Common use of Dividend Restrictions Clause in Contracts

Dividend Restrictions. No subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 167 contracts

Samples: Securities Purchase Agreement (Rezolute, Inc.), Securities Purchase Agreement (Rezolute, Inc.), Underwriting Agreement (Vaxart, Inc.)

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Dividend Restrictions. No Except as disclosed in the Prospectus, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 141 contracts

Samples: Open Market Sale Agreement (Palladyne AI Corp.), Sales Agreement (Orchestra BioMed Holdings, Inc.), Open Market Sale Agreement (Alvotech)

Dividend Restrictions. No Other than as prohibited or restricted by law, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 15 contracts

Samples: Sales Agreement (Erytech Pharma S.A.), Underwriting Agreement (Affimed N.V.), Placement Agency Agreement (Erytech Pharma S.A.)

Dividend Restrictions. No subsidiary None of the subsidiaries of the Company is currently prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 14 contracts

Samples: Sales Agreement (Dynavax Technologies Corp), Underwriting Agreement (Dynavax Technologies Corp), Sales Agreement (Dynavax Technologies Corp)

Dividend Restrictions. No Except as otherwise disclosed in the Prospectus, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary, except as may be prohibited or restricted by law.

Appears in 11 contracts

Samples: Underwriting Agreement (American Realty Capital Properties, Inc.), Underwriting Agreement (American Realty Capital Properties, Inc.), Equity Distribution Agreement (American Realty Capital Properties, Inc.)

Dividend Restrictions. No subsidiary None of the Company Company’s subsidiaries is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s its equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiaryCompany.

Appears in 8 contracts

Samples: Sales Agreement (Axovant Gene Therapies Ltd.), Sales Agreement (Axovant Gene Therapies Ltd.), Underwriting Agreement (Axovant Gene Therapies Ltd.)

Dividend Restrictions. No Except as disclosed in the Registration Statement or the Prospectus, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 7 contracts

Samples: Open Market Sale Agreement (Carrols Restaurant Group, Inc.), Open Market Sale Agreement (Akebia Therapeutics, Inc.), Equity Distribution Agreement (Volitionrx LTD)

Dividend Restrictions. No Except as disclosed in the Time of Sale Prospectus, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 7 contracts

Samples: Underwriting Agreement (Chuy's Holdings, Inc.), Underwriting Agreement (Bravo Brio Restaurant Group, Inc.), Underwriting Agreement (Bravo Brio Restaurant Group, Inc.)

Dividend Restrictions. No subsidiary of the Company Subsidiary is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiarySubsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company Subsidiary any amounts that may from time to time become due under any loans or advances to such subsidiary Subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiarySubsidiary.

Appears in 6 contracts

Samples: Atm Agency Agreement (India Globalization Capital, Inc.), Atm Agency Agreement (India Globalization Capital, Inc.), Atm Agency Agreement (India Globalization Capital, Inc.)

Dividend Restrictions. No subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiaryCompany.

Appears in 6 contracts

Samples: Underwriting Agreement (Curis Inc), Open Market Sale Agreement (Minerva Neurosciences, Inc.), Open Market Sale Agreement (Minerva Neurosciences, Inc.)

Dividend Restrictions. No Except as described in the Registration Statement and the Prospectus, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 6 contracts

Samples: Sales Agreement (Ocean Power Technologies, Inc.), Sales Agreement (ShiftPixy, Inc.), Sales Agreement (Alpine 4 Holdings, Inc.)

Dividend Restrictions. No Except as set forth in the Registration Statement, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 4 contracts

Samples: Underwriting Agreement (Evofem Biosciences, Inc.), Underwriting Agreement (Evofem Biosciences, Inc.), Underwriting Agreement (Evofem Biosciences, Inc.)

Dividend Restrictions. No subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary, except in each case, for such restrictions or prohibitions imposed under applicable laws.

Appears in 4 contracts

Samples: Underwriting Agreement (Morphic Holding, Inc.), Sales Agreement (Morphic Holding, Inc.), Underwriting Agreement (Morphic Holding, Inc.)

