Common use of Distributions; Investments Clause in Contracts

Distributions; Investments. (a) Pay any dividends or make any distribution or payment on, or redeem, retire or repurchase any of its Equity Interests, except, in each case of this Section 6.8, for Permitted Distributions. (b) Directly or indirectly make any Investment other than Permitted Acquisitions and Permitted Investments.

Appears in 8 contracts

Samples: Loan Agreement (Coherus BioSciences, Inc.), Sixteenth Amendment (LumiraDx LTD), Fifteenth Amendment (LumiraDx LTD)

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Distributions; Investments. (a) Pay any dividends or make any distribution or payment on, on or redeem, retire or repurchase purchase any of its Equity Interests, except, in each case of this Section 6.8, for Permitted Distributions. (b) Directly or indirectly make any Investment other than Permitted Acquisitions and Permitted Investments.

Appears in 6 contracts

Samples: Loan Agreement (Epizyme, Inc.), Loan Agreement, Loan Agreement (Epizyme, Inc.)

Distributions; Investments. (a) Pay any dividends or make any distribution or payment on, or redeem, retire or repurchase purchase any capital stock other than Permitted Distributions; or (b) directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Equity Interests, except, Subsidiaries to do so.” and inserting in each case of this Section 6.8, for Permitted Distributions. (b) Directly or indirectly make any Investment other than Permitted Acquisitions and Permitted Investments.lieu thereof the following:

Appears in 3 contracts

Samples: Loan Modification Agreement (Finisar Corp), Loan Modification Agreement (Finisar Corp), Loan Modification Agreement (Finisar Corp)

Distributions; Investments. (a) Pay any dividends or make any distribution or payment on, on or redeem, retire or repurchase purchase any of its Equity Interests, except, in each case of this Section 6.8, for other than Permitted Distributions. (b) Directly or indirectly make any Investment Investment, other than Permitted Acquisitions and or Permitted Investments.

Appears in 2 contracts

Samples: Loan Agreement (Collegium Pharmaceutical, Inc), Loan Agreement (Collegium Pharmaceutical, Inc)

Distributions; Investments. (a) Pay any dividends or make any distribution or payment on, with respect to or redeem, retire or purchase or repurchase any of its Equity Interests, except, in each case of this Section 6.8, for equity interests (other than Permitted Distributions. ), or (b) Directly directly or indirectly make any Investment (including, without limitation, any additional Investment in any Subsidiary) other than Permitted Acquisitions and Permitted Investments.

Appears in 2 contracts

Samples: Credit, Security and Guaranty Agreement (Quotient LTD), Credit, Guaranty and Security Agreement (Quotient LTD)

Distributions; Investments. (a) Pay any dividends or make any distribution or payment on, or redeem, retire or repurchase purchase any capital stock of its Equity Interests, except, in each case of this Section 6.8, for Borrower other than any Permitted Distributions. Distribution; or (b) Directly directly or indirectly make any Investment (including, without limitation, by the formation of any Subsidiary) or permit any of its Subsidiaries to do so, in each case, other than Permitted Acquisitions and Permitted Investments.

Appears in 1 contract

Samples: Loan and Security Agreement (Harmonic Inc)

Distributions; Investments. (a) Pay any dividends or make any distribution or payment on, or redeem, retire or repurchase purchase any of its Equity Interests, except, in each case of this Section 6.8, for Permitted Distributions. capital stock; provided that any Subsidiary may pay dividends or make distributions to Borrower; or (b) Directly directly or indirectly make any Investment (including, without limitation, by the formation of any Subsidiary) other than Permitted Acquisitions and Permitted Investments, or permit any of its Subsidiaries to do so.

Appears in 1 contract

Samples: Loan and Security Agreement (Planar Systems Inc)

Distributions; Investments. (a) Pay any dividends or make any distribution or payment on, or redeem, retire or repurchase purchase any of its Equity Interests, except, Interests other than Permitted Distributions or as otherwise expressly permitted in each case of this Section 6.8, for Permitted Distributions. Agreement; or (b) Directly directly or indirectly make any Investment other than Permitted Acquisitions and Permitted Investments, or permit any of its Subsidiaries to do so.

Appears in 1 contract

Samples: Note Purchase and Security Agreement (Comverge, Inc.)

Distributions; Investments. (a) (i) Pay any dividends or dividends, (ii) make any distribution or distribution, (iii) make any other payment onin respect of its capital stock, or (iv) redeem, retire or repurchase purchase any of its Equity Interests, except, in each case of this Section 6.8, for Permitted Distributions. capital stock; or (b) Directly directly or indirectly make any Investment (including, without limitation, by the formation of any Subsidiary) other than Permitted Acquisitions and Permitted Investments, or permit any of its Subsidiaries to do so.

Appears in 1 contract

Samples: Loan and Security Agreement (Rubicon Technology, Inc.)

Distributions; Investments. (a) Pay any dividends or make any distribution or payment on, or redeem, retire or repurchase purchase any of its Equity Interests, except, in each case of this Section 6.8, for Permitted Distributions. capital stock; or (b) Directly directly or indirectly make any Investment (including, without limitation, by the formation of any Subsidiary) other than Permitted Acquisitions and Permitted Investments.

