shall be permitted so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to the following, or would result therefrom:
Appears in 1 contract
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Potential Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:
Appears in 1 contract
Samples: Pledge Agreement (Mentor Corp /Mn/)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:therefrom (except as otherwise provided in subsection (d) below):
Appears in 1 contract
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted so long as no Default or Event of Default shall have occurred and be continuing prior, or prior to and immediately after giving effect, effect to the following, or would result therefromany action described below on a pro forma basis:
Appears in 1 contract
Samples: Credit Agreement (Petsmart Inc)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do soexcept that, except that each of the following shall be permitted so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:
Appears in 1 contract
Samples: Credit Agreement (Amtrust Financial Services, Inc.)
Restricted Payments. Declare Make or make, directly declare or indirectly, otherwise become obligated to make any Restricted Payment, or incur any obligation (contingent or otherwise) to do soif, except that each at either the time of the following shall be permitted so long as no Default declaration or Event other incurrence, if any, of such Restricted Payment, or the time of the making thereof, or immediately after giving effect thereto, any Default shall have occurred and be continuing prior, or immediately after giving effect, to the following, or would result therefrom:continuing.
Appears in 1 contract
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:therefrom (except with respect to clauses (a), (b), (c) or (d)):
Appears in 1 contract
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do soexcept that, except that each of the following shall be permitted so long as no Default or Event of Default shall have occurred and be continuing prior, prior to or immediately after giving effect, effect to the following, any action described below or would result therefrom:
Appears in 1 contract
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, or would result therefromtime of any action described below:
Appears in 1 contract
Samples: Credit Agreement (Neustar Inc)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted so long as no Default or Event of Default shall have occurred and be continuing prior, exist immediately before or immediately after giving effect, to the following, or would result therefromeffect thereto:
Appears in 1 contract
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation except that, in each case only if (contingent or otherwisex) to do so, except that each of the following shall be permitted so long as no Default or Event of Default shall have occurred and be continuing prior(both immediately before or as a result of the making of such Restricted Payment) (except as to Section 7.06(a), or immediately after giving effect(b), to the following(f), or would result therefromand (g)) and (y) such Restricted Payment is permitted by Law:
Appears in 1 contract
Samples: Credit Agreement (GSR II Meteora Acquisition Corp.)
Restricted Payments. Declare or make, or agree to pay or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do soexcept that, except that each of the following shall be permitted so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:β.
Appears in 1 contract
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted so long as no Default or Event of Default shall have has occurred and be continuing prior, or immediately after giving effect, to the following, or would result therefromis continuing:
Appears in 1 contract
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of so to the following shall be permitted so long as no Default or Event of extent a Default shall have occurred and be continuing prior, at the time of any Restricted Payment or immediately after giving effect, to the following, or a Default would result therefrom:.
Appears in 1 contract
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise, unless made expressly subject to the prior consent of the Majority Lenders pursuant hereto) to do so, except that each of the following shall be permitted that, so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:
Appears in 1 contract
Samples: Cadence Design Systems Inc
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Default or Event of Default shall have occurred and be continuing priorprior to, or immediately after giving effecteffect to, to the following, any action described below or would result therefrom:β
Appears in 1 contract
Samples: Credit Agreement (Rue21, Inc.)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted so long as no Default Suspension Event or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to the following, or would result therefrom:
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Restricted Payments. Declare Without the consent of the Lender, declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Default or Event of Default shall have occurred and be continuing prior, prior to or immediately after giving effect, effect to the following, any action described below or would result therefrom:
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Samples: Credit Agreement (Bluefly Inc)
Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that each of the following shall be permitted that, so long as no Default or Event of 130 Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any action described below or would result therefrom:
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Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do soso if an Event of Default has occurred and is continuing or would result therefrom, except that each of the following shall be permitted so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to the following, or would result therefrom:permitted: 105
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Restricted Payments. Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation except that, in the case of clause (contingent or otherwiseb), (c) to do soand (d) below, except that each of the following shall be permitted so long as no Default or Event of Default shall have occurred and be continuing prior, or immediately after giving effect, to at the following, time of any such action or would result therefrom:
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