Dividends, Distributions and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI hereof, no dividend or distribution including, without limitation, any distribution paid upon dissolution of the Trust or of any Series with respect to, nor any repurchase of, the Shares of any Series or Class of such Series shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except, in the case of a right or claim against the assets held with respect to any other Series, to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Dividends, Distributions and Repurchases. Make, declare, pay or set aside for payment any dividend on or in respect of, or declare or make any distribution on any shares of its stock (other than any dividends from its wholly-owned Subsidiaries to it or another of its wholly-owned Subsidiaries) or directly or indirectly adjust, split, combine, redeem, reclassify, purchase of otherwise acquire, any shares of its stock (other than repurchases of common shares in the ordinary course of business to satisfy obligations under dividend reinvestment or employee benefit plans);
Dividends, Distributions and Repurchases. No dividend or distribution (including, without limitation, any distribution paid upon termination of the Trust or of a class or series of Shares) with respect to the Shares shall be effected by the Trust other than from the assets of such Trust. The Trust may borrow against its assets for the purpose of funding said repurchase of Shares.
Dividends, Distributions and Repurchases. So long as any Series A Preference Shares shall remain outstanding, neither the Corporation nor any Subsidiary thereof shall redeem, purchase or otherwise acquire directly or indirectly any Junior Securities as long as any dividends due on the Series A Preference Shares remain unpaid or the Corporation is not in compliance, in all material respects, with its payment and other obligations under these Series A Preference Terms. So long as any Series A Preference Shares shall remain outstanding, neither the Corporation nor any Subsidiary thereof shall directly or indirectly pay or declare any dividend or make any distribution upon (other than a dividend or distribution described in Section 3 or dividends due and paid in the ordinary course on preferred stock of the Corporation at such times when the Corporation is in compliance with its payment and other obligations under these Series A Preference Terms), nor shall any distribution be made in respect of, any Junior Securities as long as any dividends due on the Series A Preference Shares remain unpaid.
Dividends, Distributions and Repurchases. (1) Make, declare, pay or set aside for payment any dividend on or in respect of, or declare or make any distribution on any shares of its stock (other than (A) dividends from its wholly owned Subsidiaries to it or another of its wholly owned Subsidiaries and (B) regular quarterly dividends on its common stock at a rate equal to the rate paid by it during the fiscal quarter immediately preceding the date hereof and, subject to Section 4.02, at the times consistent with past practice) or (2) directly or indirectly adjust, split, combine, redeem, reclassify, purchase or otherwise acquire, any shares of its stock (other than repurchases of common shares in the ordinary course of business to satisfy obligations under dividend reinvestment or employee benefit plans).
Dividends, Distributions and Repurchases. Neither the Company nor its ---------------------------------------- Subsidiaries will, without the prior written consent of the holders of at least a majority of the voting power represented by the Shares Stock then outstanding, voting as a class, declare any dividends, make any distributions or redeem or otherwise repurchase for value its Capital Stock (as defined in the Shareholders' Agreement) or the capital stock of its Subsidiaries except for (i) repurchases for the purpose of recapitalizing the Company or any of its Subsidiaries in which the shares of all equity holders of the recapitalized entity are repurchased on a pro rata basis, (ii) repurchases of stock owned by employees of the Company or its Subsidiaries, (iii) dividends or distributions to another Subsidiary, the Company or pro rata dividends to an owner of capital stock of a Subsidiary not prohibited under Section 6(i), (iv) installment payments of redemption notes issued by Subsidiaries of the Company in connection with the acquisition of such Subsidiaries by the Company and (v) repurchases of capital stock or warrants by the Company pursuant to Section 2.1(c) of the Shareholders' Agreement or Section I of the Warrantholders' Agreement.
Dividends, Distributions and Repurchases. Except for (a) customary S corporation distributions to shareholders in the approximate amount of Tax liabilities associated with the earnings of Richland State Bank and RSBI on the same terms and in accordance with past practices, and (b) Approved Distributions, make, declare, pay or set aside for payment any dividend on or in respect of, or declare or make any distribution on any shares of its stock (other than any dividends from its wholly-owned Subsidiaries to it or another of its wholly-owned Subsidiaries) or directly or indirectly adjust, split, combine, redeem, reclassify, purchase of otherwise acquire, any shares of its stock (other than repurchases of common shares in the ordinary course of business to satisfy obligations under dividend reinvestment or employee benefit plans);
Dividends, Distributions and Repurchases. Except for the AAA Distribution and normal, recurring quarterly dividends of $0.45 per share (prorated for any partial period), make, declare, pay or set aside for payment any dividend on or in respect of, or declare or make any distribution on any shares of its stock (other than any dividends from its wholly-owned Subsidiaries to it or another of its wholly-owned Subsidiaries) or directly or indirectly adjust, split, combine, redeem, reclassify, purchase of otherwise acquire, any shares of its stock (other than repurchases of common shares in the ordinary course of business to satisfy obligations under dividend reinvestment or employee benefit plans);
Dividends, Distributions and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, to the contrary, no dividend or distribution including, without limitation, any distribution paid upon dissolution of the Trust or of any Series with respect to, nor any repurchase of, the Shares of any Series (or class) shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 3.07 of this Article III, shall any Holder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series except to the extent that such Holder has such a right or claim hereunder as a Holder of such other Series. The Trustees shall have sole discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital, and each such determination and allocation shall be conclusive and binding upon the Holders in the absence of manifest error.
Dividends, Distributions and Repurchases
