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

Distributions; Capital Change; Restricted Investments. Neither Parent 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 (iii) make any Restricted Investment; provided, however that notwithstanding clauses (i) and (iii) above:

Appears in 2 contracts

Samples: Loan and Security Agreement (Sweetheart Holdings Inc \De\), Loan and Security Agreement (Sweetheart Holdings Inc \De\)

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Distributions; Capital Change; Restricted Investments. Neither Parent nor any of its Subsidiaries shall (i) directly or indirectly declare or make, or incur any liability to make, any 100 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 (iii) make any Restricted Investment; provided, however however, that notwithstanding clauses (i) and (iii) above:

Appears in 1 contract

Samples: Loan and Security Agreement (Sweetheart Holdings Inc \De\)

Distributions; Capital Change; Restricted Investments. Neither Parent 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 Subsidiariespermitted under Section 9.15, (ii) make any change in its capital structure which could have a Material Adverse Effect or (iii) make any Restricted Investment; provided, however that notwithstanding clauses (i) and (iii) above:Investment except as permitted under Section 9.15.

Appears in 1 contract

Samples: Loan and Security Agreement (Merisel Inc /De/)

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Distributions; Capital Change; Restricted Investments. Neither the Parent 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 Parent by its Subsidiaries, (iib) make any change in its capital structure which could have a Material Adverse Effect materially and adversely affect the repayment of the Obligations, or (iiic) make any Restricted Investment; provided, however that notwithstanding clauses (i) and (iii) above:.

Appears in 1 contract

Samples: Loan and Security Agreement (Laclede Steel Co /De/)

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