Distributions; Capital Change; Restricted Investments. Such Loan Party shall not (i) directly or indirectly declare or make, or incur any liability to make, any Distribution, except Distributions to a Loan Party (other than FMXI or the Parent), (ii) make any change in its capital structure which could reasonably be expected to have a Material Adverse Effect or (iii) make any Restricted Investment; provided, however, that notwithstanding clauses (i) and (iii) above:
Appears in 4 contracts
Samples: Possession Credit Agreement (Foamex L P), Possession Credit Agreement (Foamex L P), Credit Agreement (Foamex International Inc)
Distributions; Capital Change; Restricted Investments. (a) Such Loan Party shall not (i) directly or indirectly declare or make, or incur any liability to make, any Distribution, except Distributions to a Loan Party (other than FMXI or the Parent), (ii) make any change in its capital structure which could reasonably be expected to have a Material Adverse Effect or (iii) make any Restricted Investment; provided, however, that notwithstanding clauses (i) and (iii) above:except,
Appears in 2 contracts
Samples: Credit Agreement (Gibson Energy ULC), Credit Agreement (Johnstone Tank Trucking Ltd.)
Distributions; Capital Change; Restricted Investments. Such No Loan Party shall not (i) directly or indirectly declare or make, or incur any liability to make, any Distribution, except Distributions to a Loan Party (other than FMXI or the Parent)for Permitted Distributions, (ii) make any change in its capital structure which could reasonably be expected to have a Material Adverse Effect or (iii) make or have any Restricted Investment; provided, however, that notwithstanding clauses (i) and (iii) above:;
Appears in 2 contracts
Samples: Term Loan Agreement (Salton Inc), Term Loan Agreement (Harbinger Capital Partners Master Fund I, Ltd.)
