Limitation on Dividends and Stock Repurchases. The Guarantor will not, directly or indirectly, at any time any Existing EPIL Indebtedness is outstanding, without the prior written consent of the Required Existing EPIL Holders, declare, authorize or pay any dividend or make any distribution on or in respect of any Capital Stock of the Guarantor (other than dividends or distributions paid solely in Ordinary Shares of the Guarantor) to the holders of such Capital Stock, or set apart any sum or property for the same, or incur any liability to declare, authorize, pay or make or set apart any sum or property for the same. The Guarantor will not, and will not permit any of its Subsidiaries to, directly or indirectly, at any time any Existing EPIL Indebtedness is outstanding, without the prior written consent of the Required Existing EPIL Holders, redeem, purchase or otherwise acquire or retire for value any Capital Stock of the Guarantor.
Limitation on Dividends and Stock Repurchases. Declare any dividends on any shares of any class of stock, or make any payment on account of, or set apart assets for a sinking or other analogous fund for, the purchase, redemption, retirement or other acquisition of any shares of any class of stock (including the outstanding capital stock of the Company), 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 Company or any of its Subsidiaries (all of the foregoing being referred to herein as "Restricted Payments"); except that:
Limitation on Dividends and Stock Repurchases. Declare any dividends other than dividends paid in kind on any shares of any class of Capital Stock of the Borrower, or make any payment on account of, or set apart assets for a sinking or other analogous fund for, the purchase, redemption, retirement or other acquisition of any shares of any class of Capital Stock of the Borrower, 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 of its Subsidiaries (all of the foregoing being referred to herein as “Restricted Payments”); except that the Borrower may make Restricted Payments on or with respect to its Capital Stock so long as, after giving effect to such Restricted Payments, (i) no Default or Event of Default shall have occurred and be continuing or shall result therefrom and (ii) the Borrower’s senior unsecured credit rating is at least Ba2 by Xxxxx’x and BB by S&P.
Limitation on Dividends and Stock Repurchases. The Borrower shall not declare or pay any dividends on, or make any distributions relating to or returns of capital on, any of its capital stock, or purchase or redeem any of its capital stock; provided, however, that, so long as no Default or Event of Default exists or would be caused by such distribution, the Borrower may pay dividends in any Fiscal Year which do not in the aggregate exceed fifty percent (50%) of the Borrower’s Consolidated Excess Cash Flow for such Fiscal Year.
Limitation on Dividends and Stock Repurchases. Declare, and shall not permit any Subsidiary to declare, any dividends on any shares of any class of Capital Stock, or make, and shall not permit any Subsidiary to make, any payment on account of, or set apart assets for a sinking or other analogous fund for, the purchase, redemption, retirement or other acquisition of any shares of any class of Capital Stock (including the outstanding Capital Stock of the Borrower), 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 of its Subsidiaries (all of the foregoing being referred to herein as “Restricted Payments”); except that:
Limitation on Dividends and Stock Repurchases. Section 7.10 of the Credit Agreement is amended by deleting paragraphs (c) and (d) substituting therefor the following:
Limitation on Dividends and Stock Repurchases. 6.10 Limitation on Indebtedness or Mandatory Redeemable Stock
Limitation on Dividends and Stock Repurchases. Declare any dividends on any shares of any class of stock, or make any payment on account of, or set apart assets for a sinking or other analogous fund for, the purchase, redemption, retirement or other acquisition of any shares of any class of stock (including the outstanding capital stock of the Company), 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 Company or any of its Subsidiaries (all of the foregoing being referred to herein as "RESTRICTED PAYMENTS"); except that:
Limitation on Dividends and Stock Repurchases. Other than in connection with a Permitted Reorganization Plan, declare, and shall not permit any Subsidiary to declare, any dividends on any shares of any class of Capital Stock, or make, and shall not permit any Subsidiary to make, any payment on account of, or set apart assets for a sinking or other analogous fund for, the purchase, redemption, retirement or other acquisition of any shares of any class of Capital Stock (including the outstanding Capital Stock of the Borrower), 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 of its Subsidiaries (all of the foregoing being referred to herein as “Restricted Payments”); except that Subsidiaries may pay dividends directly or indirectly to the Borrower and except that at any time after the Emergence Time:
Limitation on Dividends and Stock Repurchases. No Restricted Person (a)will declare or make any Dividends other than (i) Dividends payable to Borrower, and (ii) so long as no Default has occurred and is continuing or will occur as a result thereof, Dividends payable to Borrower's shareholders, to the extent that the aggregate value of all such Distributions made during any Four-Quarter Period does not exceed the greater of $13,000,000 or seventy-five percent (75%) of Net Income for such Four- Quarter Period; or (b) make Stock Repurchases except to the extent that the aggregate value of all such Stock Repurchases made during any Four-Quarter Period does not exceed $15,000,000.
