Limitation on Dividends. The Company shall not declare or pay any dividend or make any distribution on capital stock or other equity securities of any kind of the Company if the Company is not “well capitalized” for regulatory purposes immediately prior to the declaration of such dividend or distribution, except for Permitted Dividends.
Appears in 8 contracts
Samples: Senior Note Purchase Agreement (Patriot National Bancorp Inc), Form of Subordinated Note Purchase Agreement (Five Star Bancorp), Subordinated Note Purchase Agreement (Guaranty Bancshares Inc /Tx/)
Limitation on Dividends. The Company shall not declare or pay any dividend or make any distribution on capital stock or other equity securities of any kind of the Company if the Company is not “well capitalized” for regulatory purposes immediately prior to the declaration of such dividend or distribution, except for Permitted Dividendsdividends payable solely in shares of common stock of the Company.
Appears in 5 contracts
Samples: Subordinated Note Purchase Agreement (Bancfirst Corp /Ok/), Subordinated Note Purchase Agreement (Five Star Bancorp), Subordinated Note Purchase Agreement (Five Star Bancorp)
Limitation on Dividends. The Company shall not declare or pay any dividend or make any other similar payment or distribution on capital stock account of its Equity Interests or other equity securities of any kind of the Company if the Company is not “well capitalized” for regulatory purposes immediately prior to the declaration direct or indirect holders of such dividend or distribution, except for Permitted Dividendsits Equity Interests in their capacity as such.
Appears in 4 contracts
Samples: Pledge Agreement (Mbia Inc), Security Agreement (Mbia Inc), Indenture (Mbia Inc)
Limitation on Dividends. The Company shall not declare or pay any dividend or make any other distribution on capital stock or other equity securities of any kind Capital Stock of the Company if or any payment made to the direct or indirect holders (in their capacities as such) of Capital Stock of the Company is not “well capitalized” for regulatory purposes immediately prior (other than dividends or distributions payable solely in Capital Stock (other than Disqualified Stock) in options, warrants or other rights to the declaration of such dividend or distribution, except for Permitted Dividendspurchase Capital Stock (other than Disqualified Stock)).
Appears in 3 contracts
Samples: Indenture (Autopistas Del Sol Sa), Indenture (Autopistas Del Sol Sa), Autopistas Del Sol Sa
Limitation on Dividends. The Company shall not declare or pay any dividend or make any distribution on capital stock or other equity securities of any kind of the Company if the Company is not “well capitalized” for regulatory capital purposes under Section 225.2(r) of Regulation Y immediately prior to the declaration of such dividend or distribution, except for Permitted Dividendsdividends payable solely in shares of common stock of the Company.
Appears in 3 contracts
Samples: Subordinated Note Purchase Agreement (Bancplus Corp), Subordinated Note Purchase Agreement (Security Federal Corp), Subordinated Note Purchase Agreement (Security Federal Corp)
Limitation on Dividends. The Company shall not declare or pay any dividend or make any distribution on capital stock or other equity securities of any kind of the Company if the Company is not “well capitalized” for regulatory capital purposes immediately prior to the declaration of such dividend or distribution, except for Permitted Dividends.
Appears in 3 contracts
Samples: Form of Subordinated Note Purchase Agreement (First Western Financial Inc), Form of Subordinated Note Purchase Agreement (First Western Financial Inc), Form of Subordinated Note Purchase Agreement (Independent Bank Corp /Mi/)
Limitation on Dividends. The Company shall not declare or pay any dividend or make any distribution on capital stock or other equity securities of any kind of the Company if the Company is not “well capitalized” for regulatory capital purposes immediately prior to the declaration of such dividend or distribution, except for Permitted Dividendsdividends payable solely in shares of common stock of the Company.
