Common use of Adjustments of Capital Stock; Payment and Application of Dividends Clause in Contracts

Adjustments of Capital Stock; Payment and Application of Dividends. Subject to the Loan Agreement, in the event that during the term of this Agreement any stock dividend, reclassification, readjustment or other change is declared or made in the capital structure of any Subsidiary or if any other or additional shares of stock of any Subsidiary are issued to the Pledgor, all new, substituted and additional shares or other securities issued by reason of any such change or acquisition shall immediately be delivered by the Pledgor to the Agent and shall be deemed to be part of the Pledged Collateral under the terms of this Agreement in the same manner as the shares of capital stock originally pledged hereunder. Subject to the Loan Agreement, upon the occurrence and during the continuance of an Event of Default and subject to the terms of the Loan Agreement regarding the exercise of remedies upon an Event of Default, or from and after such time as the Agent determines that based on all the facts and circumstances then existing, and in the exercise of its commercially reasonable judgment, the Agent believes that Fraud has occurred, all cash dividends received by or payable to the Pledgor in respect of the Pledged Collateral, including any additional shares of stock or investment property received by the Pledgor as a result of the Pledgor’s record ownership of the Pledged Stock, shall immediately be delivered by the Pledgor to the Agent, to be held by the Agent as Pledged Collateral hereunder or to be applied by the Agent against the Obligations. Upon the occurrence and during the continuance of an Event of Default and subject to the terms of the Loan Agreement regarding the exercise of remedies upon an Event of Default, or from and after such time as the Agent determines that based on all the facts and circumstances then existing, and in the exercise of its commercially reasonable judgment, the Agent believes that Fraud has occurred, the Pledgor will not demand and will not be entitled to receive, any cash dividends or other income, interest or property in or with respect to the Pledged Collateral, and if the Pledgor receives any of the same, the Pledgor shall immediately deliver it to the Agent to be held by it and applied as provided in the preceding sentence.

Adjustments of Capital Stock; Payment and Application of Dividends. Subject to the Loan Agreement, in the event that during the term of this Agreement any stock dividend, reclassification, readjustment or other change is declared or made in the capital structure of any the Subsidiary or if any other or additional shares of stock of any the Subsidiary are issued to the Pledgor, all new, substituted and additional shares or other securities issued by reason of any such change or acquisition shall immediately be delivered by the Pledgor to the Agent and shall be deemed to be part of the Pledged Collateral under the terms of this Agreement in the same manner as the shares of capital stock originally pledged hereunder. Subject to the Loan Agreement, upon the occurrence and during the continuance of an Event of Default and subject to the terms of the Loan Agreement regarding the exercise of remedies upon an Event of Default, or from and after such time as the Agent determines that based on all the facts and circumstances then existing, and in the exercise of its commercially reasonable judgment, the Agent believes that Fraud has occurred, all cash dividends received by or payable to the Pledgor in respect of the Pledged Collateral, including any additional shares of stock or investment property received by the Pledgor as a result of the Pledgor’s record ownership of the Pledged Stock, shall immediately be delivered by the Pledgor to the Agent, to be held by the Agent as Pledged Collateral hereunder or to be applied by the Agent against the Obligations. Upon the occurrence and during the continuance of an Event of Default and subject to the terms of the Loan Agreement regarding the exercise of remedies upon an Event of Default, or from and after such time as the Agent determines that based on all the facts and circumstances then existing, and in the exercise of its commercially reasonable judgment, the Agent believes that Fraud has occurred, the Pledgor will not demand and will not be entitled to receive, any cash dividends or other income, interest or property in or with respect to the Pledged Collateral, and if the Pledgor receives any of the same, the Pledgor shall immediately deliver it to the Agent to be held by it and applied as provided in the preceding sentence.

Adjustments of Capital Stock; Payment and Application of Dividends. Subject to the Loan Agreement, in In the event that during the term of this Agreement any stock dividend, reclassification, readjustment or other change is declared or made in the capital structure of any Subsidiary or if any other or additional shares of stock of any Subsidiary are issued to the Pledgor, all new, substituted and additional shares or other securities issued by reason of any such change or acquisition shall immediately be delivered by the Pledgor to the Agent Pledgee and shall be deemed to be part of the "Pledged Collateral Collateral" under the terms of this Agreement in the same manner as the shares of capital stock originally pledged hereunder. Subject to the Loan Agreement, upon Upon the occurrence and during the continuance of an Event of Default and subject to the terms of the Loan Agreement regarding the exercise of remedies upon an Event of Default, or from and after such time as the Agent determines that based on all the facts and circumstances then existing, and in the exercise of its commercially reasonable judgment, the Agent believes that Fraud has occurred, all cash dividends received by or payable to the Pledgor in respect of the Pledged Collateral, including any additional shares of stock or investment property received by the Pledgor as a result of the Pledgor’s 's record ownership of the Pledged Stock, shall immediately be delivered by the Pledgor to the AgentPledgee, to be held by the Agent Pledgee as Pledged Collateral hereunder or to be applied by the Agent Pledgee against the Obligations. Upon the occurrence and during the continuance of an Event of Default and subject to the terms of the Loan Agreement regarding the exercise of remedies upon an Event of Default, or from and after such time as the Agent determines that based on all the facts and circumstances then existing, and in the exercise of its commercially reasonable judgment, the Agent believes that Fraud has occurred, the Pledgor will not demand and will not be entitled to receive, any cash dividends or other income, interest or property in or with respect to the Pledged Collateral, and if the Pledgor receives any of the same, the Pledgor shall immediately deliver it to the Agent Pledgee to be held by it and applied as provided in the preceding sentence.

