Examples of Restricted Payments in a sentence
Other than declared dividends and distributions consistent with the Borrower’s past practices or as otherwise permitted under this Agreement, the Borrower has not, since the date of the most recent financial statements referred to in Section 6.3 and as of the date hereof, made any Restricted Payments.
Make, or permit any of its Subsidiaries to make, any Restricted Payment other than Permitted Restricted Payments; or directly or indirectly make (or permit any of its Subsidiaries to make) any Investment other than Permitted Investments (provided, however, notwithstanding anything to the contrary in this Agreement, a Loan Party may create or form a Subsidiary so long as such Loan Party complies with Section 6.9 hereof).
Make any Restricted Payments; provided, however, that, so long as no Default has occurred and is continuing, or will occur as a result of any such payment (with the calculation of the covenants set forth in Section 6.9 being made on a pro forma basis as at the date of such payment), the Borrower may pay dividends and distributions to its shareholders as permitted by applicable governmental laws and regulations, including dividends with respect to SBLF Preferred Stock.
It shall not make, directly or indirectly, any Restricted Payment (whether in the form of cash or other assets) or incur any obligation (contingent or otherwise) to do so; provided, however, that the Borrower shall be permitted to make Restricted Payments from funds distributed to it pursuant to the Priority of Payments and funds withdrawn from the Collection Account pursuant to Section 9.02.
If a Default or Event of Default exists or would exist after giving effect to such Restricted Payment, only Restricted Payments described in clauses (i), (iii), (vi), (vii), (viii) and (x) above may be made; provided that if a Default or Event of Default with respect to Section 10.1.(a), (e) or (f) exists or would exist after giving effect to such Restricted Payment, or if all or any portion of the Obligations have been accelerated, the Parent and the Company may not make any Restricted Payments.