Common use of Dividends and Certain Other Restricted Payments Clause in Contracts

Dividends and Certain Other Restricted Payments. The Borrower will not (a) declare or pay any dividends or make any distribution on any class of its capital stock (other than dividends payable solely in its capital stock) or (b) directly or indirectly purchase, redeem or otherwise acquire or retire any of its capital stock (except out of the proceeds of, or in exchange for, a substantially concurrent issue and sale of capital stock) or (c) make any other distributions with respect to its capital stock (collectively, "Restricted Payments").

Dividends and Certain Other Restricted Payments. The Borrower will shall not (a) declare or pay any dividends on or make any distribution on other distributions in respect of any class or series of its capital stock (other than dividends payable solely in its capital stock) or (b) directly or indirectly purchase, redeem or otherwise acquire or retire any of its capital stock (except out of the proceeds of, or in exchange for, a substantially concurrent issue and sale of capital stock) or (c) make any other distributions with respect to its capital stock (collectively, ; "Restricted Payments"), if at the time of, or after giving effect to, any such Restricted Payment any Default or Event of Default exists.

Dividends and Certain Other Restricted Payments. The Borrower will not (a) declare or pay any dividends or make any distribution on any class of its capital stock or equity interest (other than dividends payable solely in its capital stock) or (b) directly or indirectly purchase, redeem or otherwise acquire or retire any of its capital stock (except out of the proceeds of, or in exchange for, a substantially concurrent issue and sale of capital stock) or (c) make any other distributions with respect to its capital stock (collectively, "Restricted Payments").

Dividends and Certain Other Restricted Payments. The Borrower will not (a) declare or pay any dividends on or make any distribution on other distributions in respect of any class or series of its capital stock (other than dividends payable solely in its capital stock) or (b) directly or indirectly purchase, redeem or otherwise acquire or retire any of its capital stock; provided, however, that the foregoing shall neither apply to nor operate to prevent the Borrower's expenditure of up to $63,000 in the aggregate to redeem fractional shares of its common stock (except out resulting from a previous reverse stock split of the proceeds of, or in exchange for, a substantially concurrent issue and sale of capital stock) or Borrower (c) make any other distributions with respect to its capital stock (collectively, the "Restricted PaymentsPermitted Redemptions").

Dividends and Certain Other Restricted Payments. The Borrower will not shall not, (a) declare or pay any dividends on or make any distribution on any class of its capital stock other distributions (other than dividends and distributions payable solely in its capital stock) in respect of any class or series of its capital stock or other equity interests or (b) directly or indirectly purchase, redeem redeem, or otherwise acquire or retire any of its capital stock (except out of the proceeds ofor other equity interests or any warrants, options, or in exchange forsimilar instruments to acquire the same, a substantially concurrent issue and sale if an Event of capital stock) Default exists prior to or (c) make any other distributions with respect would exist after giving effect to its capital stock (collectively, "Restricted Payments")such action.

Dividends and Certain Other Restricted Payments. The Borrower will shall not (a) declare or pay any dividends on or make any distribution on other distributions in respect of any class or series of its capital stock (other than dividends payable solely in its capital stock) or (b) directly or indirectly purchase, redeem redeem, or otherwise acquire or retire any of its capital stock (stock, except out of as permitted by the proceeds of, or in exchange for, a substantially concurrent issue and sale of capital stock) or (c) make any other distributions with respect to its capital stock (collectively, "Restricted Payments")Operating Guidelines.