Common use of Distributions; Capital Change; Restricted Investments Clause in Contracts

Distributions; Capital Change; Restricted Investments. Neither the Borrower nor any of its Subsidiaries shall (i) directly or indirectly declare or make, or incur any liability to make, any Distribution, except Distributions to the Borrower by its Subsidiaries, (ii) make any change in its capital structure which could have a Material Adverse Effect or issue any capital stock other than common stock or (iii) make any Restricted Investment.

Appears in 2 contracts

Samples: Loan and Security Agreement (United States Leather Inc /Wi/), Loan and Security Agreement (United States Leather Inc /Wi/)

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Distributions; Capital Change; Restricted Investments. Neither the No Borrower nor any of its Subsidiaries shall (ia) directly or indirectly declare or make, or incur any liability to make, any Distribution, except Distributions to the Borrower by its SubsidiariesPermitted Distributions, (iib) make any change in its capital structure which could have a Material Adverse Effect or issue any capital stock other than common stock Effect, or (iiic) make any Restricted Investment.

Appears in 2 contracts

Samples: Credit Agreement (Encore Medical Corp), Credit Agreement (Encore Medical Corp)

Distributions; Capital Change; Restricted Investments. Neither the Borrower nor any of its Subsidiaries shall (i) directly or indirectly declare or make, or incur any liability to make, any Distribution, except Distributions to the Borrower by its Subsidiaries, (ii) make any change in its capital structure which could have a Material Adverse Effect or issue any capital stock other than common stock or (iii) make any Restricted Investment.

Appears in 2 contracts

Samples: Loan and Security Agreement (Anchor Glass Container Corp /New), Credit Agreement (Central Freight Lines Inc)

Distributions; Capital Change; Restricted Investments. Neither the No Borrower nor any of its Subsidiaries shall (i) directly or indirectly declare or make, or incur any liability to make, any Distribution, except (A) Distributions to any other Borrower and (B) the Borrower acquisitions of shares of the Company's stock pursuant to any compensation or benefit plan approved by its Subsidiariesthe Bankruptcy Court, (ii) make any change in its capital structure which could would have a Material Adverse Effect or issue any capital stock other than common stock or (iii) make any Restricted Investment.

Appears in 1 contract

Samples: Credit Agreement (Owens Corning)

Distributions; Capital Change; Restricted Investments. Neither the The Borrower nor any of its Subsidiaries shall not (i) directly or indirectly declare or make, or incur any liability to make, any Distribution, except Distributions to the Borrower by its Subsidiaries, or (ii) make any change in its capital structure which could have a Material Adverse Effect or issue any capital stock other than common stock or (iii) make any Restricted InvestmentEffect.

Appears in 1 contract

Samples: Loan and Security Agreement (Emergent Group Inc)

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Distributions; Capital Change; Restricted Investments. Neither the Borrower nor any of its Subsidiaries shall (i) directly or indirectly declare or make, or incur any liability to make, any Distribution, except Distributions to the Borrower by its Subsidiaries, (ii) make any change in its capital structure which could have a Material Adverse Effect or issue any capital stock other than common stock Effect, or (iii) make any Restricted Investment.

Appears in 1 contract

Samples: Loan and Security Agreement (Good Guys Inc)

Distributions; Capital Change; Restricted Investments. Neither the Such Borrower nor shall not, and shall not suffer or permit any of its Subsidiaries shall to, (i) directly or indirectly declare or make, or incur any liability to make, any Distribution, except Distributions to the Borrower by its Subsidiariesa Borrower, (ii) make any change in its capital structure which could have a Material Adverse Effect or issue any capital stock other than common stock or (iii) make any Restricted Investment.

Appears in 1 contract

Samples: Loan and Security Agreement (Acme Metals Inc /De/)

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