Contributions; Payments Sample Clauses
Contributions; Payments. (a) Holdings will contribute as an ----------------------- equity contribution to the capital of the Borrower upon its receipt thereof, any cash proceeds (net of reasonable costs associated with such sale or issuance) received by Holdings from any sale or issuance of its preferred or common equity (including, without limitation, the proceeds of the IPO) or any cash capital contributions received by Holdings, provided that to the extent permitted by -------- Section 8.05(s), Holdings may lend proceeds of Permitted Equity Proceeds to the Borrower.
(b) The Borrower will use the proceeds of all equity contributions received by it from Holdings as provided in clause (a) above toward the repayment of Term Loans to the extent required by Section 4.02.
Contributions; Payments. Holdings will contribute as an equity contribution to the capital of the Borrower promptly upon its receipt thereof, any cash proceeds (net of reasonable costs associated with such sale or issuance) received by Holdings from any sale or issuance of its preferred or common equity or any cash capital contributions received by Holdings, provided that (i) to the extent permitted by Section 8.05(r), Holdings may lend such proceeds to the Borrower through Borrower Subordinated Loans and (ii) Holdings may retain such proceeds for a period not exceeding three (3) days to the extent such proceeds have been specifically allocated for use by Holdings in connection with any transaction permitted to be consummated by Holdings hereunder and Holdings may use such proceeds within such three (3) day period for such allocated use.
Contributions; Payments. (a) Holdings will contribute as an ----------------------- equity contribution to the capital of the U.S. Borrower upon its receipt thereof, any cash proceeds (net of reasonable costs associated with such sale or issuance) received by Holdings from any sale or issuance of its preferred or common equity or any cash capital contributions received by Holdings, provided -------- that to the extent permitted by Section 8.06(t), Holdings may lend proceeds of Private Equity Proceeds to the U.S. Borrower.
Contributions; Payments. Neither the Company nor any director, ----------------------- officer, agent, employee or other person associated with, or acting on behalf of, the Company has, directly or indirectly at any time since the inception of the Company: used any Company funds for unlawful contributions, gifts, entertainment, or other unlawful expenses relating to political activity; made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns from Company funds; violated any provision of the Foreign Corrupt Practices Act of 1977 (the "FCPA"), as amended; or made any unlawful payment. The Company's internal ---- accounting controls and procedures are sufficient to cause the Company to comply in all respects with the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and the FCPA. -------------
Contributions; Payments. (a) Holdings will contribute as an equity contribution to the capital of Company upon its receipt ------------------------ thereof, any cash proceeds (net of reasonable costs associated with such sale or issuance) received by Holdings from any sale or issuance of its preferred or common equity or any cash capital contributions received by Holdings.
(b) Company will use the proceeds of all equity contributions received by it from Holdings as provided in clause (a) above toward the repayment of Loans to the extent required by Section 4.4(e). --------------
Contributions; Payments. Neither the Company nor any Selling ----------------------- Stockholder has at any time during the last five years (i) made any unlawful contribution to any candidate for foreign office, or failed to disclose any contribution in violation of law, or (ii) made any payment to any foreign, United States or state governmental officer or official, or other person charged with similar public of quasi-public duties, other than payments required or permitted by the laws of the United States.
Contributions; Payments. (a) Holdings will contribute as an equity contribution to the capital of the Borrower upon its receipt thereof, any net cash proceeds received by Holdings after the Initial Borrowing Date from any sale or issuance of its equity or any cash capital contributions received by Holdings after the Initial Borrowing Date (other than the net proceeds received from any cash capital contributions from Picower and/or any of his Affiliates or the sale or issuance of any Holdings Common Stock to the extent that (i) such net proceeds are not required to be applied to prepay the Loans pursuant to clause (z) of Section 4.02(A)(d) and (ii) such net proceeds are applied to redeem, repurchase or prepay the 7-1/4% Debentures pursuant to Section 8.15(i)).
(b) the Borrower will use the proceeds of all equity contributions received by it from Holdings as provided in clause (a) above toward the repayment of Term Loans to the extent required by Section 4.02.
Contributions; Payments. (a) Holdings will contribute as a ----------------------- common equity contribution to the capital of the Borrower upon its receipt thereof, any cash proceeds received by Holdings after the Initial Borrowing Date from any asset sale, any incurrence of Indebtedness, any Recovery Event, any sale or issuance of its preferred or common equity or any cash capital contributions received by Holdings after the Initial Borrowing Date.
(b) The Borrower will use the proceeds of all equity contributions received by it from Holdings as provided in clause (a) above toward the repayment of Term Loans to the extent required by Section 4.02.
Contributions; Payments. (a) Holdings will contribute as a common equity contribution to the capital of the Borrower promptly upon its receipt thereof, any cash proceeds received by it after the Effective Date from any source (including, without limitation, any dividend payment or equity distribution, any asset sale, any incurrence of Indebtedness, any Recovery Event, any sale or issuance of its preferred or common equity or any cash capital contributions) received by it after the Effective Date, excluding, however, the amounts described in Sections 8.06(iii), (iv), and (v) if such amounts are promptly used for the purposes set forth therein.
(b) The Borrower will use the proceeds of all equity contributions received by it from Holdings as provided in clause (a) above toward the repayment of Loans to the extent required by Section 4.02.
Contributions; Payments. 101 7.13 Maintenance of Corporation Separateness...........................................................101 ARTICLE VIII NEGATIVE COVENANTS..............................................................................................102 8.1 Liens.............................................................................................102 8.2 Indebtedness......................................................................................103 8.3 Fundamental Changes...............................................................................105 8.4 Asset Sales.......................................................................................105 8.5 Restricted Payments...............................................................................107 8.6 Issuance of Stock.................................................................................108 8.7 Loans, Investment and Acquisitions................................................................108 8.8 Transactions with Affiliates......................................................................109 8.9 Sale-Leasebacks...................................................................................111 8.10 Lines of Business.................................................................................111 8.11 Fiscal Year.......................................................................................111 8.12 Limitation on Voluntary Payments and Modifications of Indebtedness; Modifications of Certificate of Incorporation, By-Laws and Certain Other Agreements; Certain Derivative Transactions; etc........................111 8.13 Limitation on Certain Restrictions on Subsidiaries................................................112 8.14 Accounting Changes................................................................................113 8.15 Limitation on Creation of Subsidiaries............................................................
