Dividends and Similar Transactions. Except as otherwise permitted under 0, Borrower shall not declare or pay any dividends or make any other payments on its capital stock; redeem, repurchase or retire any of its capital stock or make any other distribution to its stockholders other than a distribution of stock.
Dividends and Similar Transactions. Except as otherwise permitted under Section 6.1 hereof, Borrower shall not declare or pay any dividends or make any other payments on its capital stock; issue, redeem, repurchase or retire any of its capital stock; grant or issue any warrant, right or option pertaining thereto or other security convertible into any of the foregoing except for such grants and issuances of Capital Stock or other securities convertible into Capital Stock in compliance with the terms of the Warrant or Warrant Agreement; or make any distribution to its stockholders.
Dividends and Similar Transactions. Without the consent of the holders of two-thirds of the Preferred Shares then outstanding, the Company will not declare or pay any dividends or make any other payments on its capital stock, redeem, repurchase or retire any of its capital stock, issue any equity security ranking, as to payment upon liquidation, senior to or on a parity with the Preferred Shares or having any right to vote (other than as required by law) (a "Senior Security"), grant or issue any warrant, right or option pertaining to, or other security convertible into, any Senior Security, or make any distribution to its shareholders, except (a) the payment of dividends or other distributions on shares of Common Stock solely in the form of additional shares of Common Stock, (b) the issuance of Conversion Shares upon the conversion of Preferred Shares, (c) the redemption of Preferred Shares in accordance with the terms of the Preferred Shares, (d) the issuance of shares of Common Stock pursuant to a stock option plan approved by the affirmative vote of the holders of a majority of the outstanding Preferred Shares, (e) the payment or regular quarterly dividends on shares of Series A Preferred Stock in accordance with the terms of the Charter as in effect on the date of this Agreement, (f) the redemption of the Series B Preferred Stock and the related warrants in accordance with the Series B Redemption Agreements, (g) the acquisition of any assets or businesses for consideration consisting in whole or in part of capital stock of the Company, on terms approved by the Board of Directors of the Company, and (h) a public offering of capital stock of the Company pursuant to demand rights as provided in the Registration Rights Agreement or with the approval of the Board of Directors of the Company.
Dividends and Similar Transactions. 63 6.21 Change of Locations; Collateral..........................63
Dividends and Similar Transactions. Without the prior written consent of a Majority of Lenders, except as otherwise expressly permitted by this Agreement, the Borrower shall not declare or pay any dividends or make any other payments on its capital stock, issue, redeem, repurchase or retire any of its capital stock, grant or issue any warrant, right or option pertaining thereto or other security convertible into any of the foregoing, or make any distribution to its stockholders, other than dividends payable solely in the common stock of Borrower.
Dividends and Similar Transactions. Except as otherwise permitted under Section 6.1, Borrower shall not declare or pay any dividends or make any other payments on its capital stock; issue, redeem, repurchase or retire any of its capital stock; grant or issue any warrant, right or option pertaining thereto (except for stock options granted by Borrower to management employees not to exceed, in the aggregate, ten percent (10%) of the outstanding Capital Stock of Borrower on a fully-diluted basis at a price not less than the greater of fair market value at the time of issuance or as of the date hereof) or other security convertible into any of the foregoing except for such grants and issuances of Capital Stock or other securities convertible into Capital Stock in compliance with the terms of Warrant Agreement and Warrant; or make any distribution to its stockholders.
