Distributions; Upstream Payments. Declare or make any Distributions, except (i) Upstream Payments or (ii) Permitted Distributions; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary to make any Upstream Payment, except for restrictions (a) under the Loan Documents, (b) under Applicable Law, (c) in effect on the Closing Date as shown on Schedule 9.1.16, and (d) as set forth in documents evidencing Refinancing Debt with respect to the documents described on Schedule 9.1.16.
Appears in 2 contracts
Samples: Loan and Security Agreement (Bon Ton Stores Inc), Loan and Security Agreement (Bon Ton Stores Inc)
Distributions; Upstream Payments. Declare or make any Distributions, except (i) Upstream Payments or (ii) Permitted Distributions; or create Create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary to make any Upstream Payment, except for restrictions (a) under the Loan Documents, (b) the Term Loan Documents, under Applicable Law, (c) Law or in effect on the Closing Date as shown on Schedule 9.1.169.1.15 or (ii) declare or make any Distributions, and (d) as set forth in documents evidencing Refinancing Debt with respect to the documents described on Schedule 9.1.16.except:
Appears in 2 contracts
Samples: Loan and Security Agreement (Spansion Inc.), Loan and Security Agreement
Distributions; Upstream Payments. Declare or make any Distributions, except (i) Upstream Payments or (ii) Permitted Distributions; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary to make any Upstream Payment, except for restrictions (a) under the Loan Documents, (b) under Applicable Law, (c) in effect on the Fifth Amendment Closing Date as shown [shown]described on Schedule 9.1.16, and (d) as set forth in documents evidencing Refinancing Debt with respect to the documents described on Schedule 9.1.16.
Appears in 1 contract
Distributions; Upstream Payments. Declare or make any Distributions, except (i) Upstream Payments or (ii) Permitted Distributions; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary to make any Upstream Payment, except for restrictions (a) under the Loan Documents and the Second Lien Loan Documents, (b) under Applicable Law, (c) in effect on the Closing Date as shown on Schedule 9.1.16, 9.1.16 and (d) as set forth in documents evidencing Refinancing Debt with respect to the documents described on Schedule 9.1.16.
Appears in 1 contract
Distributions; Upstream Payments. Declare or make any Distributions, except (i) Upstream Payments or (ii) Permitted Distributions; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary to make any Upstream Payment, except for restrictions (a) under the Loan Documents and First Lien Debt Documents, (b) under Applicable Law, (c) in effect on the Closing Date as shown on Schedule 9.1.16, 9.1.16 and (d) as set forth in documents evidencing Refinancing Debt with respect to the documents described on Schedule 9.1.16.
Appears in 1 contract
Samples: Second Lien Loan and Security Agreement (Bon Ton Stores Inc)
Distributions; Upstream Payments. Declare or make any Distributions, except (i) Upstream Payments or (ii) Permitted Distributions; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary to make any Upstream Payment, except for restrictions (a) under the Loan Documents, (b) under Applicable Law, (c) in effect on the Closing Date as shown on Schedule 9.1.16, 9.1.16 and (d) as set forth in documents evidencing Refinancing Debt with respect to the documents described on Schedule 9.1.16.
Appears in 1 contract