Dividend Restrictions. No Subject to applicable laws, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 3 contracts

Samples: Underwriting Agreement (Connect Biopharma Holdings LTD), Underwriting Agreement (I-Mab), Underwriting Agreement (I-Mab)

Dividend Restrictions. No Except as set forth on Schedule III, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 3 contracts

Samples: Sales Agency Agreement (Chicago Bridge & Iron Co N V), Sales Agency Agreement (Evergreen Energy Inc), Sales Agency Agreement (Chicago Bridge & Iron Co N V)

Dividend Restrictions. No Other than with respect to compliance with legal requirements applicable to the payment of dividends as promulgated under the respective laws of the jurisdiction of organization of each subsidiary, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 3 contracts

Samples: Underwriting Agreement (Presbia PLC), Underwriting Agreement (Presbia PLC), Underwriting Agreement (Presbia PLC)

Dividend Restrictions. No subsidiary of the Company is The Company’s subsidiaries are not prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 3 contracts

Samples: Underwriting Agreement (Immunovant, Inc.), Underwriting Agreement (Immunovant, Inc.), Underwriting Agreement (Dermavant Sciences LTD)

Dividend Restrictions. No subsidiary Except as disclosed in the Prospectus, no Subsidiary of the Company is prohibited or restricted, directly or indirectly, under any agreement or other instrument to which it is a party, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 3 contracts

Samples: Open Market Sale Agreement (VBI Vaccines Inc/Bc), Open Market Sale Agreement (VBI Vaccines Inc/Bc), Open Market Sale Agreement (VBI Vaccines Inc/Bc)

Dividend Restrictions. No subsidiary of the Company is prohibited or restrictedcurrently prohibited, directly or indirectly, from paying any dividends to the Company, Company or a Guarantor or from making any other distribution with respect to on such subsidiary’s equity securities capital stock in each case out of its net income or built up capital, or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any of such subsidiary’s property or assets to the Company or to any other subsidiaryGuarantor, except as described in the Pricing Disclosure Package and the Offering Memorandum.

Appears in 3 contracts

Samples: Purchase Agreement (Cott Corp /Cn/), Purchase Agreement (Cott Corp /Cn/), Purchase Agreement (Cott Corp /Cn/)

Dividend Restrictions. No Except as set forth in each Applicable Prospectus, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 3 contracts

Samples: Underwriting Agreement (Regional Management Corp.), Underwriting Agreement (Regional Management Corp.), Underwriting Agreement (Regional Management Corp.)

Dividend Restrictions. No Except as disclosed in the Rights Offering Materials, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 3 contracts

Samples: Dealer Manager Agreement (Ruths Hospitality Group, Inc.), Dealer Manager Agreement (Bank of Florida Corp), Dealer Manager Agreement (Bank of Florida Corp)

Dividend Restrictions. No subsidiary of the Company is prohibited or restrictedcurrently prohibited, directly or indirectly, from paying any dividends to the Company, Company or from making any other distribution with respect to on such subsidiary’s equity securities capital stock in each case out of its net income or built up capital, or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any of such subsidiary’s property or assets to the Company or to any other subsidiaryCompany, except as described in the U.S. Base Prospectus and the Canadian Prospectus.

Appears in 3 contracts

Samples: Underwriting Agreement (Cott Corp /Cn/), Underwriting Agreement (Cott Corp /Cn/), Underwriting Agreement (Cott Corp /Cn/)

Dividend Restrictions. No Except as disclosed in the Registration Statement and the Prospectus, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 3 contracts

Samples: Open Market Sales Agreement (Recursion Pharmaceuticals, Inc.), Sales Agreement (Mirati Therapeutics, Inc.), Sales Agreement (Mirati Therapeutics, Inc.)

Dividend Restrictions. No Except as otherwise disclosed in the Registration Statement and the Prospectus, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 2 contracts

Samples: Sales Agreement (Alx Oncology Holdings Inc), Open Market Sale Agreement (SkyWater Technology, Inc)

Dividend Restrictions. No subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary, except, in each case, for such restrictions or prohibitions imposed under applicable laws.

Appears in 2 contracts

Samples: Underwriting Agreement (OptiNose, Inc.), Underwriting Agreement (OptiNose, Inc.)

Dividend Restrictions. No Except as provided under credit facility agreements filed as exhibits to the Registration Statement, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 2 contracts

Samples: Underwriting Agreement (Horizon Pharma, Inc.), Underwriting Agreement (Horizon Pharma, Inc.)

Dividend Restrictions. No Except as described in the Registration Statement and the Prospectus, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 2 contracts

Samples: Dealer Manager and Solicitation Agent Agreement (Concrete Pumping Holdings, Inc.), Dealer Manager and Solicitation Agent Agreement (Waitr Holdings Inc.)

