Common use of Distributions; Investments Clause in Contracts

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock, except that the Company may repurchase the Common Stock of former employees (if such stock was originally issued pursuant to an incentive equity plan or agreement) pursuant to stock repurchase agreements as long as an Event of Default does not exist prior to such repurchase or would not exist after giving effect to such repurchase.

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock, except that the Company may repurchase the Common Stock for repurchases of stock from former employees (if such stock was originally issued pursuant to an incentive equity plan or agreement) pursuant to stock directors of Borrower under the terms of applicable repurchase agreements as long as in an aggregate amount not to exceed $250,000 in any fiscal year, provided that no Event of Default does not exist prior to such repurchase has occurred, is continuing or would not exist after giving effect to such repurchasethe repurchases.

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any cash dividends or make any distribution or payment or redeem, retire or purchase any capital stock, except that for the Company may repurchase the Common Stock of former employees (if such stock was originally issued from employees, officers, and directors of Borrower pursuant to the terms of applicable repurchase agreement in an incentive equity plan or agreement) pursuant aggregate amount not to stock repurchase agreements as long as an exceed $50,000 in the aggregate in any fiscal year, provided that no Event of Default does not exist prior to such repurchase has occurred or is continuing or would not exist after giving effect to such repurchaserepurchases.

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock, except that the Company may repurchase the Common Stock for repurchases of stock from former employees (if such stock was originally issued pursuant to an incentive equity plan or agreement) pursuant to stock directors of Borrower under the terms of applicable repurchase agreements as long as in an aggregate amount not to exceed $50,000 in the aggregate in any fiscal year, provided that no Event of Default does not exist prior to such repurchase has occurred, is continuing or would not exist after giving effect to such repurchasethe repurchases.

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock, stock except that the Company may repurchase the Common Stock for repurchases of stock from former employees (if such stock was originally issued pursuant to an incentive equity plan or agreement) pursuant to stock directors of Borrower under the terms of applicable repurchase agreements as long as in an aggregate amount not to exceed $250,000 in the aggregate in any fiscal year, provided that no Event of Default does not exist prior to such repurchase has occurred, is continuing or would not exist after giving effect to such repurchasethe repurchases.

Distributions; Investments. Directly Except as set forth in Section 7.3 and 7.4 above, directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock, except that the Company may repurchase the Common Stock for repurchases of stock from consultants, former employees (if such stock was originally issued pursuant to an incentive equity plan or agreement) pursuant to stock directors of Borrower under the terms of applicable repurchase agreements as long as in an aggregate amount not to exceed $500,000 in any fiscal year, provided that no Event of Default does not exist prior to such repurchase has occurred, is continuing or would not exist after giving effect to such repurchasethe repurchases.

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock, except that for (i) repurchases of stock from former employees, consultants, officers or directors of Borrower under the Company may repurchase the Common Stock terms of former employees (if such stock was originally issued pursuant to an incentive equity plan or agreement) pursuant to stock applicable repurchase agreements as long as in an aggregate amount not to exceed $250,000 in any fiscal year, provided that no Event of Default does not exist prior to such repurchase has occurred, is continuing or would not exist after giving effect to such the repurchase, and (ii) dividends or distributions of capital stock.

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock, stock [except that the Company may repurchase the Common Stock for repurchases of stock from former employees (if such stock was originally issued pursuant to an incentive equity plan or agreement) pursuant to stock directors of Borrower under the terms of applicable repurchase agreements as long as in an aggregate amount not to exceed [$50,000] in the aggregate in any fiscal year, provided that no Event of Default does not exist prior to such repurchase has occurred, is continuing or would not exist after giving effect to such the repurchase].

Distributions; Investments. (i) Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; or (ii) pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock, except that the Company may repurchase the Common Stock for repurchases of stock from former employees (if such stock was originally issued pursuant to an incentive equity plan or agreement) pursuant to stock directors of Borrower under the terms of applicable repurchase agreements as long as in an aggregate amount not to exceed $50,000.00 in the aggregate in any fiscal year, provided that no Event of Default does not exist prior to such repurchase has occurred, is continuing or would not exist after giving effect to such repurchasethe repurchases.

Distributions; Investments. Directly Except as expressly permitted by Section 7.3, (i) directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay so or (ii) pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock, except that the Company may of repurchase the Common Stock of stock or stock options from former employees (if or directors of Borrowers under the terms of applicable repurchase agreements, provided that at the time of such stock was originally issued pursuant to an incentive equity plan or agreement) pursuant to stock repurchase agreements as long as an repurchase, no Event of Default does not exist prior to such repurchase has occurred, is continuing or would not exist after giving effect to such repurchasethe repurchases.

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; or (ii) pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock, except that the Company may repurchase the Common Stock for repurchases of stock from former employees (if such stock was originally issued pursuant to an incentive equity plan or agreement) pursuant to stock directors of Borrower under the terms of applicable repurchase agreements as long as that do not involve cash or stock option programs that in an aggregate amount not to exceed $50,000 in any fiscal year, provided that no Event of Default does not exist prior to such repurchase has occurred, is continuing or would not exist after giving effect to such repurchasethe repurchases.

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock, except that the Company may repurchase the Common Stock for repurchases of stock from former employees (if such stock was originally issued pursuant to an incentive equity plan or agreement) pursuant to stock directors of Borrower under the terms of applicable repurchase agreements as long as in an aggregate amount not to exceed $250,000 in the aggregate in any fiscal year, provided that no Event of Default does not exist prior to such repurchase has occurred, is continuing or would not exist after giving effect to such repurchasethe repurchases.

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted InvestmentsInvestments except as permitted by Section 7.3, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stockstock except for (x) dividends and distributions solely in the capital stock of Borrower and (y) repurchases of stock from former employees, except consultants, or directors of Borrower under the terms of applicable repurchase agreements, provided that the Company may repurchase the Common Stock of former employees (if such stock was originally issued pursuant to an incentive equity plan or agreement) pursuant to stock repurchase agreements as long as an no Event of Default does not exist prior to such repurchase has occurred, is continuing or would not exist after giving effect to such repurchasethe repurchases.

Distributions; Investments. Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock, except that the Company may repurchase the Common Stock for repurchases of stock from former employees (if such stock was originally issued pursuant to an incentive equity plan or agreement) pursuant to stock directors of Borrower under the terms of applicable repurchase agreements as long as in an aggregate amount not to exceed $100,000 in the aggregate in any fiscal year, provided that no Event of Default does not exist prior to such repurchase has occurred, is continuing or would not exist after giving effect to such repurchasethe repurchases.

Distributions; Investments. (a) Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay ; or (b) pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock, except that the Company may repurchase the Common Stock for repurchases of stock from former employees (if such stock was originally issued pursuant to an incentive equity plan or agreement) pursuant to stock directors of Borrower under the terms of applicable repurchase agreements as long as in an aggregate amount not to exceed $50,000.00 in the aggregate in any fiscal year, provided that no Event of Default does not exist prior to such repurchase has occurred, is continuing or would not exist after giving effect to such repurchasethe repurchases.