Capital Distributions. (1) The Managing GP may make Capital Distributions to the Partners, from time to time, as it may determine in its sole discretion, in accordance with and provided that such Capital Distributions are permitted under, Article 6 (Priorities of Payments) and if applicable, under the terms of the Security Agreement.
Capital Distributions. During the ECIP Period, the Recipient shall comply with each of the restrictions on capital distributions (as defined in 31 C.F.R. § 35.21) applicable to it as set forth in the ECIP Interim Final Rule.
Capital Distributions. The Company shall not make any capital distributions, or pay or declare any dividend or distribution, except (i) in connection with a stock split or combination, (ii) in accordance with this Agreement and/or the 2002 Purchase Agreement or (iii) for dividends or distributions by the subsidiaries of the Company to the Company.
Capital Distributions. The Company has not received any capital distribution to which the provisions of section 189, TCGA could apply.
Capital Distributions. (a) The Borrower shall not, and shall not permit any of its Subsidiaries to, make, or declare or incur any liability to make, any Capital Distribution, except that:
Capital Distributions. Available Cash in excess of Operating Surplus as of the end of a Quarter ending prior to the Liquidation Date ("Capital Surplus") shall be distributed to the Partners Pro Rata until the aggregate amount distributed under this Section 5.5 with respect to an Initial Common Unit equals the Initial Unit Price. Thereafter, all Available Cash shall be distributed pursuant to Sections 5.3 and 5.4, as applicable.
Capital Distributions. No Company shall pay or commit themselves to pay any Capital Distributions at any time; provided, however, that any Company may pay or commit itself to pay a Capital Distribution at any time to Borrower or a Pledgor.
Capital Distributions. During the ECIP Period, the Credit Union shall comply with each of the restrictions on capital distributions (as defined in 31 C.F.R. § 35.21) applicable to it as set forth in the ECIP Interim Final Rule.
Capital Distributions. In the event of any capital distribution in cash by any Subsidiary of the Borrower, if the Funding Date has occurred, the Borrower shall repay or cause to be repaid the Loan within five (5) Business Days following the actual receipt by the Borrower of the Net Distribution Proceeds of such capital distribution in an aggregate amount equal to 100% of such Net Distribution Proceeds or (b) if the Funding Date has not occurred, the Commitments shall be subject to automatic reduction on the date of the receipt by the Borrower of such Net Distribution Proceeds by an aggregate amount equal to 100% of such Net Distribution Proceeds; provided that in lieu of making such prepayment or Commitment reduction the Borrower may elect, by written notice to the Lender prior to its receipt of such Net Distribution Proceeds, to deposit all or a portion of such Net Distribution Proceeds into the Cash Collateral Account and the repayment obligation or Commitment reduction otherwise required pursuant to this paragraph (b) shall be reduced by the amount so deposited; and provided further, that in the event the Borrower disposes of any Non-Cash Distribution in exchange for cash or cash equivalents, the date of such sale will be deemed to constitute a capital distribution in cash, and thus be subject to the provisions of this Section 4.3(b).
Capital Distributions. The Borrower shall not make Capital Distributions unless (a) the Borrower shall be in full compliance with Section 5.07 hereof both prior to and after giving effect to such Capital Distribution, (b) no Default or Event of Default has occurred and is continuing or will occur and be continuing after giving effect to such Capital Distribution and (c) the aggregate amount of all such Capital Distributions during any fiscal year of the Borrower does not exceed the Specified Basket Amount; provided that, if at the time of and after giving effect (including giving effect thereto on a Pro Forma Basis) to such Capital Distribution, the Leverage Ratio is less than 2.00 to 1.00, there shall be no Dollar limitation on such Capital Distributions.
