Restricted Junior Payments shall have the meaning provided in Section 9.07(a).
Restricted Junior Payments means (i) any dividend or other distribution to the shareholders of the Borrower (whether direct or indirect and whether in cash, property, Securities or otherwise) on account of any shares of any class of capital stock (or equivalent partnership interest) of the Borrower now or hereafter outstanding, (ii) any payment or prepayment of principal of, premium, if any, or interest on, or fees in respect of, redemption, conversion, exchange, purchase, retirement, defeasance, sinking fund or similar payment with respect to any Consolidated Subordinated Debt after the occurrence of an Event of Default and (iii) any prepayment in advance of anticipated and scheduled payment dates of principal of, premium, if any, or interest on, or fees in respect of, redemption, conversion, exchange, purchase, retirement, defeasance, sinking fund or similar payment with respect to any Consolidated Subordinated Debt (except for (a) prepayments in connection with the refinance of such Consolidated Subordinated Debt in amounts and on terms and conditions equal to or better than the existing terms and conditions and (b) prepayments of up to $1,000,000.00 in the aggregate of outstanding principal on any said Consolidated Subordinated Debt).
Restricted Junior Payments means any payment (whether in cash or other property or whether by setoff or otherwise) of (a) any fees, allowance or other similar arrangement directly or indirectly paid or payable to the members of the board of directors (or equivalent) of any Person in any such Person’s capacity as a member of the board of directors (or equivalent) of such Person (“Board of Directors Fees”), or (b) any payment of any Subordinated Indebtedness, including any payments pursuant to the Seller Notes.
Examples of Restricted Junior Payments in a sentence
Borrower will not use the proceeds of the Advances for any purpose other than (i) paying for Receivables and Related Security under and in accordance with the Receivables Sale Agreement, (ii) making loans to Mohawk Resources or Mohawk Carpet at any time so long as no Amortization Event or Unmatured Amortization Event exists and is continuing, (iii) paying its ordinary and necessary operating expenses when and as due, and (iv) making Restricted Junior Payments to the extent permitted under this Agreement.
Section 8.5 of the Credit Agreement is hereby amended and restated in its entirety to read asfollows: SECTION 8.5 Restricted Junior Payments.
Make any Restricted Junior Payment; provided, that prior to the Amortization Date, the Borrower may make Restricted Junior Payments so long as (i) no Default or Event of Default shall then exist or would result therefrom and (ii) such Restricted Junior Payments have been approved by all necessary action on the part of the Borrower and in compliance with all applicable laws.
The parties did not require that a party produce electronic discovery in a form that preserves metadata.
Unpaid NJ Family Leave to commence on November 7, 2022 with an anticipated return back to work date of January 30, 2023.
More Definitions of Restricted Junior Payments
Restricted Junior Payments means the collective reference to Restricted Equity Payments made pursuant to Section 6.06(c) and Restricted Debt Payments made pursuant to the first proviso contained in Section 6.09(b)(i). The amount of Restricted Equity Payments made pursuant to Section 6.06(c) shall be determined without double counting in the case of Restricted Equity Payments made to UCAR, the Borrower or any Subsidiary to the extent used by such person to make a Restricted Equity Payment.
Restricted Junior Payments means (i) any dividend or other distribution, direct or indirect, on account of any membership interest of any class of Seller now or hereafter outstanding, except a dividend payable solely in membership interests of Seller of that class or any junior class, (ii) any redemption, retirement, sinking fund or similar payment, purchase or other acquisition for value, direct or indirect, of any shares of Seller now or hereafter outstanding, (iii) any payment or prepayment of principal of, premium, if any, or interest, fees or other charges on or with respect to, and any redemption, purchase, retirement, defeasance, sinking fund or similar payment and any claim for rescission with respect to the Subordinated Loans, (iv) any payment made to redeem, purchase, repurchase or retire, or to obtain the surrender of, any outstanding warrants, options or other rights to acquire any membership interest of Seller now or hereafter outstanding, and (v) any payment of management fees by Seller (except for reasonable management fees to the Originator or its Affiliates in reimbursement of actual management services performed).
Restricted Junior Payments means (a) any dividend or other distribution, direct or indirect, on account of any shares of any class of stock of ResCap or any of its Subsidiaries now or hereafteroutstanding as of the Closing Date or thereafter outstanding, except a dividend payable solely in shares of that class of stock to the holders of that class; (b) any redemption, retirement, sinking fund or similar payment, purchase or other acquisition for value, direct or indirect, of any shares of any class of stock of ResCap or any of its Subsidiaries now or hereafteroutstanding as of the Closing Date or thereafter outstanding; (c) any payment made to retire, or to obtain the surrender of, any outstanding warrants, options or other rights to acquire shares of any class of stock of ResCap or any of its Subsidiaries now or hereafteroutstanding as of the Closing Date or thereafter outstanding; (d) management or similar fees payable to Sponsor or any of its Affiliates; or (e) any payment or prepayment of principal of, premium, if any, or interest on, or redemption, purchase, retirement, defeasance (including in substance or legal defeasance), sinking fund or similar payment with respect to, any Specified Prepetition Indebtedness or any Indebtedness incurred pursuant to the Master Purchase Documents or the Origination Order.
