Common use of Limitation on Dividends; Transactions with Affiliates Clause in Contracts

Limitation on Dividends; Transactions with Affiliates. (a) If Securities are issued to the Trust or a trustee of the Trust in connection with the issuance of Trust Securities by the Trust and (i) there shall have occurred any event that would constitute an Event of Default or (ii) the Company shall be in default with respect to its payment of any other obligations under the Preferred Securities Guarantee or Common Securities Guarantee relating to the Trust, then (A) the Company shall not declare or pay any dividend on, make any distributions with respect to, or redeem, purchase or acquire or make a liquidation payment with respect to, any of its capital stock and (B) the Company shall not make any payment of interest, principal or premium, if any, on or repay, repurchase or redeem any debt securities issued by the Company which rank pari passu with or junior to such Securities, provided that the foregoing restriction in paragraph (A) does not apply to any stock dividends paid by the Company where the dividend stock is the same stock as that on which the dividend is being paid.

Appears in 1 contract

Samples: Southwest Gas Corp

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Limitation on Dividends; Transactions with Affiliates. (a) If Securities are issued to the a Consumer's Trust or a trustee of the Trust such trust in connection with the issuance of Trust Securities by the such Consumers Trust and (i) there shall have occurred any event that would constitute an Event of Default or (ii) the Company shall be in default with respect to its payment of or any other obligations under the Preferred Securities Guarantee or Common Securities Guarantee relating to the Trustsuch Trust Securities, then (Ax) the Company shall not declare or pay any dividend onon , make any distributions with respect to, or redeem, purchase or acquire or make a liquidation payment with respect to, any of its capital stock and stock, (By) the Company shall not make any payment of interest, interest or principal or premiumpremium on, if any, on or repay, repurchase or redeem any debt securities (including guarantees) issued by the Company which rank pari passu with or junior to such Securities, provided that Securities and (z) the Company shall not make guarantee payments with respect to the foregoing restriction in paragraph (A) does not apply other than pursuant to any stock dividends paid by the Company where the dividend stock is the same stock as that on which the dividend is being paidPreferred Securities Guarantee).

Appears in 1 contract

Samples: Indenture (CMS Energy Corp)

Limitation on Dividends; Transactions with Affiliates. (a) If Securities are issued to the a Consumer's Trust or a trustee of the Trust such trust in connection with the issuance of Trust Securities by the such Consumers Trust and (i) there shall have occurred any event that would constitute an Event of Default or (ii) the Company shall be in default with respect to its payment of or any other obligations under the Preferred Securities Guarantee or Common Securities Guarantee relating to the Trustsuch Trust Securities, then (Ax) the Company shall not declare or pay any dividend onon , make any distributions with respect to, or redeem, purchase or acquire or make a liquidation payment with respect to, any of its capital stock and stock, (By) the Company shall not make any payment of interest, principal or premium, if any, on or repay, repurchase or redeem any debt securities (including guarantees) issued by the Company which rank pari passu with or junior to such Securities, provided that Securities and (z) the Company shall not make guarantee payments with respect to the foregoing restriction in paragraph (A) does not apply other than pursuant to any stock dividends paid by the Company where the dividend stock is the same stock as that on which the dividend is being paidPreferred Securities Guarantee).

Appears in 1 contract

Samples: Consumers Power Co Financing I

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Limitation on Dividends; Transactions with Affiliates. (a) If Securities are issued to the a Consumer's Trust or a trustee of the Trust such trust in connection with the issuance of Trust Securities by the such Consumers Trust and (i) there shall have occurred any event that would constitute an Event of Default or (ii) the Company shall be in default with respect to its payment of or any other obligations under the Preferred Securities Guarantee or Common Securities Guarantee relating to the Trustsuch Trust Securities, then (Ax) the Company shall not declare or pay any dividend onon , make any distributions with respect to, or redeem, purchase or acquire or make a liquidation payment with respect to, any of its capital stock and stock, (By) the Company shall not make any payment of interest, interest or principal or premium, if any, on on, or repay, repurchase or redeem any debt securities (including guarantees) issued by the Company which rank pari passu with or junior to such Securities, provided that Securities and (z) the Company shall not make guarantee payments with respect to the foregoing restriction in paragraph (A) does not apply other than pursuant to any stock dividends paid by the Company where the dividend stock is the same stock as that on which the dividend is being paidPreferred Securities Guarantee).

Appears in 1 contract

Samples: Consumers Power Co Financing I

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