Limitation on Dividends and Other Payment Restrictions Affecting Subsidiaries. The Company shall not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create or otherwise cause or suffer to exist or become effective any consensual encumbrance or restriction on the ability of any Restricted Subsidiary to: (i) pay dividends or make any other distributions to the Company or any of its Restricted Subsidiaries (a) on its Capital Stock or (b) with respect to any other interest or participation in, or measured by, its profits; (ii) pay any Indebtedness owed to the Company or any of its Restricted Subsidiaries; (iii) make loans or advances to the Company or any of its Restricted Subsidiaries; or (iv) transfer any of its properties or assets to the Company or any of its Restricted Subsidiaries; except for such encumbrances or restrictions existing under or by reason of (a) Existing Indebtedness as in effect on the date of this Indenture, (b) this Indenture and the Notes, (c) applicable law, (d) any instrument governing Indebtedness or Capital Stock of a Person acquired
Appears in 1 contract
Samples: Indenture (Mmi Products Inc)
Limitation on Dividends and Other Payment Restrictions Affecting Subsidiaries. The Company shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create or otherwise cause or suffer to exist or become effective any consensual encumbrance or restriction on the ability of any Restricted Subsidiary to:
to (i) pay dividends or make any other distributions to the Company or any of its Restricted Subsidiaries (a) distribution on its Capital Stock or (b) with respect to any other interest or participation inStock, or measured by, its profits;
(ii) pay any Indebtedness owed to the Company or any of its Restricted Subsidiaries;
other Subsidiary, (iii) make loans or advances to any Investment in the Company or any of its Restricted Subsidiaries; or
other Subsidiary or (iv) transfer any of its properties or assets to the Company or any of its Restricted Subsidiaries; other Subsidiary, except for such encumbrances or restrictions existing under or by reason of (a) Existing Indebtedness as in effect any encumbrance or restriction under the Credit Facility; (b) any encumbrance or restriction, with respect to a Subsidiary that is not a Subsidiary of the Company on the date of this Indenture, (b) this Indenture in existence at the time such Person becomes a Subsidiary of the Company and the Notesnot incurred in connection with, or in contemplation of, such Person becoming a Subsidiary; and (c) applicable lawany encumbrance or restriction existing under any agreement that extends, renews, refinances or replaces the agreements containing the encumbrances or restrictions in the foregoing clauses (da) or (b), or in this clause (c), 88 PROVIDED that the terms and conditions of any instrument governing such encumbrances or restrictions are no more restrictive in any material respect than those under or pursuant to the agreement evidencing the Indebtedness so extended, renewed, refinanced or Capital Stock of a Person acquiredreplaced.
Appears in 1 contract
Samples: Indenture (Loehmanns Holdings Inc)
Limitation on Dividends and Other Payment Restrictions Affecting Subsidiaries. The Company shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create or otherwise cause or suffer to exist or become effective any consensual encumbrance or restriction on the ability of any Restricted Subsidiary to:
to (i) pay dividends or make any other distributions to the Company or any of its Restricted Subsidiaries (a) distribution on its Capital Stock or (b) with respect to any other interest or participation inStock, or measured by, its profits;
(ii) pay any Indebtedness owed to the Company or any of its Restricted Subsidiaries;
other Subsidiary, (iii) make loans or advances to any Investment in the Company or any of its Restricted Subsidiaries; or
other Subsidiary or (iv) transfer any of its properties or assets to the Company or any of its Restricted Subsidiaries; other Subsidiary, except for such encumbrances or restrictions existing under or by reason of (a) Existing Indebtedness as in effect any encumbrance or restriction under the Credit Facility; (b) any encumbrance or restriction, with respect to a Subsidiary that is not a Subsidiary of the Company on the date of this Indenture, (b) this Indenture in existence at the time such Person becomes a Subsidiary of the Company and the Notesnot incurred in connection with, or in contemplation of, such Person becoming a Subsidiary; and (c) applicable lawany encumbrance or restriction existing under any agreement that extends, renews, refinances or replaces the agreements containing the encumbrances or restrictions in the foregoing clauses (da) or (b), or in this clause (c), provided that the terms and conditions of any instrument governing such encumbrances or restrictions are no more restrictive in any material respect than those under or pursuant to the agreement evidencing the Indebtedness so extended, renewed, refinanced or Capital Stock of a Person acquiredreplaced.
Appears in 1 contract
Samples: Indenture (Loehmanns Holdings Inc)
Limitation on Dividends and Other Payment Restrictions Affecting Subsidiaries. The Company shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create or otherwise cause or suffer to exist or become effective any consensual encumbrance or restriction on the ability of any Restricted Subsidiary to:
to (i) pay dividends or make any other distributions to the Company or any of its Restricted Subsidiaries (a) distribution on its Capital Stock or (b) with respect to any other interest or participation inStock, or measured by, its profits;
(ii) pay any Indebtedness owed to the Company or any of its Restricted Subsidiaries;
other Subsidiary, (iii) make loans or advances to any Investment in the Company or any of its Restricted Subsidiaries; or
other Subsidiary or (iv) transfer any of its properties or assets to the Company or any of its Restricted Subsidiaries; other Subsidiary, except for such encumbrances or restrictions existing under or by reason of (a) Existing Indebtedness as in effect any encumbrance or restriction under the Credit Facility; (b) any encumbrance or restriction, with respect to a Subsidiary that is not a Subsidiary of the Company on the date of this Indenture, (b) this Indenture in existence at the time such Person becomes a Subsidiary of the Company and the Notesnot incurred in connection with, or in contemplation of, such Person becoming a Subsidiary; and (c) applicable lawany encumbrance or restriction existing under any agreement that extends, renews, refinances or replaces the agreements containing the encumbrances or restrictions in the foregoing clauses (da) or (b), or in this clause (c), PROVIDED that the terms and conditions of any instrument governing such encumbrances or restrictions are no more restrictive in any material respect than those under or pursuant to the agreement evidencing the Indebtedness so extended, renewed, refinanced or Capital Stock of a Person acquiredreplaced.
Appears in 1 contract
Samples: Indenture (Loehmanns Holdings Inc)
Limitation on Dividends and Other Payment Restrictions Affecting Subsidiaries. (a) The Company shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create or otherwise cause or suffer to exist or become effective any consensual restriction or encumbrance or restriction on the ability of any such Restricted Subsidiary to:
to (i) pay dividends or make any other distributions to the Company or any of its Restricted Subsidiaries (a) on its Capital Stock or (b) with respect to Redeemable Stock or any other interest or participation in, or measured by, its profits;
(ii) , in each case, owned by the Company, or pay any Indebtedness owed to the Company or any Restricted Subsidiary of its Restricted Subsidiaries;
the Company, (iiiii) make loans or advances to the Company or any Restricted Subsidiary of its Restricted Subsidiaries; or
the Company, or (iviii) make any transfer of any of its properties or assets to the Company or any of its a Restricted Subsidiaries; except for such Subsidiary.
(b) The foregoing shall not prohibit encumbrances or restrictions existing as of the date hereof or hereafter under or by reason of of:
(ai) Existing Indebtedness as in effect on the date of this Indenture, the MGI Indenture or the Pacific Lumber Indenture;
(bii) this Indenture and the NotesCredit Agreement;
(iii) (A) customary provisions restricting subletting or assignment of any lease of the Company or any Restricted Subsidiary of the Company, or (cB) applicable law, (d) any instrument governing Indebtedness or Capital Stock customary restrictions imposed on the transfer of a Person acquiredcopyrighted or
Appears in 1 contract
Samples: Indenture (Maxxam Inc)