Appears in 1 contract

Samples: Loan and Security Agreement (Mission Property Holdings LLC)

Distributions; Investments. (a) Pay any dividends or make any distribution or payment on, or redeem, retire or repurchase any of its Equity Interests, except, in each case of this Section 6.8, for Permitted Distributions. (b) Directly or indirectly make any Investment other than Permitted Acquisitions Investments, or permit any of its Subsidiaries to do so; or (b) pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock.” and Permitted Investments.inserting in lieu thereof the following:

Appears in 1 contract

Samples: Loan Modification Agreement (Voxware Inc)

Distributions; Investments. (a) Pay any dividends or make any distribution or payment on, or redeem, retire or repurchase purchase any of its Equity Interestscapital stock, except, in each case of this Section 6.8, for except Permitted Distributions. ; or (b) Directly directly or indirectly make any Investment (including, without limitation, any additional Investment in any Subsidiary) other than Permitted Acquisitions and Permitted Investments, or permit any of its Subsidiaries to do so.

Appears in 1 contract

Samples: Loan and Security Agreement (Network Engines Inc)

Distributions; Investments. (a) Pay any dividends or make any distribution or payment on, or redeem, retire or repurchase any of its Equity InterestsInterests (collectively, “Restricted Payments”), except, in each case of this Section 6.8, for Permitted DistributionsDistributions and Permitted Equity Derivatives. (b) Directly or indirectly make any Investment Investment, other than Permitted Acquisitions and or Permitted Investments.

Appears in 1 contract

Samples: Loan Agreement

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Distributions; Investments. (a) Pay any dividends or make any distribution or payment on, or redeem, retire or repurchase purchase any capital stock of its Equity Interests, except, in each case of this Section 6.8, for either Borrower other than any Permitted Distributions. Distribution; or (b) Directly directly or indirectly make any Investment (including, without limitation, by the formation of any Subsidiary) or permit any of its Subsidiaries to do so, in each case, other than Permitted Acquisitions and Permitted Investments.

Appears in 1 contract

Samples: Loan and Security Agreement (Harmonic Inc)

Distributions; Investments. (a) Pay any dividends or make any distribution or payment on, or redeem, retire or repurchase purchase any of its Equity Interestscapital stock, except, in each case of this Section 6.8, for Permitted Distributions. or (b) Directly directly or indirectly make any Investment other than Permitted Acquisitions Investments, or permit any of its Subsidiaries to do so, unless in the case of each of clauses (a) and Permitted Investments(b), no Default or Event of Default has occurred and is continuing or would result therefrom.

Appears in 1 contract

Samples: Loan Agreement (Energy Recovery, Inc.)

Distributions; Investments. (a) Pay any dividends or make any distribution or payment on, or redeem, retire or repurchase purchase any of its Equity Interests, except, in each case of this Section 6.8, for Permitted Distributions. capital stock; or (b) Directly directly or indirectly make any Investment other than Permitted Acquisitions and Permitted Investments.any

Appears in 1 contract

Samples: Loan Agreement (Lojack Corp)

Distributions; Investments. (a) Pay any dividends or make any distribution or payment on, or redeem, retire or repurchase purchase any stock, partnership, membership, or other ownership interest or other equity securities of its Equity Interests, except, in each case of this Section 6.8, for Borrower other than Permitted Distributions. ; or (b) Directly directly or indirectly make any Investment (including, without limitation, by the formation of any Subsidiary) other than Permitted Acquisitions and Investments, or permit any of its Subsidiaries to do so other than Permitted Investments.

Appears in 1 contract

Samples: Loan and Security Agreement (Savara Inc)

Distributions; Investments. (a) Pay any dividends or make any distribution or payment on, or redeem, retire or repurchase purchase any capital stock of its Equity Interests, except, in each case of this Section 6.8, for a Co-Borrower other than Permitted Distributions. ; or (b) Directly directly or indirectly make any Investment (including, without limitation, by the formation of any Subsidiary) other than Permitted Acquisitions and Investments, or permit any of its Subsidiaries to do so other than Permitted Investments.

Appears in 1 contract

Samples: Loan and Security Agreement (Savara Inc)

Distributions; Investments. (a) Pay any dividends or make any distribution or payment onwith respect to, or redeem, retire or repurchase purchase any of of, its Equity Interests, except, in each case of this Section 6.8, except for Permitted Distributions. ; or (b) Directly directly or indirectly make any Investment other than Permitted Acquisitions and Permitted Investments.

Appears in 1 contract

Samples: Senior Unsecured Convertible Note Purchase Agreement (Poshmark, Inc.)

Distributions; Investments. (a) Pay any dividends or make any distribution or payment on, or redeem, retire or repurchase purchase any of its Equity Interests, except, in each case of this Section 6.8, for Permitted Distributions. capital stock; or (b) Directly directly or indirectly make any Investment (including, without limitation, any additional Investment in any Subsidiary) other than Permitted Acquisitions Investments, or permit any of its Subsidiaries to do so.” and Permitted Investments.inserting in lieu thereof the following:

Appears in 1 contract

Samples: Loan Modification Agreement (Glowpoint Inc)

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