Dividend Restrictions. No Except as disclosed in the Prospectus, no subsidiary of the Company is prohibited or restrictedcurrently prohibited, directly or indirectly, from paying any dividends to the Company, or from making any other distribution with respect to on such subsidiary’s equity securities or share capital, from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any of such subsidiary’s property or assets to the Company or to any other subsidiarysubsidiary of the Company.

Appears in 2 contracts

Samples: Sales Agreement (Zymeworks Inc.), Open Market Sale Agreement (Zymeworks BC Inc.)

Dividend Restrictions. No Other than as prohibited or restricted by law, and except as disclosed in the Registration Statement and the Prospectus, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 2 contracts

Samples: Open Market Sale Agreement (Nabriva Therapeutics PLC), Open Market Sale Agreement (Nabriva Therapeutics PLC)

Dividend Restrictions. No subsidiary of the Company is prohibited or restrictedcurrently prohibited, directly or indirectly, from paying any dividends to the Company, or from making any other distribution with respect to on such subsidiary’s equity securities or capital stock, from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any of such subsidiary’s property or assets to the Company or to any other subsidiarysubsidiary of the Company, except as described in or contemplated by the Registration Statement and the Prospectus (exclusive of any supplement thereto).

Appears in 2 contracts

Samples: Open Market Sale Agreement (CRISPR Therapeutics AG), Open Market Sale Agreement (CRISPR Therapeutics AG)

Dividend Restrictions. No subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary, except, in each case, for such prohibitions or restrictions imposed under applicable laws or pursuant to an agreement filed by the Company with the Commission.

Appears in 2 contracts

Samples: Sales Agreement (Vince Holding Corp.), Open Market Sale Agreement (Vince Holding Corp.)

Dividend Restrictions. No Except as disclosed in the Prospectus, no subsidiary of the Company is prohibited or restricted, directly or indirectly, restricted from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 2 contracts

Samples: Open Market Sale Agreement (Arrowhead Pharmaceuticals, Inc.), Open Market Sale Agreement (Arrowhead Pharmaceuticals, Inc.)

Dividend Restrictions. No subsidiary Subsidiary of the Company is currently prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiarySubsidiary’s equity securities or from repaying to the Company or any other subsidiary Subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary Subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiarySubsidiary of the Company, except as disclosed in the Registration Statement, the General Disclosure Package and the Prospectus.

Appears in 2 contracts

Samples: Underwriting Agreement (NephroGenex, Inc.), Underwriting Agreement (Globus Medical Inc)

Dividend Restrictions. No Except as otherwise described in each Applicable Prospectus and except as set forth in the Senior Credit Documents, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 2 contracts

Samples: Underwriting Agreement (Inverness Medical Innovations Inc), Underwriting Agreement (Inverness Medical Innovations Inc)

Dividend Restrictions. No subsidiary of the Company is prohibited or restrictedcurrently prohibited, directly or indirectly, from paying any dividends to the Company, or from making any other distribution with respect to on such subsidiary’s equity securities or capital stock, from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any of such subsidiary’s property or assets to the Company or to any other subsidiarysubsidiary of the Company, except as described in or contemplated by the Registration Statement and the Prospectus.

Appears in 2 contracts

Samples: Open Market Sale Agreement (Decibel Therapeutics, Inc.), Open Market Sale Agreement (Translate Bio, Inc.)

Dividend Restrictions. No Except as disclosed in the Registration Statement or Prospectus, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 2 contracts

Samples: Open Market Sale Agreement (Verve Therapeutics, Inc.), Open Market Sale Agreement (Arbutus Biopharma Corp)

Dividend Restrictions. No Subject to compliance with applicable laws, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Underwriting Agreement (Quidel Corp /De/)

Dividend Restrictions. No subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.time

Appears in 1 contract

Samples: Underwriting Agreement (Avi Biopharma Inc)

Dividend Restrictions. No Except as otherwise disclosed in the Registration Statement and the Prospectus, or as required under applicable law, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Sales Agreement (C4 Therapeutics, Inc.)

Dividend Restrictions. No subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary. 1 To be included only to the extent the F-1 includes or will include such descriptions.

Appears in 1 contract

Samples: Underwriting Agreement (Iroko Pharmaceuticals Inc.)

Dividend Restrictions. No subsidiary of Except as disclosed in the Registration Statement or the Prospectus, neither the Company nor any of its subsidiaries is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from any of the Company or any subsidiary from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Sales Agreement (Rani Therapeutics Holdings, Inc.)

Dividend Restrictions. No subsidiary Subject to the existence of legally available funds, no Subsidiary of the Company is currently prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiarySubsidiary’s equity securities or from repaying to the Company or any other subsidiary Subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary Subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiarySubsidiary.

