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, 2003, 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 Arrangers and the Lenders, since March 31, 1998, neither the Borrower, RMOP nor the Company shall have (i) entered into any (as determined in good faith by the Administrative Agent and the Syndication 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. Except as disclosed to the Agent and the Lenders, since December 31, 1997, the Borrower shall not have (i) entered into any (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 Borrower's business, (ii) declared or paid any dividends or other distributions, (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, 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 December 31, 1998, 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, other than those described on SCHEDULE 6.1(D) hereto.
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. Except as disclosed to the ------------------------------ Administrative Agent and the Lenders, since December 31, 2000, the 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 (other than dividends or distributions by the Company in the ordinary course), (iii) established compensation or employee benefit plans, or (iv) redeemed any equity Securities.
Interim Liabilities and Equity. Except as disclosed to the Administrative Agent and the Lenders or as permitted under the Existing Revolving Agreement and the Original Term Loan Agreement, since September 30, 2004, 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.
