Dividends; Redemptions. Borrower shall not (i) declare, pay or make any dividend or distribution on any shares of capital stock or other securities or interests (other than dividends or distributions payable in its stock, or split-ups or reclassifications of its stock); (ii) apply any of its funds, property or assets to the acquisition, redemption or other retirement or any capital stock or other securities or interests or of any options to purchase or acquire any of the foregoing (provided, however, that Borrower may redeem its equity securities from terminated employees pursuant to, but only to the extent required under, the terms of the related employment agreements as long as no Default or Event of Default has occurred and is continuing or would be caused by or result therefrom), (iii) otherwise make any payments or Distributions to any stockholder, member, partner or other equity owner in such Person’s capacity as such, or (iv) make any payment of any management, or related or similar fee to any Person or with respect to any facility owned, operated or leased by Borrower,
Appears in 1 contract
Samples: Credit and Security Agreement (Selway Capital Acquisition Corp.)
Dividends; Redemptions. Borrower shall not (i) declare, pay or make any dividend or distribution on any shares of capital stock or other securities or interests (other than dividends or distributions payable in its stock, or split-ups or reclassifications of its stock); , (ii) apply any of its funds, property or assets to the acquisition, redemption or other retirement or of any capital stock or other securities or interests or of any options to purchase or acquire any of the foregoing (provided, however, that Borrower may redeem its equity securities capital stock from terminated employees pursuant to, but only to the extent required under, the terms of the related employment agreements as long as no Default or Event of Default has occurred and is continuing or would be caused by or result therefrom), (iii) otherwise make any payments or Distributions to any stockholder, member, partner or other equity owner in such Person’s capacity as such, or (iv) make any payment of any managementmanagement or service fee, provided that Borrower shall not make or related suffer to exist any such payment described in (i) through (iv) above if a Default of Event of Default has occurred and is continuing or similar fee to any Person or with respect to any facility owned, operated or leased by Borrower,would result therefrom.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Boston Biomedica Inc)
Dividends; Redemptions. Borrower shall not (i) declare, pay or make any dividend or distribution Distribution on any shares of capital stock or other securities or interests (other than dividends or distributions Distributions payable in its stock, or split-ups or reclassifications of its stock); , (ii) apply any of its funds, property or assets to the acquisition, redemption or other retirement or of any capital stock or other securities or interests or of any options to purchase or acquire any of the foregoing (provided, however, that Borrower may redeem its equity securities capital stock from terminated employees pursuant to, but only to the extent required under, the terms of the related employment agreements as long as no Default or Event of Default has occurred and is continuing or would be caused by or result therefrom), (iii) otherwise make any payments or Distributions to any stockholder, member, partner or other equity owner in such Person’s capacity as such, or (iv) make any payment of any managementmanagement or service fee. Notwithstanding the foregoing, any Borrower may declare and pay dividends or related or similar fee other distributions to any Person or with respect to any facility ownedother Borrower, operated or leased by Borrower,if after giving effect thereto, each such Borrower is Solvent.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (World Health Alternatives Inc)
Dividends; Redemptions. Borrower shall not (i) declare, pay or make any dividend or distribution Distribution on any shares of capital stock or other securities or interests (other than dividends or distributions Distributions payable in its stock, or split-ups or reclassifications of its stock); , (ii) apply any of its funds, property or assets to the acquisition, redemption or other retirement or of any capital stock or other securities or interests or of any options to purchase or acquire any of the foregoing (provided, however, that Borrower may redeem its equity securities capital stock from terminated employees pursuant to, but only to the extent required under, the terms of the related employment agreements as long as no Default or Event of Default has occurred and is continuing or would be caused by or result therefrom), (iii) otherwise make any payments or Distributions to any stockholder, member, partner or other equity owner in such Person’s 's capacity as such, or (iv) make any payment of any managementmanagement or service fee, provided that, Borrower shall not make or related suffer to exist any such payment described in (i) through (iii) above if a Default of Event of Default has occurred and is continuing or similar fee to any Person or with respect to any facility owned, operated or leased by Borrower,would result therefrom.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Western Express Holdings, Inc.)