Adjustments of Capital Stock; Payment and Application of Dividends. Subject to the Loan Subordination Agreement and the Purchase Agreement, in the event that during the term of this Agreement any stock dividend, reclassification, readjustment or other change is declared or made in the capital structure of any Subsidiary or if any other or additional shares of stock of any Subsidiary are issued to the Pledgor, all new, substituted and additional shares or other securities issued by reason of any such change or acquisition shall immediately be delivered by the Pledgor to the Agent and shall be deemed to be part of the Pledged Collateral under the terms of this Agreement in the same manner as the shares of capital stock originally pledged hereunder. Subject to the Loan Subordination Agreement and the Purchase Agreement, upon the occurrence and during the continuance of an Event of Default and subject to the terms of the Loan Agreement regarding the exercise of remedies upon an Event of Default, or from and after such time as the Agent determines that based on all the facts and circumstances then existing, and in the exercise of its commercially reasonable judgment, the Agent believes that Fraud has occurred, all cash dividends received by or payable to the Pledgor in respect of the Pledged Collateral, including any additional shares of stock or investment property received by the Pledgor as a result of the Pledgor’s 's record ownership of the Pledged Stock, shall immediately be delivered by the Pledgor to the Agent, to be held by the Agent as Pledged Collateral hereunder or to be applied by the Agent against the Obligations. Upon the occurrence and during the continuance of an Event of Default and subject to the terms of the Loan Agreement regarding the exercise of remedies upon an Event of Default, or from and after such time as the Agent determines that based on all the facts and circumstances then existing, and in the exercise of its commercially reasonable judgment, the Agent believes that Fraud has occurred, the Pledgor will not demand and will not be entitled to receive, any cash dividends or other income, interest or property in or with respect to the Pledged Collateral, and if the Pledgor receives any of the same, the Pledgor shall immediately deliver it to the Agent to be held by it and applied as provided in the preceding sentence.

Adjustments of Capital Stock; Payment and Application of Dividends. Subject to the Loan Agreement, in In the event that during the term of this Agreement any stock dividend, reclassification, readjustment or other change is declared or made in the capital structure of any Subsidiary the Pledged Company or if any other or additional shares of stock of any Subsidiary the Pledged Company are issued to the Pledgor, all new, substituted and additional shares or other securities issued by reason of any such change or acquisition shall immediately be delivered by the Pledgor to the Collateral Agent and shall be deemed to be part of the “Pledged Collateral Collateral” under the terms of this Agreement in the same manner as the shares of capital stock originally pledged hereunder. Subject to the Loan Agreement, upon the occurrence and during the continuance of an Event of Default and subject to the terms of the Loan Agreement regarding the exercise of remedies upon an Event of Default, or from and after such time as the Agent determines that based on all the facts and circumstances then existing, and in the exercise of its commercially reasonable judgment, the Agent believes that Fraud has occurred, all cash dividends received by or payable to the Pledgor in respect of the Pledged Collateral, including any Any additional shares of stock or investment property received by the Pledgor as a result of the Pledgor’s record ownership of the Pledged Stock, Stock shall immediately promptly be delivered by the Pledgor to the AgentCollateral Agent (each certificate accompanied by an undated stock power executed in blank by the Pledgor), to be held by the Collateral Agent as Pledged Collateral hereunder or or, if an Event of Default has occurred and is continuing, to be applied by the Collateral Agent against the Obligations. Upon Unless and until an Event of Default shall occur and be continuing, all cash dividends or distributions payable in respect of the Pledged Collateral (to the extent such payments are permitted under the Note Purchase Agreement) may be paid to the Pledgor; provided, however, that upon the occurrence and during the continuance of an Event of Default and subject to the terms of the Loan Agreement regarding the exercise of remedies upon an Event of Default, or from and after such time as the Agent determines that based on all the facts and circumstances then existing, and in the exercise of its commercially reasonable judgment, the Agent believes that Fraud has occurred, the Pledgor will not demand demand, and will not be entitled to receive, any cash dividends or other income, interest or property in or with respect to the Pledged Collateral, and if the Pledgor receives any of the same, the Pledgor shall immediately promptly deliver it to the Collateral Agent to be held by it and applied as provided in the preceding sentence.

