Interim Liabilities and Equity. Except as disclosed to the Arranger and the Lenders, since December 31, 2014, neither the Borrower nor the Company shall have (i) entered into any material (as determined in good faith by the Administrative Agent) commitment or transaction, including, without limitation, transactions for borrowings and capital expenditures, which are not in the ordinary course of the Borrower’s business, (ii) declared or paid any dividends or other distributions other than in the ordinary course of business, (iii) established compensation or employee benefit plans, or (iv) redeemed or issued any equity Securities.
Interim Liabilities and Equity. Except as disclosed to the Arrangers and the Lenders, since December 31, 2001, neither the Borrower nor the Company shall have (i) entered into any material (as determined in good faith by the Payment and Disbursement Agent) commitment or transaction, including, without limitation, transactions for borrowings and capital expenditures, which are not in the ordinary course of the Borrower's business, (ii) declared or paid any dividends or other distributions other than in the ordinary course of business, (iii) established compensation or employee benefit plans, or (iv) redeemed or issued any equity Securities.
Interim Liabilities and Equity. Since December 31, 1995, neither the U.S. Borrower nor any of its Subsidiaries shall have (i) entered into any material (as determined in good faith by the Agent) commitment or transaction, including, without limitation, transactions for borrowings and capital expenditures, which are not in the ordinary course of the U.S. Borrower's or its Subsidiaries' respective businesses except with respect to the transactions contemplated hereby or otherwise permitted by the 1994 Credit Agreement, (ii) declared or paid any dividends or distributions not permitted by the 1994 Credit Agreement, (iii) established or assumed any obligations with respect to compensation or employee benefit plans other than the Plans in effect on December 31, 1995 or (iv) redeemed or repurchased Capital Stock other than the repurchase of the 60.48 shares of preferred stock which was issued on terms substantially similar to the 1994 Preferred Stock held by Xxxxxx Xxxxxx and the 106.74 shares of common stock of the U.S. Borrower held by Xxxxxx Xxxxxx or (v) issued any Capital Stock other than in connection with the Equity Infusion.
Interim Liabilities and Equity. Except as disclosed to the Arranger and the Lenders, or as permitted under the Existing Revolving Credit Agreement (including as set forth on Schedule 6.1(d) thereto), since December 31, 2004, neither the Borrower nor the Company shall have (i) entered into any (as determined in good faith by the Administrative Agent) commitment or transaction, including, without limitation, transactions for borrowings and capital expenditures, which are not in the ordinary course of the Borrower's business, (ii) declared or paid any dividends or other distributions other than in the ordinary course of business, (iii) established compensation or employee benefit plans, or (iv) redeemed or issued any equity Securities.
Interim Liabilities and Equity. Except as disclosed to the Arranger and the Lenders, since June 30, 1998, neither the Borrower, RMOP nor the Company shall have (i) entered into any (as determined in good faith by the Administrative Agent) commitment or transaction, including, without limitation, transactions for borrowings and capital expenditures, which are not in the ordinary course of the Borrower's and RMOP's business, (ii) declared or paid any dividends or other distributions other than in the ordinary course of business, (iii) established compensation or employee benefit plans, or (iv) redeemed or issued any equity Securities, other than those described on Schedule 6.1(d) hereto.
Interim Liabilities and Equity. Since December 31, 2001, no Borrower and no Guarantor shall have (i) entered into any material (as determined in good faith by the Agent) commitment or transaction, including, without limitation, transactions for borrowings and capital expenditures, which are not in the ordinary course of such Person's business, except with respect to the consummation of the transactions contemplated hereby, the Subordinated Debt Restructuring, and the settlement of the Class Action Litigation on the terms described in Schedule 6.01-D attached hereto and made a part hereof, (ii) declared or paid any distribution or dividend, (iii) established or assumed any obligations with respect to compensation or employee benefit plans other than plans with respect to the Permitted Equity Securities Options, or (iv) redeemed, repurchased, or issued any equity Securities other than in connection with the Subordinated Debt Restructuring.
Interim Liabilities and Equity. Since December 31, 1996, no Borrower and no Guarantor shall have (i) entered into any material (as determined in good faith by the Agent) commitment or transaction, including, without limitation, transactions for borrowings and capital expenditures, which are not in the ordinary course of such Person's business, except with respect to the consummation of the Aerocell Acquisition, the Kxxxx-Xxxxx Acquisition, the Leasing Transfer, and other transactions contemplated hereby, (ii) declared or paid any distribution or dividend other than the distribution effecting the Leasing Transfer, (iii) established or assumed any obligations with respect to compensation or employee benefit plans other than plans with respect to the Permitted Equity Securities Options, or (iv) redeemed, repurchased, or issued any equity Securities, except with respect to the formation of M&R and Kxxxx-Xxxxx and with respect to the Aerocell Acquisition.
Interim Liabilities and Equity. Except as disclosed to the Administrative Agent and the Lenders, since December 31, 2002, Borrower shall not have (i) entered into any material (as determined in good faith by the Administrative Agent) commitment or transaction, including, without limitation, transactions for borrowings and Capital Expenditures, which are not in the ordinary course of the Borrower's business, (ii) declared or paid any dividends or other distributions which are not in the ordinary course of the Borrower's business, (iii) established any new compensation or employee benefit plans or made any change to any existing compensation or employee benefit plan, in each case, that is material to the Borrower's financial condition or prospects, or (iv) redeemed any equity Securities in the Borrower or TMC other than any redemption permitted pursuant to SECTION 9.13.
Interim Liabilities and Equity. Except as disclosed to the Lenders, since September 30, 2001, neither the Borrower nor the Company shall have (i) entered into any material (as determined in good faith by the Administrative Agent) commitment or transaction, including, without limitation, transactions for borrowings and capital expenditures, which are not in the ordinary course of the Borrower's business, (ii) declared or paid any dividends or other distributions other than in the ordinary course of business, (iii) established compensation or employee benefit plans, or (iv) redeemed or issued any equity Securities.
Interim Liabilities and Equity. Since March 31, 1996, neither Borrower and no Subsidiary of either Borrower shall have (i) entered into any material (as determined in good faith by the Administrative Agent) commitment or transaction, including, without limitation, transactions for borrowings and capital expenditures (other than with respect to the Utah Distribution Center which are otherwise permitted under the July 1996 Credit Agreement), which are not in the ordinary course of either Borrower's or its Subsidiaries' respective businesses except with respect to the transactions contemplated hereby, (ii) declared or paid any dividends or distributions, except for dividends declared and made by a Subsidiary of either Borrower in compliance with the July 1996 Credit Agreement, a schedule of which has been provided to the Administrative Agent, (iii) established or assumed any obligations with respect to compensation or employee benefit plans other than the Plans in effect on March 31, 1996, or (iv) redeemed, repurchased, or issued any Capital Stock, except pursuant to Permitted Equity Securities Options.
