Dividend Payment. Except as disclosed in the General Disclosure Package and the Prospectus, no Subsidiary is currently prohibited, directly or indirectly, from paying any dividends to the Company, from making any other distribution on such Subsidiary’s share capital or equity interest, from repaying to the Company any loans or advances to such Subsidiary from the Company.
Dividend Payment. Subject to the following conditions, the Borrower may pay dividends in any Financial Year.
Dividend Payment. For purposes of this Agreement, “Dividend Payment” is defined as the sum of (i) (a) the number of shares of Company common stock underlying all Equity Awards then held by Employee (whether or not such Equity Awards are vested at the time, provided, however, that for this purpose the term “Equity Awards” shall not include any award of restricted stock (unless such award prohibits the payment of dividends on such restricted stock) and shall also not include any stock option with an exercise price greater than the then current fair market value of Company common stock, and provided further, that the Company agrees that the terms of any Equity Award will not prohibit the payments contemplated by Section 4(e)) times (b) the per share dividend amount paid to shareholders of the Company.
Dividend Payment. In lieu of Section 9.2(a)(iii) of the Equity Definitions, Dealer will pay to Counterparty the Dividend Amount on the second Currency Business Day immediately following the Dividend Payment Date. Dividend Amount: (a) 100% of the per Share amount of any cash dividend declared by Counterparty to holders of record of a Share on any record date occurring during the period from, and including, the Effective Date to, but excluding, the Settlement Date (net of any applicable deductions by reason of taxes), multiplied by (b) the Number of Shares on such record date (after giving effect to any reduction on such record date, if such record date is a Settlement Date). Dividend Payment Date: Each date on which the relevant Dividend Amount is paid by Counterparty to shareholders of record.
Dividend Payment. Seller shall pay to Buyer (or an affiliate of Buyer designated by Buyer) on the Business Day following the payment of any Extraordinary Cash Dividend (each, a "Dividend Payment Date") with respect to the Common Stock an amount in cash equal to the product (the "Dividend Payment Amount" with respect to such Dividend Payment Date) of (i) the per share amount of such dividend and (ii) the Base Amount on the ex- dividend date for such dividend.
Dividend Payment. 22.22.1 Except as permitted under Clause 22.22.2 below, Borrower B shall not:
(a) declare, make or pay any dividend, charge, fee or other distribution (or interest on any unpaid dividend, charge, fee or other distribution) (whether in cash or kind) on or in respect of its share capital (or any class of its share capital);
(b) repay or distribute any dividend or share premium reserve;
(c) pay or allow the payment by any other member of the Group of any management, advisory or other fee to or to the order of any of the shareholders of Borrower B;
(d) redeem, repurchase, defease, retire or repay any of its share capital or resolve to do so; or
(e) make any payment or repayment or allow any other member of the Group to make a payment or repayment under any Financial Indebtedness owed to a shareholder of Borrower B or a member of the Group which is not a Borrower or a Guarantor; each of the above being referred to herein as a "Distribution".
22.22.2 Clause 22.22.1 above does not apply to any direct or indirect Distributions by Borrower B after the expiry of each half of each of its financial years, of up to 75% of its Net Income (as defined below) for that half year period; provided that:
(a) any such Distributions are declared and made when no Default is continuing or would occur immediately after the declaration or making of such payments; and
(b) after giving effect to any such payments, Borrower B is not in breach of any of the provisions of Clause 21 (Financial Covenants). For this purpose, "Net Income" shall mean the net income determined based on Borrower B's financial statements as at 30 June or its annual audited financial statements, as the case may be. Any amount available for distribution based on Net Income for a financial year and that is not distributed shall not be carried forward.
22.22.3 This Clause 22.22 shall cease to apply at any time:
(a) at which the Group LTV is equal to or less than fifty per cent. (50%) and would continue to be equal to or less than fifty per cent. (50%) following the Distribution; or
(b) the Borrower is listed on the New York Stock Exchange or Nasdaq New York.
22.22.4 For this purpose "Group LTV" means the ratio of (y) the sum of the Group's Financial Indebtedness less cash and Cash Equivalents to (z) the aggregate Market Value of the Fleet Vessels determined in the same manner as Market Value in respect of the Vessels as evidenced by the valuations to be provided by Borrower B to the Agent pursuant to Clause 20.2.1.
Dividend Payment. Except as disclosed in the Registration Statement, the General Disclosure Package and the Prospectus, no Subsidiary or Operating Entity is currently prohibited, directly or indirectly, from paying any dividends to the Company, from making any other distribution on such Subsidiary or Operating Entity’s share capital or equity interest, or from repaying to the Company any loans or advances to such Subsidiary or Operating Entity from the Company.
Dividend Payment. Axcelis Technologies presently expects to pay the $300 million dividend payable to Eaton, which dividend payment Eaton intends to use directly to satisfy obligations to its lenders.
Dividend Payment. If each year the Company and/or Haimeng has certain after-tax net profits available for declaration and distribution to its respective shareholder(s), as the case may be, the relevant board of such entity shall determine in its sole discretion whether the after-tax net profits will be declared as dividend and distributed to the relevant shareholder(s). If the relevant board decides that the after-tax net profits will not be declared as dividend and distributed but be retained by such entity for further business development, any shareholder of such entity may demand that its or his entire or partial portion of the after-tax net profits that it or he is entitled to based on its or his respective percentage of direct or indirect shareholding in the Company and/or Haimeng be declared as dividend and distributed. Under such circumstances, the relevant board will accommodate the wish of such shareholder and declare and distribute to the shareholder that portion of the after-tax net profits so demanded by the shareholder, and such shareholder hereby agrees that due to such distribution the percentage of its or his direct or indirect shareholding in the Company and/or Haimeng will be diluted based on the following formula, and its and his ownership right in the Company and/or Haimeng, including but not limited to, right in future distribution, board representation and liquidation, will be diluted accordingly:
Dividend Payment. In lieu of Section 9.2(a)(iii) of the Equity Definitions, Dealer will pay to Counterparty the Dividend Amount on the third Currency Business Day immediately following the Dividend Payment Date. Dividend Amount: (a) 100% of the per Share amount of any cash dividend declared by the Issuer to holders of record of a Share on any record date occurring during the period from, and including, the Effective Date to, but excluding, the final Settlement Date, multiplied by (b) the Number of Shares on such record date (excluding, for the avoidance of doubt, any Shares delivered by Dealer to Counterparty on such record date, if such record date is a Settlement Date). Dividend Payment Date: Each date on which the relevant Dividend Amount is paid by the Issuer to shareholders of record. Share Adjustments: