Common use of Dividends, Stock Repurchases, Etc Clause in Contracts

Dividends, Stock Repurchases, Etc. (a) The Parent will not directly or indirectly declare, order, pay or make any dividend (other than dividends payable solely in capital stock of the Parent) or other distribution on or in respect of any capital stock of any class of the Parent, whether by reduction of capital or otherwise, EXCEPT that the Parent may make cash dividend payments in respect of its capital stock if (i) no Potential Default under Section XI(a)(i) or Default shall have occurred and be continuing at the time of declaration or payment thereof; and (ii) after giving effect thereto the Parent and Lessee will be in compliance, on a PRO FORMA basis, with Section XXIII.

Appears in 3 contracts

Samples: Master Lease Agreement (Brush Engineered Materials Inc), Master Lease Agreement (Brush Engineered Materials Inc), Master Lease Agreement (Brush Engineered Materials Inc)

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Dividends, Stock Repurchases, Etc. (a) The Parent will not directly or indirectly declare, order, pay or make any dividend (other than dividends payable solely in capital stock of the Parent) or other distribution on or in respect of any capital stock of any class of the Parent, whether by reduction of capital or otherwise, EXCEPT that the Parent may make cash dividend payments in respect of its capital stock if (i) no Potential Default under Section XI(a)(isection 10.1(a) or Event of Default shall have occurred and be continuing at the time of declaration or payment thereof; and (ii) after giving effect thereto the Parent and Lessee Borrowers will be in compliance, on a PRO FORMA basis, with Section XXIIIsections 9.7, 9.8, 9.9 and 9.10.

Appears in 1 contract

Samples: Credit Agreement (Brush Engineered Materials Inc)

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