Restricted Junior Payments means (a) any dividend or other distribution, direct or indirect, on account of any shares of any class of stock of ResCap or any of its Subsidiaries outstanding as of the Closing Date or thereafter outstanding, except a dividend payable solely in shares of that class of stock to the holders of that class; (b) any redemption, retirement, sinking fund or similar payment, purchase or other acquisition for value, direct or indirect, of any shares of any class of stock of ResCap or any of its Subsidiaries outstanding as of the Closing Date or thereafter outstanding; (c) any payment made to retire, or to obtain the surrender of, any outstanding warrants, options or other rights to acquire shares of any class of stock of ResCap or any of its Subsidiaries outstanding as of the Closing Date or thereafter outstanding; (d) management or similar fees payable to Sponsor or any of its Affiliates; or (e) any payment or prepayment of principal of, premium, if any, or interest on, or redemption, purchase, retirement, defeasance (including in substance or legal defeasance), sinking fund or similar payment with respect to, any Specified Prepetition Indebtedness or any Indebtedness incurred pursuant to the Master Purchase Documents or the Origination Order.
Restricted Junior Payments means (a) any Distribution or Stock Purchase, (b) any dividend, distribution, or other payment made, any liability incurred, or any other consideration given for the purchase, conversion, exchange, acquisition, redemption, or retirement of any class of capital stock of any WSI Party, upon exercise of any stock or capital appreciation rights or as a dividend, distribution, return of capital, redemption of options, or other distribution of any kind on any class of capital stock of any WSI Party outstanding at any time, (c) any payment or prepayment of principal of, premium, if any, or interest on, or any redemption, conversion, exchange, retirement, defeasance, sinking fund, or similar payment, purchase or other acquisition for value, direct or indirect (i) of any Indebtedness other than the Senior Debt (in accordance with the Senior Intercreditor Agreement) and the Note or (ii) on any class of capital stock of any WSI Party now or hereafter outstanding, or the issuance of a notice of an intention to do any of the foregoing, (d) any payment made to retire, or to obtain the surrender of, any outstanding warrants, options, or other rights to acquire shares of any class of capital stock of the Company or any of its Subsidiaries now or hereafter outstanding and (e) any payment by any WSI Party of (i) any management fees and other management charges, fees and reimbursement for expenses, consulting fees or any similar fees, whether pursuant to a management agreement or otherwise and whether to an Affiliate or otherwise, or (ii) any expenses, salary and benefits and other items included in the Workstream Administrative Expenses.
Restricted Junior Payments means (i) any dividend or other -------------------------- distribution to any of the Shareholders of the Borrower, any of the Guarantors, their respective Subsidiaries and/or Affiliates (whether direct or indirect and whether in cash, property, Securities or otherwise) on account of any stock ownership interest of the Borrower, any of the Guarantors, their respective Subsidiaries and/or Affiliates now or hereafter outstanding, (ii) any redemption, conversion, exchange, retirement, sinking fund or similar payment, purchase or other acquisition for value (whether direct or indirect) or any shares of any class of stock of the Borrower, any of the Guarantors, their respective Subsidiaries and/or Affiliates now or hereafter outstanding, (iii) any prepayment of principal of, premium, if any, or interest on, or fees in respect of, redemption, conversion, exchange, purchase, retirement, defeasance, sinking fund or similar payment with respect to any Consolidated Debt and (iv) any prepayment made to retire, or to obtain the surrender of, any outstanding warrants, options or other rights to acquire shares of any class of stock of the Borrower, any of the Guarantors, their respective Subsidiaries and/or Affiliates now or hereafter outstanding.
Restricted Junior Payments means (i) any dividend or other distribution, direct or indirect, on account of any shares of any class of stock of NewPageHoldCo or NewPageCo now or hereafter outstanding, except a dividend payable solely in shares of that class of stock to the holders of that class; (ii) any redemption, retirement, sinking fund or similar payment, purchase or other acquisition for value, direct or indirect, of any shares of any class of stock of NewPageHoldCo or NewPageCo now or hereafter outstanding; (iii) any payment made to retire, or to obtain the surrender of, any outstanding warrants, options or other rights to acquire shares of any class of stock of NewPageHoldCo or NewPageCo now or hereafter outstanding; (iv) management or similar fees payable to Sponsor or any of its Affiliates; or (v) any payment or prepayment of principal of, premium, if any, or interest on, or redemption, purchase, retirement, defeasance (including in-substance or legal defeasance), sinking fund or similar payment with respect to, the NewPageHoldCo PIK Notes (other than payments of interest solely with the issuance of additional notes as permitted by the NewPageHoldCo PIK Note Documents), the NewPageCo First Lien Term Loan Agreement, any Senior Secured Floating Rate Notes, the Senior Secured Fixed Rate Notes, the 2007 Senior Secured Fixed Rate Notes, the Senior Subordinated Notes or the Second Lien Refinancing Notes (other than payments of interest solely with the issuance of additional notes as permitted by the Second Lien Refinancing Notes Documents).