Appears in 2 contracts
Samples: Subordinated Note Purchase Agreement (CNB Financial Corp/Pa), Subordinated Note Purchase Agreement (BankFinancial CORP)
Limitation on Dividends. The Company shall not declare or pay any dividend or make any distribution on capital stock shares or other equity securities of any kind of the Company if the Company is not “well capitalized” for all regulatory purposes immediately prior to the declaration declaration, and after giving effect to the payment, of such dividend or distribution, except for Permitted Dividends.dividends payable solely in Common Shares of the Company.
Appears in 2 contracts
Samples: Subordinated Note Purchase Agreement (Franklin Financial Services Corp /Pa/), Subordinated Note Purchase Agreement (Franklin Financial Services Corp /Pa/)
Limitation on Dividends. The Company shall not declare or pay any dividend or make any distribution on capital stock or other equity securities of any kind of the Company if the Company or any of its banking subsidiaries is not “well capitalized” for regulatory purposes immediately prior to the declaration of and after giving effect to the payment of such dividend or distribution, except for Permitted Dividends.
Appears in 2 contracts
Samples: Subordinated Note Purchase Agreement (Farmers National Banc Corp /Oh/), TriState Capital Holdings, Inc.
Limitation on Dividends. The Company shall will not declare or pay any dividend or make any distribution on capital stock (other than dividends or other equity securities of any kind distributions payable solely in Qualified Capital Stock of the Company if Company) on shares of the Company is not “well capitalized” for regulatory purposes immediately prior Company's Capital Stock to the declaration holders of such dividend or distribution, except for Permitted DividendsCapital Stock.
Appears in 2 contracts
Samples: Packaged Ice Inc, Packaged Ice Inc
Limitation on Dividends. The Company shall not declare or pay any dividend or make any distribution on capital stock or other equity securities of any kind of the Company if the Company Bank is not “well capitalized” for as defined under the then applicable regulatory purposes capital standards immediately prior to the declaration of such dividend or distribution, except for Permitted Dividends.
Appears in 2 contracts
Samples: Agency and Registrar Agreement (MainStreet Bancshares, Inc.), Agency and Registrar Agreement (River Financial Corp)
Limitation on Dividends. The Company shall not declare or pay any dividend or make any distribution on capital stock shares or other equity securities of any kind of the Company if the Company is not “well capitalized” for all regulatory purposes immediately prior to the declaration declaration, and after giving effect to the payment, of such dividend or distribution, except for Permitted Dividendsdividends payable solely in Common Shares (as such term is defined in the Purchase Agreement) of the Company.
Appears in 2 contracts
Samples: Subordinated Note Purchase Agreement (ENB Financial Corp), Subordinated Note Purchase Agreement (First Keystone Corp)
Limitation on Dividends. The Company shall not not, directly or ----------------------- indirectly, declare or pay any dividend or make any distribution on or in respect of its capital stock (including any payment in connection with any merger or consolidation involving the Company) except dividends or distributions payable in its capital stock or in options, warrants or other equity securities rights to purchase such capital stock if there has occurred and is continuing a Default or Event of Default in respect of any kind of the Company if the Company is not “well capitalized” for regulatory purposes immediately prior to the declaration of such dividend or distribution, except for Permitted DividendsNotes.
Appears in 2 contracts
Samples: Note Agreement (Specialty Products & Insulation Co), Note Purchase Agreement (Specialty Products & Insulation Co)
Limitation on Dividends. The Company shall not declare or pay any dividend or make any distribution on capital stock or other equity securities of any kind of the Company if the Company is not “well capitalized” for regulatory capital purposes immediately prior to the declaration under Section 225.2(r) of such dividend or distribution, except for Permitted Dividends.A-18
Appears in 1 contract
Samples: Execution Copy Subordinated Note Purchase Agreement (Sound Financial Bancorp, Inc.)
Limitation on Dividends. The Company shall not declare or pay any dividend or make any distribution on capital stock or other equity securities of any kind of the Company if the Company Bank is not “well capitalized” for regulatory capital purposes immediately prior to the declaration of such dividend or distribution, except for Permitted Dividendsdividends payable solely in shares of common stock of the Company.
