Distributions; Upstream Payments. Declare or make any Distributions, except Upstream Payments and Permitted Distributions; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any Upstream Payment, except for restrictions under the Loan Documents, under Applicable Law or in effect on the Closing Date as shown on Schedule 9.1.15.
Appears in 6 contracts
Samples: Loan and Security Agreement (Americas Carmart Inc), Loan and Security Agreement (Conns Inc), Loan and Security Agreement (Americas Carmart Inc)
Distributions; Upstream Payments. Declare or make any Distributions, except Upstream Payments and Permitted Distributions; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any Upstream Payment, except for restrictions under the Loan Documents, under Applicable Law or in effect on the Closing Date as shown on Schedule 9.1.15.
Appears in 4 contracts
Samples: Loan, Security and Guarantee Agreement (National CineMedia, Inc.), Loan and Security Agreement (Northwest Pipe Co), Loan and Security Agreement (AGY Holding Corp.)
Distributions; Upstream Payments. Declare or make any Distributions, except Upstream Payments and Permitted DistributionsPayments; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any Upstream Payment, except for restrictions under the Loan Documents, under Applicable Law or in effect on the Closing Date as shown on Schedule 9.1.159.1.16.
Appears in 3 contracts
Samples: Loan and Security Agreement (Modtech Holdings Inc), Loan and Security Agreement (Global Crossing LTD), Loan and Security Agreement (Arctic Cat Inc)
Distributions; Upstream Payments. Declare or make any Distributions, except Upstream Payments and Permitted Distributions; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any Upstream Payment, except for restrictions under the Loan Documents and the Organic Documents, under Applicable Law or in effect on the Closing Date as shown on Schedule 9.1.159.1.15 or as permitted by Section 10.2.14.
Appears in 3 contracts
Samples: Loan and Security Agreement (Capella Healthcare, Inc.), Loan and Security Agreement (Lawton Surgery Investment Company, LLC), Loan and Security Agreement (NPMC Holdings, LLC)
Distributions; Upstream Payments. Declare or make any Distributions, except Upstream Payments and Permitted DistributionsPayments; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any Upstream Payment, except for restrictions under the Loan Documents, under the Revolving Loan Documents, under Applicable Law or in effect on the Closing Date as shown on Schedule 9.1.15.
Appears in 2 contracts
Samples: Loan Agreement (School Specialty Inc), Loan Agreement (School Specialty Inc)
Distributions; Upstream Payments. Declare or make any Distributions, except Upstream Payments and Permitted DistributionsPayments; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any Upstream Payment, except for restrictions under the Loan Documents, under Applicable Law or in effect on the Closing Date as shown on Schedule 9.1.15.
Appears in 2 contracts
Samples: Loan Agreement (School Specialty Inc), Loan Agreement (School Specialty Inc)
Distributions; Upstream Payments. Declare or make any Distributions, except Upstream Payments and Permitted DistributionsPayments; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any Upstream Payment, except for restrictions under the Loan Documents, under Applicable Law or in effect on the Closing Date as shown on Disclosure Schedule 9.1.15.
Appears in 2 contracts
Samples: Term Loan and Security Agreement (Sport Chalet Inc), Loan and Security Agreement (Sport Chalet Inc)
Distributions; Upstream Payments. Declare or make any Distributions, except Upstream Payments and Permitted Distributions; or create Create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any Upstream Payment, except for restrictions under the Loan Documents, under Applicable Law or in effect on the Closing Date as shown on Schedule 9.1.15., or declare or make any Distributions except:
Appears in 2 contracts
Samples: Loan and Security Agreement (Houston Wire & Cable CO), Loan and Security Agreement (Houston Wire & Cable CO)
Distributions; Upstream Payments. Declare or make any Distributions, except Upstream Payments and Permitted Distributions; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any an Upstream Payment, except for restrictions under the Loan Documents, under Applicable Law or in effect on the Closing Date as shown on Schedule 9.1.159.1.15 to the Disclosure Letter.
Appears in 2 contracts
Samples: Loan, Guaranty and Security Agreement (Infinera Corp), Loan and Security Agreement (Arlo Technologies, Inc.)
Distributions; Upstream Payments. Declare or make any Distributions, except Upstream Payments and or Permitted Distributions; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any Upstream Payment, except for restrictions under the Loan Documents, under Applicable Law or in effect on the Closing Date as shown on Schedule 9.1.15.
Appears in 2 contracts
Samples: Loan and Security Agreement (Lapolla Industries Inc), Loan and Security Agreement (Lapolla Industries Inc)
Distributions; Upstream Payments. Declare or make any Distributions, except Permitted Distributions and Upstream Payments and Permitted DistributionsPayments; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any Upstream Payment, except for restrictions under the Loan Documents, under Applicable Law or in effect on the Closing Date as shown on Schedule 9.1.15.
Appears in 1 contract
Distributions; Upstream Payments. Declare or make any Distributions, except Upstream Payments and Permitted Distributions; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any an Upstream Payment, except for restrictions under the Loan Documents, under Applicable Law or in effect on the Closing Date as shown on Schedule 9.1.15.
Appears in 1 contract
Samples: Loan and Security Agreement (Servicesource International, Inc.)
