Common use of Certain Other Restrictions Clause in Contracts

Certain Other Restrictions. (a) If the Rating Agency Guidelines require the Fund to receive a prior written confirmation that certain actions would not impair the rating then assigned by the Rating Agency to a Senior Security, then the Fund will not engage in such actions, unless it has received written confirmation from each such Rating Agency that such actions would not impair the rating then assigned by such Rating Agency. (b) The Fund will not declare any dividend or other distribution (other than a dividend or distribution paid in shares of capital stock of the Fund) upon any class of shares of capital stock of the Fund or purchase any capital stock of the Fund, unless, in every such case, immediately after such transaction, an asset coverage of at least 300% would be achieved after deducting the amount of such dividend, distribution or purchase price, as the case may be; provided, however, that dividends may be declared upon any Preferred Stock of the Fund if the Notes and any other Senior Securities have an asset coverage (as determined in accordance with Section 18(h) of the 1940 Act as in effect on the date of Closing) of at least 200% at the time of declaration thereof, after deducting the amount of such dividend. (c) A declaration of a dividend or other distribution on or purchase or redemption of any common or preferred shares of capital stock of the Fund is prohibited (i) at any time that an Event of Default has occurred and is continuing or (ii) if after giving effect to such declaration, the Fund would not satisfy the Basic Maintenance Test.

Appears in 4 contracts

Samples: Note Purchase Agreement (ClearBridge Energy MLP Fund Inc.), Note Purchase Agreement (ClearBridge Energy MLP Opportunity Fund Inc.), Note Purchase Agreement (ClearBridge Energy MLP Fund Inc.)

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Certain Other Restrictions. (a) If the Rating Agency Guidelines require the Fund to receive a prior written confirmation that certain actions would not impair the rating then assigned by the Rating Agency to a Senior Security, then the Fund will not engage in such actions, unless it has received written confirmation from each such Rating Agency that such actions would not impair the rating then assigned by such Rating Agency. (b) The Fund will not declare any dividend or other distribution (other than a dividend or distribution paid in shares of capital stock of the Fund) upon any class of shares of capital stock of the Fund or purchase any capital stock of the Fund, unless, in every such case, immediately after such transaction, an asset coverage of at least 300% would be achieved after deducting the amount of such dividend, distribution or purchase price, as the case may be; provided, however, that dividends may be declared upon any Preferred Stock of the Fund if the Notes and any other Senior Securities have an asset coverage (as determined in accordance with Section 18(h) of the 1940 Act as in effect on the date of Closing) of at least 200% at the time of declaration thereof, after deducting the amount of such dividend.. ClearBridge Energy MLP Fund Inc. Note Purchase Agreement (c) A declaration of a dividend or other distribution on or purchase or redemption of any common or preferred shares of capital stock of the Fund is prohibited (i) at any time that an Event of Default has occurred and is continuing or (ii) if after giving effect to such declaration, the Fund would not satisfy the Basic Maintenance Test.

Appears in 1 contract

Samples: Note Purchase Agreement (ClearBridge Energy MLP Fund Inc.)

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Certain Other Restrictions. (a) If the Rating Agency Guidelines require the Fund to receive a prior written confirmation that certain actions would not impair the rating then assigned by the Rating Agency to a Senior Security, then the Fund will not engage in such actions, unless it has received written confirmation from each such Rating Agency that such actions would not impair the rating then assigned by such Rating Agency. (b) The Fund will not declare any dividend or other distribution (other than a dividend or distribution paid in shares of capital stock of the Fund) upon any class of shares of capital stock of the Fund or purchase any capital stock of the Fund, unless, in every such case, immediately after such transaction, an asset coverage of at least 300% would be achieved after deducting the amount of such dividend, distribution or purchase price, as the case may be; provided, however, that dividends may be declared upon any Preferred Stock of the Fund if the Notes and any other Senior Securities have an asset coverage (as determined in accordance with Section 18(h) of the 1940 Act as in effect on the date of Closing) of at least 200% at the time of declaration thereof, after deducting the amount of such dividend. (c) A declaration of a dividend or other distribution on or purchase or redemption of any common or preferred shares of capital stock of the Fund is prohibited (i) at any time that an Event of Default has occurred and is continuing or (ii) if after giving effect to such declaration, the Fund would not satisfy the Basic Maintenance Test.. ClearBridge Energy MLP Fund Inc. Note Purchase Agreement

Appears in 1 contract

Samples: Note Purchase Agreement (ClearBridge Energy MLP Fund Inc.)

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