Appears in 1 contract
Samples: Subordinated Note Purchase Agreement (Farmers & Merchants Bancorp Inc)
Limitation on Dividends. The Company shall not declare or pay any dividend or make any distribution on capital stock or other equity securities of any kind of the Company if the Company Bank is not “well capitalized” for regulatory capital purposes under Section 225.2(r) of Regulation Y immediately prior to the declaration of such dividend or distribution, except for Permitted Dividendsdividends payable solely in shares of common stock of the Company.
Appears in 1 contract
Samples: Form of Subordinated Note Purchase Agreement (Spirit of Texas Bancshares, Inc.)
Limitation on Dividends. The Company shall will not declare or pay any dividend or make any distribution on capital stock (other than dividends or other equity securities of any kind distributions payable solely in Qualified Capital Stock of the Company if Company) on shares of the Company is not “well capitalized” for regulatory purposes immediately prior Company's Capital Stock to the declaration holders of such dividend or distribution, except for Permitted Dividends.Capital Stock. ARTICLE FIVE
Appears in 1 contract
Samples: Call Points Inc
Limitation on Dividends. The Company shall not declare or pay any dividend or make any distribution on capital stock or other equity securities of any kind of the Company if the Company is not “well capitalized” for regulatory purposes immediately prior to the declaration of and after giving effect to the payment of such dividend or distribution, except for Permitted Dividends.
Appears in 1 contract
Samples: Subordinated Note Purchase Agreement (MVB Financial Corp)
Limitation on Dividends. The Company shall not declare or pay any dividend or make any distribution on capital stock or other equity securities of any kind of the Company if the Company Bank is not “well capitalized” for as defined under the then applicable regulatory purposes capital standards immediately prior to the declaration of and after giving effect to such dividend or distribution, except for Permitted Dividends.
Appears in 1 contract
Samples: Paying Agency and Registrar Agreement (MainStreet Bancshares, Inc.)
Limitation on Dividends. The Company shall not declare or pay any dividend or make any distribution on capital stock or other equity securities of any kind of the Company if the Company is not “"well capitalized” " for regulatory purposes immediately prior to the declaration of such dividend or distribution, except for Permitted Dividendsdividends payable solely in shares of common stock of the Company.
Appears in 1 contract
Samples: Subordinated Note Purchase Agreement (BCB Bancorp Inc)
Limitation on Dividends. The Company shall not declare or pay any dividend or make any distribution on capital stock or other equity securities of any kind of the Company if the Company is not “well capitalized” for regulatory purposes immediately prior before or after giving effect to the declaration of such dividend or distribution, except for Permitted Dividends.
Appears in 1 contract
Samples: Subordinated Note Purchase Agreement (CB Financial Services, Inc.)
Limitation on Dividends. The Company shall not declare or pay any dividend or make any distribution on capital stock or other equity securities of any kind of the Company if the Company is not “well capitalized” for regulatory capital purposes under Section 225.2(r) of Regulation Y immediately prior to the declaration of such dividend or distribution, except for Permitted Dividends.
Appears in 1 contract
Samples: Subordinated Note Purchase Agreement (Summit Financial Group Inc)
Limitation on Dividends. The Company shall not declare or pay any dividend or make any distribution on capital stock or other equity securities of any kind of the Company if the Company is not “well capitalized” for regulatory capital purposes under Section 225.2(r) of Regulation Y immediately prior to the declaration of and after giving effect to such dividend or distribution, except for Permitted Dividendsdividends payable solely in shares of common stock of the Company.
Appears in 1 contract
Samples: Subordinated Note Purchase Agreement (Ameriserv Financial Inc /Pa/)
Limitation on Dividends. The Company shall not declare or pay any dividend or make any distribution on capital stock or other equity securities of any kind of the Company if the Company Bank is not “well capitalized” for regulatory capital purposes immediately prior to the declaration of such dividend or distribution, except for Permitted Dividends.
Appears in 1 contract
Samples: Subordinated Note Purchase Agreement (Pinnacle Bankshares Corp)