Appears in 1 contract

Samples: Equity Distribution Agreement (American Virtual Cloud Technologies, Inc.)

Dividend Restrictions. No Except as disclosed in the Applicable Prospectus, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Underwriting Agreement (Edgen Group Inc.)

Dividend Restrictions. No Except as disclosed in the Registration Statement and Prospectus, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Open Market Sale Agreement (ImmunityBio, Inc.)

Dividend Restrictions. No Except as otherwise disclosed in the Registration Statement or the Prospectus, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Open Market Sale Agreement (aTYR PHARMA INC)

Dividend Restrictions. No Except as disclosed in the Registration Statement and the Prospectus, no subsidiary of the Company is prohibited or restricted, restricted directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Equity Distribution Agreement (Strongbridge Biopharma PLC)

Dividend Restrictions. No subsidiary of the Company is prohibited or restrictedcurrently prohibited, directly or indirectly, from paying any dividends to the Company, or from making any other distribution with respect to on such subsidiary’s equity securities or capital stock, from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any of such subsidiary’s property or assets to the Company or to any other subsidiarysubsidiary of the Company, except as described in the Pricing Disclosure Package and the Offering Memorandum.

Appears in 1 contract

Samples: Purchase Agreement (Cott Corp /Cn/)

Dividend Restrictions. No Except as disclosed in the Prospectus, no subsidiary of the Company is prohibited or restricted, directly or indirectly, under applicable law or any agreement or other instrument to which it is a party, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Open Market Sale Agreement (Purple Biotech Ltd.)

Dividend Restrictions. No subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution to the Company with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiarysecurities.

Appears in 1 contract

Samples: Open Market Sale Agreement (Finch Therapeutics Group, Inc.)

Dividend Restrictions. No Except as disclosed in the Prospectus or as restricted under applicable law, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Open Market Sale Agreement (Arbe Robotics Ltd.)

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Dividend Restrictions. No Except as otherwise described in each Applicable Prospectus, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s 's equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Underwriting Agreement (Inverness Medical Innovations Inc)

Dividend Restrictions. No Except with respect to the MidCap Term Loan, as disclosed in the Registration Statement, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Underwriting Agreement (Parnell Pharmaceuticals Holdings LTD)

Dividend Restrictions. No Except as otherwise disclosed in the Prospectus, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Open Market Sale Agreement (Celcuity Inc.)

Dividend Restrictions. No Except as described in the Prospectus, no subsidiary of the Company is prohibited or restrictedcurrently prohibited, directly or indirectly, under any agreement or other instrument to which it is a party or is subject, from paying any dividends to the Company, or from making any other distribution with respect to on such subsidiary’s equity securities or capital stock, from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property of such subsidiary’s properties or assets to the Company or to any other subsidiary.subsidiary of the Company. (yy)

Appears in 1 contract

Samples: Sales Agreement (Rocket Pharmaceuticals, Inc.)

Dividend Restrictions. No Except as disclosed in the Prospectus no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Open Market Sale Agreement (Bed Bath & Beyond Inc)

Dividend Restrictions. No Except as disclosed in the SEC Documents, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Securities Purchase Agreement (Tempest Therapeutics, Inc.)

Dividend Restrictions. No Except as disclosed in the Registration Statement or Prospectus, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Open Market Sale Agreement (Inozyme Pharma, Inc.)

Dividend Restrictions. No Except as disclosed in the Prospectus, no subsidiary of the Company is prohibited or restricted, directly restricted (pursuant to contract or indirectly, its charter instruments) from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Open Market Sale Agreement (Arrowhead Pharmaceuticals, Inc.)

Dividend Restrictions. No The subsidiary of the Company is not prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such the subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such the subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiaryCompany.

Appears in 1 contract

Samples: Underwriting Agreement (Minerva Neurosciences, Inc.)

Dividend Restrictions. No Except as disclosed in the Prospectus or as required under applicable state corporation law, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Open Market Sale Agreement (Tango Therapeutics, Inc.)

Dividend Restrictions. No subsidiary of the Company is prohibited or restrictedcurrently prohibited, directly or indirectly, from paying any dividends to the Company, or from making any other distribution with respect to on such subsidiary’s equity securities or capital stock, from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any of such subsidiary’s property or assets to the Company or to any other subsidiarysubsidiary of the Company, except as described in or contemplated by the Registration Statement and the Prospectus (exclusive of any amendment or supplement thereto).

