Common use of Dividends; Capital Stock Clause in Contracts

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock), or set apart any sum for the aforesaid purposes, provided that any Guarantor may pay dividends to the Borrower and to any other Guarantor that is its direct parent.

Appears in 5 contracts

Samples: Revolving Credit and Guaranty Agreement (Kmart Corp), Revolving Credit and Guaranty Agreement (Kmart Corp), Revolving Credit and Guaranty Agreement (Act Manufacturing Inc)

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Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution distribution, redemption, repurchase or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock)) of the Borrower, or set apart any sum for the aforesaid purposes, provided that any Guarantor may pay dividends to the Borrower and to any other Guarantor that is its direct parent.

Appears in 5 contracts

Samples: Senior Secured Debtor in Possession Credit Agreement (Chemtura CORP), Senior Secured Debtor in Possession Credit Agreement, Senior Secured Debtor in Possession Credit Agreement (Chemtura CORP)

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution distribution, or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock)) of the Borrower, or set apart any sum for the aforesaid purposes, provided that any Guarantor may pay dividends to the Borrower and to any other Guarantor that is its direct parent.

Appears in 2 contracts

Samples: Senior Secured Debtor in Possession Credit Agreement (Dana Corp), Senior Secured Debtor in Possession Credit Agreement (Dana Corp)

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock), or set apart any sum for the aforesaid purposes, provided that any Guarantor may pay dividends or make distributions or other payments to its direct parent or to the Borrower and to any other Guarantor that is its direct parentBorrower.

Appears in 2 contracts

Samples: Revolving Credit and Guaranty Agreement (Multicare Companies Inc), Revolving Credit and Guaranty Agreement (Genesis Health Ventures Inc /Pa)

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock or membership interests (or any options, warrants, rights or other equity securities or agreements relating to any capital stockstock or membership interests), or set apart any sum for the aforesaid purposes, provided that any Guarantor may pay dividends to the Borrower and to any other Guarantor that is its direct parent.

Appears in 2 contracts

Samples: Revolving Credit and Guaranty Agreement, Revolving Credit and Guaranty Agreement (McLeodusa Inc)

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital capital, purchase or redemption of shares or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock), or set apart any sum for the aforesaid purposes, provided that any Guarantor may pay dividends to the Borrower and to any other Guarantor that is its direct parent.

Appears in 1 contract

Samples: Dip Credit Agreement

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution distribution, or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock), or set apart any sum for the aforesaid purposes, ; provided that any Guarantor may pay dividends to the Borrower and to any other Guarantor that is its direct parentor a Low Leverage Guarantor.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Lodgian Inc)

Dividends; Capital Stock. Declare or pay, directly or ------------------------ indirectly, any dividends or make any other distribution or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock), or set apart any sum for the aforesaid purposes, provided that -------- any Guarantor may pay dividends or make distributions or other payments to its direct parent or to the Borrower and to any other Guarantor that is its direct parentBorrower.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Mariner Post Acute Network Inc)

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital in capital, purchase, redemption or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock), or set apart any sum for any of the aforesaid foregoing purposes; provided, provided however, that any Guarantor Loan Party or Subsidiary may pay dividends to the Borrower and to any other Guarantor Loan Party that is its direct parentparent company.

Appears in 1 contract

Samples: Debtor in Possession Credit and Guaranty Agreement (Key3media Group Inc)

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock), or set apart any sum for the aforesaid purposes, ; provided that any Guarantor of a Borrower's Subsidiaries may pay dividends to the Borrower and to any other Guarantor that is its direct parentsuch Borrower.

Appears in 1 contract

Samples: Debtor in Possession Credit Agreement (Nutramax Products Inc /De/)

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock or membership interests (or any options, warrants, rights or other equity securities or agreements relating to any capital stockstock or membership interests), or set apart any sum for the aforesaid purposes, provided that any Guarantor may pay dividends to the any other Borrower and to any other Guarantor that is its direct parent.

Appears in 1 contract

Samples: Secured Super Priority Debtor in Possession Revolving Credit and Guaranty Agreement (Kaiser Aluminum & Chemical Corp)

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Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution distribution, or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock), or set apart any sum for the aforesaid purposes, ; provided that any Guarantor may pay dividends to another Guarantor or to the Borrower and to any other Guarantor that is its direct parentBorrower.

Appears in 1 contract

Samples: Senior Secured Debtor in Possession Credit Agreement (Worldcom Inc)

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock), or set apart any sum for the aforesaid purposes, provided that any Guarantor Borrower may pay dividends to the Borrower and to any other Guarantor that is its direct parentSystemax.

Appears in 1 contract

Samples: Revolving Credit Agreement (Systemax Inc)

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock), or set apart any sum for the aforesaid purposes, provided that any Guarantor may pay dividends to the Borrower and or to any other another Guarantor that is its direct parentparent corporation.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Alliance Entertainment Corp)

Dividends; Capital Stock. Declare or pay, directly or ------------------------ indirectly, any dividends or make any other distribution or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock), or set apart any sum for the aforesaid purposes, provided that -------- any Guarantor may pay dividends to the Borrower and to any other Guarantor that is its direct parent.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Galey & Lord Inc)

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock), or set apart any sum for the aforesaid purposes, provided that any Guarantor may pay dividends to the Borrower and to any other Guarantor that is its direct parent.

Appears in 1 contract

Samples: Revolving Credit Agreement (Payless Cashways Inc)

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or or, except as provided on Schedule 6.08, any options, warrants, rights or other equity securities or agreements relating to any capital stock), or set apart any sum for the aforesaid purposes, provided that any Guarantor may pay dividends to the Borrower and to any other Guarantor that is its direct parent.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Guilford Mills Inc)

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or otherwise make any other distribution or payment, whether in cash, property, securities or a combination thereof, with respect to (whether by reduction of capital or otherwise) any shares of capital stock (or any options, warrants, rights or other equity securities or agreements relating to any capital stock), Restricted Payment or set apart any sum for the aforesaid purposes, provided that any Guarantor may pay except (a) dividends or other distributions or transfers to the Borrower and or another Guarantor; (b) dividends by any Guarantor to any other Guarantor that is holder of its direct parent.equity on a pro rata basis;

Appears in 1 contract

Samples: First Lien Revolving Credit and Guaranty Agreement (Delta Air Lines Inc /De/)

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