Distributions; Upstream Payments. Declare or make any Distributions, except Upstream Payments and Permitted Distributions; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any Upstream Payment, except for restrictions under the Loan Documents, the ABL Loan Documents, under Applicable Law or in effect on the Closing Date as shown on Schedule 9.1.15.
Appears in 1 contract
Distributions; Upstream Payments. Declare or make any Distributions, except Upstream Payments and Permitted DistributionsPayments; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any Upstream Payment, except for restrictions under the Loan Documents, the ABL Facility Documents, under Applicable Law or in effect on the Closing Date as shown on Schedule 9.1.155.15.
Appears in 1 contract
Distributions; Upstream Payments. Declare or make any Distributions, except Upstream Payments and Permitted DistributionsPayments; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any Upstream Payment, except for restrictions under the Loan Documents, the Permitted Term Debt Documents, under Applicable Law or in effect on the Closing Date as shown on Schedule 9.1.15.
Appears in 1 contract
Distributions; Upstream Payments. Declare or make any Distributions, except Upstream Payments and Permitted DistributionsPayments; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any Upstream Payment, except for restrictions under the Loan Documents, under Applicable Law or in effect on the Closing Date as shown on Disclosure Schedule 9.1.159.1.16.
Appears in 1 contract
Distributions; Upstream Payments. Declare or make any Distributions, except Upstream Payments and Permitted DistributionsPayments; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any Upstream Payment, except for restrictions under the Loan Documents, under the Term Loan Documents, under Applicable Law or in effect on the Closing ClosingAmendment No. 3 Effective Date as shown on Schedule 9.1.15.
Appears in 1 contract
Distributions; Upstream Payments. Declare or make any Distributions, except (a) Upstream Payments and Payments, or (b) Permitted Distributions; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any an Upstream Payment, except for restrictions under the Loan Documents, under Applicable Law or in effect on the Closing Date as shown on Schedule 9.1.15.
Appears in 1 contract
Samples: Loan and Security Agreement (HOOKER FURNISHINGS Corp)
Distributions; Upstream Payments. Declare or make any Distributions, except Upstream Payments and Permitted Distributions; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any Upstream Payment, except for restrictions under the Loan Documents, the Term Loan Documents, under Applicable Law or in effect on the Closing Date as shown on Schedule 9.1.15.
Appears in 1 contract
Distributions; Upstream Payments. Declare or make any Distributions, except Upstream Payments and Permitted DistributionsPayments; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any Upstream Payment, except for restrictions under the Loan Documents, under Applicable Law or in effect on the Closing Restatement Date as shown on Schedule 9.1.15.
Appears in 1 contract
Distributions; Upstream Payments. Declare or make any Distributions, except Upstream Payments and Permitted Distributionsother Distributions so long as the Payment Conditions are satisfied with respect to each such other Distribution; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any Upstream Payment, except for restrictions under the Loan Documents, under Applicable Law or in effect on the Closing Date as shown on Schedule 9.1.15.
Appears in 1 contract
Distributions; Upstream Payments. Declare or make any Distributions, except Upstream Payments and Permitted Distributions; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any Upstream Payment, except for restrictions under the Loan Documents, under Applicable Law or in effect on the Closing Date as shown on Schedule 9.1.159.1.15 of the Disclosure Certificate.
Appears in 1 contract
Samples: Loan, Security and Guarantee Agreement (Applied Optoelectronics, Inc.)
Distributions; Upstream Payments. Declare or make any Distributions, except Upstream Payments and Permitted DistributionsPayments; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any Upstream Payment, except for restrictions under the Loan Documents, under Applicable Law or in effect on the Closing Date as shown on Schedule 9.1.159.
Appears in 1 contract
Distributions; Upstream Payments. Declare or make any Distributions, except Upstream Payments and Permitted DistributionsPayments; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any Upstream Payment, except for restrictions under the Loan Documents, under the Term Loan Documents, under Applicable Law or in effect on the Closing Date as shown on Schedule 9.1.158.1.15.
Appears in 1 contract
Distributions; Upstream Payments. Declare or make any Distributions, except Upstream Payments and Permitted Distributionsor JAKKS Amounts; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any Upstream Payment, except for restrictions under the Loan Documents, under Applicable Law or in effect on the Closing Date as shown on Schedule 9.1.15.
Appears in 1 contract
Distributions; Upstream Payments. Declare or make any Distributions, except Upstream Payments and Permitted Distributions; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any Upstream Payment, except for restrictions under the Loan Documents, under Applicable Law Law, under any documents entered into pursuant to any Permitted ABS Transaction or in effect on the Closing Date as shown on Schedule 9.1.1510.2.4.
Appears in 1 contract
Distributions; Upstream Payments. Declare or make any Distributions, except Upstream Payments and Payments, Distributions that are Permitted DistributionsTransactions, or other payments specifically permitted pursuant to exceptions set forth in Section 10.2.7(b) below; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any Upstream Payment, except for restrictions under the Loan Documents, under Applicable Law or in effect on the Closing Date as shown on Schedule 9.1.15.
Appears in 1 contract
Distributions; Upstream Payments. Declare or make any Distributions, except Upstream Payments and Permitted Distributions; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any Upstream Payment, except for restrictions under the Loan Documents, under Applicable Law or in effect on the Closing Date as shown on Schedule 9.1.159.1.
Appears in 1 contract