Adjustments of Capital Stock; Payment and Application of Dividends. Subject to the Loan Subordination Agreement and the Debentureholders Agreement, in the event that during the term of this Agreement any stock dividend, reclassification, readjustment or other change is declared or made in the capital structure of any Subsidiary or if any other or additional shares of stock of any Subsidiary are issued to the Pledgor, all new, substituted and additional shares or other securities issued by reason of any such change or acquisition shall immediately be delivered by the Pledgor to the Agent Pledgee and shall be deemed to be part of the "Pledged Collateral Collateral" under the terms of this Agreement in the same manner as the shares of capital stock originally pledged hereunder. Subject to the Loan Subordination Agreement and the Debentureholders Agreement, upon the occurrence and during the continuance of an Event of Default and subject to the terms of the Loan Agreement regarding the exercise of remedies upon an Event of Default, or from and after such time as the Agent Pledgee determines that based on all the facts and circumstances then existing, and in the exercise of its commercially reasonable judgment, the Agent Pledgee reasonably believes that Fraud has occurred, all cash dividends received by or payable to the Pledgor in respect of the Pledged Collateral, including any additional shares of stock or investment property Investment Property received by the Pledgor as a result of the Pledgor’s 's record ownership of the Pledged Stock, shall immediately be delivered by the Pledgor to the AgentPledgee, to be held by the Agent Pledgee as Pledged Collateral hereunder or to be applied by the Agent Pledgee against the Obligations. Upon the occurrence and during the continuance of an Event of Default and subject to the terms of the Loan Agreement regarding the exercise of remedies upon an Event of Default, or from and after such time as the Agent Pledgee determines that based on all the facts and circumstances then existing, and in the exercise of its commercially reasonable judgment, the Agent Pledgee reasonably believes that Fraud has occurred, the Pledgor will not demand and will not be entitled to receive, any cash dividends or other income, interest or property in or with respect to the Pledged Collateral, and if the Pledgor receives any of the same, the Pledgor shall immediately deliver it to the Agent Pledgee to be held by it and applied as provided in the preceding sentence.

Adjustments of Capital Stock; Payment and Application of Dividends. Subject to the Loan Agreement, in In the event that during the term of this Agreement any stock dividend, reclassification, readjustment or other change is declared or made in the capital structure of any Subsidiary Pledged Company or if any other or additional shares of stock of any Subsidiary a Pledged Company are issued to the Pledgor, all new, substituted and additional shares or other securities issued by reason of any such change or acquisition shall immediately be delivered by the Pledgor to the Collateral Agent and shall be deemed to be part of the “Pledged Collateral Collateral” under the terms of this Agreement in the same manner as the shares of capital stock originally pledged hereunder. Subject to the Loan Agreement, upon the occurrence and during the continuance of an Event of Default and subject to the terms of the Loan Agreement regarding the exercise of remedies upon an Event of Default, or from and after such time as the Agent determines that based on all the facts and circumstances then existing, and in the exercise of its commercially reasonable judgment, the Agent believes that Fraud has occurred, all cash dividends received by or payable to the Pledgor in respect of the Pledged Collateral, including any Any additional shares of stock or investment property received by the Pledgor as a result of the Pledgor’s record ownership of the Pledged Stock, Stock shall immediately promptly be delivered by the Pledgor to the AgentCollateral Agent (each certificate accompanied by an undated stock power executed in blank by the Pledgor), to be held by the Collateral Agent as Pledged Collateral hereunder or or, if an Event of Default has occurred and is continuing, to be applied by the Collateral Agent against the Obligations. Upon Unless and until an Event of Default shall occur and be continuing, all cash dividends or distributions payable in respect of the Pledged Collateral (to the extent such payments are permitted under the Note Purchase Agreement) may be paid to the Pledgor; provided, however, that upon the occurrence and during the continuance of an Event of Default and subject to the terms of the Loan Agreement regarding the exercise of remedies upon an Event of Default, or from and after such time as the Agent determines that based on all the facts and circumstances then existing, and in the exercise of its commercially reasonable judgment, the Agent believes that Fraud has occurred, the Pledgor will not demand demand, and will not be entitled to receive, any cash dividends or other income, interest or property in or with respect to the Pledged Collateral, and if the Pledgor receives any of the same, the Pledgor shall immediately promptly deliver it to the Collateral Agent to be held by it and applied as provided in the preceding sentence.