Common use of Dividend Restrictions Clause in Contracts

Dividend Restrictions. Except as disclosed in the Registration Statement or Prospectus, and 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 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 12 contracts

Samples: At the Market Issuance Sales Agreement (Sonida Senior Living, Inc.), At the Market Issuance Sales Agreement (Airgain Inc), At the Market Issuance Sales Agreement (Microvision, Inc.)

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Dividend Restrictions. Except as disclosed in the Registration Statement Statement, General Disclosure Package, or Prospectus, and 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 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 9 contracts

Samples: Equity Distribution Agreement (Golden Matrix Group, Inc.), Equity Distribution Agreement (Serve Robotics Inc. /DE/), Equity Distribution Agreement (Cohen & Co Inc.)

Dividend Restrictions. Except as disclosed described in the Registration Statement or and the Prospectus, and 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 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 9 contracts

Samples: Securities Purchase Agreement (U.S. Gold Corp.), Securities Purchase Agreement (U.S. Gold Corp.), Securities Purchase Agreement (U.S. Gold Corp.)

Dividend Restrictions. Except as disclosed otherwise described in the Registration Statement or ProspectusOffering Memorandum and except as set forth in the Senior Credit Documents, and subject to the existence of legally available fundsexcept for any prohibitions or restrictions under applicable law, 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.

Appears in 4 contracts

Samples: Purchase Agreement (Alere Inc.), Purchase Agreement (Alere Inc.), Purchase Agreement (Alere Inc.)

Dividend Restrictions. Except (i) as disclosed in the Registration Statement General Disclosure Package and Final Prospectuses or Prospectus, and subject to the existence of legally available funds(ii) as may be restricted by applicable law, 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 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 (Dragonwave Inc), Underwriting Agreement (Hydrogenics Corp), Underwriting Agreement (Dragonwave Inc)

Dividend Restrictions. Except as disclosed described in the Time of Sale Prospectus or provided under credit facility agreements filed as exhibits to documents incorporated by reference in the Registration Statement or Prospectus, and subject to the existence of legally available fundsStatement, 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.

Appears in 2 contracts

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

Dividend Restrictions. Except as disclosed in the Registration Statement Statement, General Disclosure Package or Prospectus, and 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 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: Equity Distribution Agreement (Aehr Test Systems), Equity Distribution Agreement (Aehr Test Systems)

Dividend Restrictions. Except (i) as disclosed in each Applicable Prospectus under the Registration Statement caption “Dividend Policy” or Prospectus, and subject to the existence of legally available funds(ii) as may be restricted by applicable law, 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 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 (IMRIS Inc.), Underwriting Agreement (IMRIS Inc.)

Dividend Restrictions. Except as disclosed described in the Registration Statement or Prospectus, and subject to the existence of legally available fundsProspectus Supplement, 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 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 (Auris Medical Holding AG)

Dividend Restrictions. Except (i) as disclosed in the Registration Statement General Disclosure Package and Final Prospectus or Prospectus, and subject to the existence of legally available funds(ii) as may be restricted by applicable law, 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 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 (Hydrogenics Corp)

Dividend Restrictions. Except as disclosed in the Registration Statement or Prospectus, Rights Offering Materials and subject pursuant to federal and state banking laws and regulations applicable to the existence of legally available fundsCompany and its subsidiaries, 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 Subsidiary’s subsidiary'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: Dealer Manager Agreement (Peapack Gladstone Financial Corp)

Dividend Restrictions. Except as disclosed in the Registration Statement Prospectus and other than as may be restricted or Prospectuscontemplated by the subsidiary’s financing agreements, and subject to including the existence of legally available fundsCredit Agreements, 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.

Appears in 1 contract

Samples: Open Market Sale Agreement (Revlon Inc /De/)

Dividend Restrictions. Except as disclosed in the Registration Statement or Prospectus, and subject to except as otherwise prohibited or restricted as a result of the existence of legally available fundsChapter 11 Proceedings, 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.

Appears in 1 contract

Samples: Open Market Sale Agreement (Hertz Corp)

Dividend Restrictions. Except as disclosed in the Registration Statement or and Prospectus, and 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 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 (Atomera Inc)

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Dividend Restrictions. Except as disclosed in the Registration Statement Prospectus or Prospectus, and except with respect to subsidiaries subject to the existence of legally available fundscustomary project finance dividend restrictions and foreign subsidiaries, 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 any other subsidiary or from transferring any property or assets to the Company or to any other Subsidiarysubsidiary.

Appears in 1 contract

Samples: Open Market Sale Agreement (Fuelcell Energy Inc)

Dividend Restrictions. Except (i) as disclosed in the Registration Statement Statement, the General Disclosure Package and the Prospectuses or Prospectus, and subject to the existence of legally available funds(ii) as may be restricted by applicable law, 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 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 (Aeterna Zentaris Inc.)

Dividend Restrictions. Except as disclosed in the Registration Statement or Statement, Time of Sale Information and Prospectus, and 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 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 (Aehr Test Systems)

Dividend Restrictions. Except as disclosed in the Registration Statement or Prospectus, Prospectus and 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 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 (Tyme Technologies, Inc.)

Dividend Restrictions. Except as disclosed in the Registration Statement or and the Prospectus, and 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 Subsidiary.

Appears in 1 contract

Samples: At the Market Offering Agreement (Greenwich LifeSciences, Inc.)

Dividend Restrictions. Except as disclosed in the Registration Statement or General Disclosure Package and the Prospectus, and 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 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 (Tilray Brands, Inc.)

Dividend Restrictions. Except as disclosed in the Registration Statement or Prospectus, and 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 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: At the Market Issuance Sales Agreement (Microvision, Inc.)

Dividend Restrictions. Except as disclosed in the Registration Statement or Prospectus, and except with respect to subsidiaries subject to the existence of legally available fundscustomary project finance dividend restrictions and foreign subsidiaries, 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.

Appears in 1 contract

Samples: Open Market Sale Agreement (Fuelcell Energy Inc)

Dividend Restrictions. Except as disclosed described in the Registration Statement or Statement, the Pricing Disclosure Package and the Prospectus, and 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 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 (Enveric Biosciences, Inc.)

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