Common use of IMPAIRMENT OF CAPITAL Clause in Contracts

IMPAIRMENT OF CAPITAL. If, even after giving effect to the provisions of Section 7.1(a) hereof, the Company is prohibited by law from repurchasing any Shares which it is entitled to repurchase hereunder due to any existing or prospective impairment of its capital, the closing of such repurchase shall be delayed until the first date on which the Company has sufficient capital to lawfully repurchase such Shares (the "Delayed Closing Date"), and when ------- ------- ---- completed, any payments of the repurchase price shall be applied pro rata in accordance with the proviso to Section 7.1(a) above. In the event of any such delay of a closing (other than a closing described in Section 7.1(a)(x) above), the Company will be obligated to pay, on the Delayed Closing Date, interest on the repurchase price for such Shares, at the Prime Rate as published from time to time in the "Wall Street Journal" from the date on which the closing of the repurchase of such Shares was originally scheduled to occur to the Delayed Closing Date.

IMPAIRMENT OF CAPITAL. If, even after giving effect to the provisions of Section 7.1(a) hereof, the Company is prohibited by law from repurchasing any Shares which it is entitled to repurchase hereunder due to any existing or prospective impairment of its capital, the closing of such repurchase shall be delayed until the first date on which the Company has sufficient capital to lawfully repurchase such Shares (the "Delayed Closing Date"), and when ------- ------- ---- completed, any payments of the repurchase price shall be applied pro rata in accordance with the proviso to Section 7.1(a) above. In the event of any such delay of a closing (other than a closing described in Section 7.1(a)(x) above)closing, the Company will be obligated to pay, on the Delayed Closing Date, interest on the repurchase price for such Shares, at the Prime Rate as published from time to time in the "Wall Street Journal" from the date on which the closing of the repurchase of such Shares was originally scheduled to occur to the Delayed Closing Date.

IMPAIRMENT OF CAPITAL. If, even after giving effect to the provisions of Section 7.1(a) hereof, the Company is prohibited by law from repurchasing any Shares which it is entitled to repurchase hereunder due to any existing or prospective impairment of its capital, the closing of such repurchase shall be delayed until the first date on which the Company has sufficient capital to lawfully repurchase such Shares (the "Delayed Closing ------- ------- Date"), and when ------- ------- ---- completed, any payments of the repurchase price shall be ---- applied pro rata in accordance with the proviso to Section 7.1(a) above. In the event of any such delay of a closing (other than a closing described in Section 7.1(a)(x) above)closing, the Company will be obligated to pay, on the Delayed Closing Date, interest on the repurchase price for such Shares, at the Prime Rate as published from time to time in the "Wall Street Journal" from the date on which the closing of the repurchase of such Shares was originally scheduled to occur to the Delayed Closing Date.