Distributions or Dividends. Declare or make, directly or indirectly, any payment or distribution, or incur any liability for the purchase, acquisition, redemption or retirement of any capital stock of the Borrower or as a dividend, return of capital or other payment or distribution of any kind to a shareholder of the Borrower or any affiliate of the Borrower (other than any stock dividend or stock split or similar distribution payable only in capital stock of the Borrower) in respect of the Borrower's capital stock.
Distributions or Dividends. Seller will not declare or pay any dividend, make any distribution on shares of its capital stock or repurchase any shares of its capital stock.
Distributions or Dividends. No Borrower will declare or make (directly or indirectly) any payment or distribution with respect to, or incur any liability for the purchase, acquisition, redemption or retirement of, any of its equity interests (including warrants therefor) or as a dividend, return of capital or other payment or distribution of any kind to any holder of any such equity interest. Notwithstanding the foregoing, so long as no Default then exists under the Loan Documents or would otherwise be caused by the payment of such dividend, then any Borrower may declare and distribute reasonable and lawful dividends to any of its owners that are also a Borrower. Notwithstanding the foregoing, NBG will make all payments and distributions to the Lenders entitled thereto required under or in connection with the Option and Warrant Agreement, the Warrants and/or any related warrant shares.
Distributions or Dividends. 35 5.11. Payment of Subordinated Indebtedness..............................36 5.12. Payment of Management Fees and Other Compensation.................36 5.13. Issuance of Additional Equity.....................................36 5.14. Removal of Assets.................................................36 5.15. Modifications to Organic Documents................................37 5.16. Terms of and Modifications to Material Relationships..............37 5.17. Margin Stock Restrictions; Other Federal Statutes.................37 5.18. Holding Company Structure.........................................37 ARTICLE 6: ADDITIONAL COLLATERAL AND RIGHT OF SET OFF........................37 6.1.
Distributions or Dividends. Declare or make, directly or indirectly, any payment or distribution, or incur any liability for the purchase, acquisition, redemption or retirement of any capital stock of the Borrower or as a dividend, return of capital or other payment or distribution of any kind to a shareholder of the Borrower or any affiliate of the Borrower (other than any stock dividend or stock split or similar distribution payable only in capital stock of the Borrower) in respect of the Borrower's capital stock, except that the Borrower may declare one annual dividend per year on all classes of its capital stock with the prior written consent of the Lender. Notwithstanding the foregoing, Borrower shall be permitted to distribute to a shareholder of Borrower, any payments as received by Borrower pursuant to Attachment I of the Time Brokerage Agreement between Borrower and Lender for the operation of the Station.
Distributions or Dividends. No Borrower will declare or make (directly or indirectly) any payment or distribution with respect to, or incur any liability for the purchase, acquisition, redemption or retirement of, any of its equity interests (including warrants therefor) or as a dividend, return of capital or other payment or distribution of any kind to any holder of any such equity interest.
Distributions or Dividends. 45 5.11. Payment of Subordinated Indebtedness . . . . . . . . . . . . . 45 5.12.
Distributions or Dividends. Borrower will not (i) declare or pay any cash distribution, or dividend; (ii) purchase, redeem or otherwise acquire for value any of its stock now or hereafter outstanding; (iii) return any capital to its stockholders, or (iv) make any distribution of its assets to its stockholders as such, except the foregoing shall not apply to cash distributions to its owners in amounts not exceeding such owners' income tax and franchise tax liability (calculated at the highest of such owner's actual tax rates) directly attributable to Borrower's income; provided, however, that immediately before and after giving effect thereto no (A) Default or Event of Default or (B) Borrowing Base deficiency or requirement to make any mandatory prepayment of principal pursuant to Section 9(b) hereof, shall exist.
Distributions or Dividends. Seller ----------------------------- -------------------------- will not declare or pay any dividend, make any distribution on shares of its capital stock or repurchase any shares of its capital stock.
Distributions or Dividends. After the date of this Agreement until the First Merger Effective Time:
(a) if permitted by applicable Law and the Company Operating Agreement, the Manager shall determine and declare, and cause the Company to pay regular quarterly cash distributions to the holders of Common Units consistent with past practice, including with respect to the timing of record dates and payment dates in an amount not less than $0.1325 per unit per quarter; and
(b) the Company shall coordinate with Parent regarding the declaration of any distributions in respect of Common Units and the record dates and payment dates relating thereto, it being the intention of the parties that holders of Common Units shall not, without Parent’s written consent, receive, for any quarter, distributions both in respect of Common Units and also dividends in respect of Parent Common Stock that they receive in exchange therefor in the First Merger, but that they shall receive for any such quarter either: (i) only distributions in respect of Common Units or (ii) only dividends in respect of Parent Common Stock that they receive in exchange therefor in the First Merger.
