Common use of Limitation on Dividends and Other Restricted Payments Clause in Contracts

Limitation on Dividends and Other Restricted Payments. Declare or pay any dividend (other than dividends payable solely in its common stock) on, or make any payment on account of, or set apart assets for a sinking or other analogous fund for, the purchase, redemption, defeasance, retirement or other acquisition of, any shares of any class of Capital Stock of the Borrower or any Subsidiary or any warrants or options to purchase any such Capital Stock, whether now or hereafter outstanding, or make any other distribution in respect thereof, either directly or indirectly, whether in cash or property or in obligations of the Borrower or any Subsidiary thereof (such declarations, payments, setting apart, purchases, redemptions, defeasances, retirements, acquisitions and distributions being herein called “Restricted Payments”) except (a) as permitted by subsections 8.5 or 8.9, (b) any Subsidiary may pay dividends to the Borrower or any other Subsidiary, (c) the Borrower or any Subsidiary may make Restricted Payments pursuant to and in accordance with customary stock option plans or other customary benefit plans for management or employees of the Borrower and its Subsidiaries, and (d) notwithstanding anything to the contrary in subsection 8.9, the Borrower may repurchase, and/or pay dividends in respect of, Capital Stock of the Borrower in an amount not to exceed $250,000,000 in the aggregate prior to the Revolving Termination Date.

Limitation on Dividends and Other Restricted Payments. Declare or pay any dividend (other than dividends payable solely in its common stock) on, or make any payment on account of, or set apart assets for a sinking or other analogous fund for, the purchase, redemption, defeasance, retirement or other acquisition of, any shares of any class of Capital Stock of the Borrower or any Subsidiary or any warrants or options to purchase any such Capital Stock, whether now or hereafter outstanding, or make any other distribution in respect thereof, either directly or indirectly, whether in cash or property or in obligations of the Borrower or any Subsidiary thereof (such declarations, payments, setting apart, purchases, redemptions, defeasances, retirements, acquisitions and distributions being herein called “Restricted Payments”) except (a) as permitted by subsections 8.5 or 8.9, (b) any Subsidiary may pay dividends to the Borrower or any other Subsidiary, (c) the Borrower or any Subsidiary may make Restricted Payments pursuant to and in accordance with customary stock option plans or other customary benefit plans for management or employees of the Borrower and its Subsidiaries, and (d) notwithstanding anything to the contrary in subsection 8.9, the Borrower may repurchase, and/or pay dividends in respect of, Capital Stock of the Borrower in an amount not to exceed $250,000,000 10,000,000 in the aggregate prior to during any fiscal year of the Revolving Termination DateBorrower.

Limitation on Dividends and Other Restricted Payments. Declare or pay any dividend (other than dividends payable solely in its common stock) on, or make any payment on account of, or set apart assets for a sinking or other analogous fund for, the purchase, redemption, defeasance, retirement or other acquisition of, any shares of any class of Capital Stock of the Borrower or any Subsidiary or any warrants or options to purchase any such Capital Stock, whether now or hereafter outstanding, or make any other distribution in respect thereof, either directly or indirectly, whether in cash or property or in obligations of the Borrower or any Subsidiary thereof (such declarations, payments, setting apart, purchases, redemptions, defeasances, retirements, acquisitions and distributions being herein called “Restricted Payments”) except (a) as permitted by subsections 8.5 or 8.9, (b) any Subsidiary may pay dividends to the Borrower or any other Subsidiary, (c) the Borrower or any Subsidiary may make Restricted Payments pursuant to and in accordance with customary stock option plans or other customary benefit plans for management or employees of the Borrower and its Subsidiaries, and (d) notwithstanding anything to the contrary in subsection 8.9, the Borrower may repurchase, and/or pay dividends in respect of, Capital Stock of the Borrower in an amount not to exceed $250,000,000 in the aggregate prior to the Revolving Termination Term Loan Maturity Date.

Limitation on Dividends and Other Restricted Payments. Declare or pay any dividend (other than dividends payable solely in its common stock) on, or make any payment on account of, or set apart assets for a sinking or other analogous fund for, the purchase, redemption, defeasance, retirement or other acquisition of, any shares of any class of Capital Stock of the Borrower or any Subsidiary or any warrants or options to purchase any such Capital Stock, whether now or hereafter outstanding, or make any other distribution in respect thereof, either directly or indirectly, whether in cash or property or in obligations of the Borrower or any Subsidiary thereof (such declarations, payments, setting apart, purchases, redemptions, defeasances, retirements, acquisitions and distributions being herein called “Restricted Payments”) except (a) as permitted by subsections 8.5 or 8.9, (b) any Subsidiary may pay dividends to the Borrower or any other Subsidiary, (cb) the Borrower or any Subsidiary may make Restricted Payments pursuant to and in accordance with customary stock option plans or other customary benefit plans for management or employees of the Borrower and its Subsidiaries, Subsidiaries and (dc) notwithstanding anything to the contrary in subsection 8.9, the Borrower may repurchase, and/or pay dividends make other Restricted Payments so long as at the time of such Restricted Payment and immediately after giving effect thereto (x) no Default or Event of Default exists and (y) the Borrower is in respect of, Capital Stock pro forma compliance with the financial covenants set forth in Section 8.1 of the Borrower in an amount not to exceed $250,000,000 in the aggregate prior to the Revolving Termination DateLoan Agreement.