Appears in 1 contract

Samples: Open Market Sale Agreement (Sensei Biotherapeutics, Inc.)

Dividend Restrictions. No Except Minera Exar S.A., no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s 's equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Open Market Sale Agreement (Lithium Americas Corp.)

Dividend Restrictions. No subsidiary of the Company is prohibited or restrictedprohibited, directly or indirectly, from paying any dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or on any of its subsidiaries’ capital stock, from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary any of its subsidiaries from the Company or from transferring any of its subsidiaries’ property or assets to the Company Company, except as described in or to contemplated by the Prospectus (exclusive of any other subsidiarysupplement thereto).

Appears in 1 contract

Samples: Open Market Sale Agreement (Epizyme, Inc.)

Dividend Restrictions. No Except as otherwise described in each Applicable Prospectus, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Underwriting Agreement (Inverness Medical Innovations Inc)

Dividend Restrictions. No The Company’s subsidiary of the Company is not prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s its equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiaryCompany.

Appears in 1 contract

Samples: Underwriting Agreement (Axovant Sciences Ltd.)

Dividend Restrictions. No The subsidiary of the Company is not prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiaryCompany.

Appears in 1 contract

Samples: Underwriting Agreement (Cerus Corp)

Dividend Restrictions. No subsidiary of the Company is prohibited or restrictedcurrently prohibited, directly or indirectly, from paying any dividends to the Company, or from making any other distribution with respect to on such subsidiary’s equity securities or share capital, from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any of such subsidiary’s property or assets to the Company or to any other subsidiarysubsidiary of the Company.

Appears in 1 contract

Samples: Open Market Sale Agreement (Zymeworks Inc.)

Dividend Restrictions. No subsidiary of the Company is prohibited or restricted, except by applicable law, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Underwriting Agreement (Kulicke & Soffa Industries Inc)

Dividend Restrictions. No subsidiary Subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiarySubsidiary’s equity securities or from repaying to the Company or any other subsidiary Subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiarySubsidiary which could not reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Hardinge Inc)

Dividend Restrictions. No subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying any cash dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiarysubsidiary except as described in the Registration Statement, the Time of Sale Prospectus and the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Stalwart Tankers Inc.)

Dividend Restrictions. No Except as otherwise described in the Offering Memorandum and except as set forth in the Senior Credit Documents, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Purchase Agreement (Inverness Medical Innovations Inc)

Dividend Restrictions. No Except as disclosed in the General Disclosure Package and the Final Prospectus, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any material property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Underwriting Agreement (ObsEva SA)

Dividend Restrictions. No Except as disclosed in the Recent SEC Disclosure, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Securities Purchase Agreement (Kura Oncology, Inc.)

Dividend Restrictions. No Except as disclosed in the Prospectus, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiarysubsidiary except, in each case, for such restrictions or prohibitions imposed under applicable law.

Appears in 1 contract

Samples: Open Market Sale Agreement (Cyclerion Therapeutics, Inc.)

Dividend Restrictions. No subsidiary None of the subsidiaries of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Underwriting Agreement (Dynavax Technologies Corp)

Dividend Restrictions. No Except as otherwise disclosed in each Applicable Prospectus, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Underwriting Agreement (BCD Semiconductor Manufacturing LTD)

Dividend Restrictions. No subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.. ​

Appears in 1 contract

Samples: Equity Distribution Agreement (Altimmune, Inc.)

Dividend Restrictions. No subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Underwriting Agreement (Avanir Pharmaceuticals, Inc.)

Dividend Restrictions. No Except as disclosed in the U.S. Prospectuses, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Open Market Sale Agreement (Neptune Wellness Solutions Inc.)

Dividend Restrictions. No subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s 's equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Underwriting Agreement (Lithium Americas Corp.)

Dividend Restrictions. No subsidiary Subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s Subsidiary's equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Underwriting Agreement (Portage Biotech Inc.)

Dividend Restrictions. No Except as provided in the Registration Statement and the Prospectus, no subsidiary of the Company is prohibited or restricted, directly or indirectly, from paying dividends to the Company, or from making any other distribution with respect to such subsidiary’s equity securities or from repaying to the Company or any other subsidiary of the Company any amounts that may from time to time become due under any loans or advances to such subsidiary from the Company or from transferring any property or assets to the Company or to any other subsidiary.

Appears in 1 contract

Samples: Dealer Manager Agreement (MedQuist Holdings Inc.)

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