The Guarantor. shall not, without the Bank’s prior written consent, (i) declare, make or pay, or pay interest on any unpaid amount of, any dividend, charge, fee or other distribution (whether in cash or kind) on or in respect of its shares or share capital (or any class of its share capital) or (ii) repay or distribute any share premium account or redeem, repurchase, retire or repay any of its share capital; in each case, unless each of the following conditions is met:
Appears in 3 contracts
Samples: Guarantee and Indemnity Agreement, Guarantee and Indemnity Agreement (Pacificorp /Or/), Guarantee and Indemnity Agreement (Pacificorp /Or/)
The Guarantor. (a) shall not, without the Bank’s 's prior written consent, (i) declare, make or pay, or pay interest on any unpaid amount of, any dividend, charge, fee or other distribution (whether in cash or kind) on or in respect of its shares or share capital (or any class of its share capital) or (ii) repay or distribute any share premium account or redeem, repurchase, retire or repay any of its share capital; in each case, unless each of the following conditions is met:and
Appears in 2 contracts
Samples: Guarantee and Indemnity Agreement (Midamerican Energy Holdings Co /New/), Guarantee and Indemnity Agreement (Midamerican Energy Holdings Co /New/)
