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 (by way of repurchase or otherwise), 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 Subsidiary of the Borrower may pay dividends to the Borrower.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Bradlees Inc)

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Dividends; Capital Stock. Declare or pay, directly or ------------------------ indirectly, any dividends or make any other distribution or payment (by way of repurchase or otherwise), 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 provided that any Subsidiary of the Borrower may pay -------- dividends to the Borrower.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (New Horizons of Yonkers Inc)

Dividends; Capital Stock. Declare or pay, directly or ------------------------ indirectly, any dividends or make any other distribution or payment (by way of repurchase or otherwise)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 , provided that any Subsidiary of the Borrower Guarantor may pay dividends to the BorrowerBorrower or to any other Guarantor.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Brunos Inc)

Dividends; Capital Stock. Declare or pay, directly or indirectly, any dividends or make any other distribution or payment (by way of repurchase or otherwise)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 , provided that any Subsidiary of the Borrower Guarantor may pay dividends to the BorrowerBorrower and to any other Subsidiary Guarantor that is its direct parent.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Danielson Holding Corp)

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

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Paragon Trade Brands Inc)

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