Limitation on Restrictions on Distributions from Restricted Subsidiaries. (a) The Issuer shall not, and shall not permit any Restricted Subsidiary to, create or otherwise cause or permit to exist or become effective any consensual encumbrance or consensual restriction on the ability of any Restricted Subsidiary to: (1) pay dividends or make any other distributions in cash or otherwise on its Capital Stock or pay any Indebtedness or other obligations owed to the Issuer or any Restricted Subsidiary; (2) make any loans or advances to the Issuer or any Restricted Subsidiary; or (3) sell, lease or transfer any of its property or assets to the Issuer or any Restricted Subsidiary; provided that (x) the priority of any Preferred Stock in receiving dividends or liquidating distributions prior to dividends or liquidating distributions being paid on common stock and (y) the subordination of (including the application of any standstill requirements to) loans or advances made to the Issuer or any Restricted Subsidiary to other Indebtedness Incurred by the Issuer or any Restricted Subsidiary shall not be deemed to constitute such an encumbrance or restriction.
Appears in 16 contracts
Samples: Indenture (Restaurant Brands International Inc.), Indenture (Restaurant Brands International Limited Partnership), Indenture (Restaurant Brands International Limited Partnership)
Limitation on Restrictions on Distributions from Restricted Subsidiaries. (a) The Issuer shall not, and shall not permit any Restricted Subsidiary that is not a Guarantor to, create or otherwise cause or permit to exist or become effective any consensual encumbrance or consensual restriction on the ability of any Restricted Subsidiary that is not a Guarantor to:
(1) pay dividends or make any other distributions in cash or otherwise on its Capital Stock or pay any Indebtedness or other obligations owed to the Issuer or any Restricted Subsidiary;
(2) make any loans or advances to the Issuer or any Restricted Subsidiary; or
(3) sell, lease or transfer any of its property or assets to the Issuer or any Restricted Subsidiary; provided that (x) the priority of any Preferred Stock in receiving dividends or liquidating distributions prior to dividends or liquidating distributions being paid on common stock and (y) the subordination of (including the application of any standstill requirements to) loans or advances made to the Issuer or any Restricted Subsidiary that is not a Guarantor to other Indebtedness Incurred by the Issuer or any Restricted Subsidiary that is not a Guarantor shall not be deemed to constitute such an encumbrance or restriction.
Appears in 14 contracts
Samples: Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc)
Limitation on Restrictions on Distributions from Restricted Subsidiaries. (a) The Issuer Company shall not, and shall not permit any Restricted Subsidiary to, create or otherwise cause or permit to exist or become effective any consensual encumbrance or consensual restriction on the ability of any Restricted Subsidiary to:
(1) pay dividends or make any other distributions in cash or otherwise on its Capital Stock or pay any Indebtedness or other obligations owed to the Issuer Company or any Restricted Subsidiary;
(2) make any loans or advances to the Issuer Company or any Restricted Subsidiary; or
(3) sell, lease or transfer any of its property or assets to the Issuer Company or any Restricted Subsidiary; provided that (x) the priority of any Preferred Stock in receiving dividends or liquidating distributions prior to dividends or liquidating distributions being paid on common stock and (y) the subordination of (including the application of any standstill requirements to) loans or advances made to the Issuer Company or any Restricted Subsidiary to other Indebtedness Incurred by the Issuer Company or any Restricted Subsidiary shall not be deemed to constitute such an encumbrance or restriction.
Appears in 3 contracts
Samples: Indenture (Acelity L.P. Inc.), Indenture (Kinetic Concepts Inc), Indenture (Kinetic Concepts Inc)
Limitation on Restrictions on Distributions from Restricted Subsidiaries. (a) The Issuer shall will not, and shall will not permit any Restricted Subsidiary to, create or otherwise cause or permit to exist or become effective any consensual encumbrance or consensual restriction on the ability of any Restricted Subsidiary to:
(1) pay dividends or make any other distributions in cash or otherwise on its Capital Stock or pay any Indebtedness or other obligations owed to the Issuer or any Restricted Subsidiary;
(2) make any loans or advances to the Issuer or any Restricted SubsidiarySubsidiary that is a Guarantor; or
(3) sell, lease or transfer any of its property or assets to the Issuer or any Restricted SubsidiarySubsidiary that is a Guarantor; provided that (x) the priority of any Preferred Stock in receiving dividends or liquidating distributions prior to dividends or liquidating distributions being paid on common stock and (y) the subordination of (including the application of any standstill requirements to) loans or advances made to the Issuer or any Restricted Subsidiary to other Indebtedness Incurred by the Issuer or any Restricted Subsidiary shall not be deemed to constitute such an encumbrance or restriction.
Appears in 3 contracts
Samples: Indenture (Nexstar Media Group, Inc.), Indenture (Nexstar Broadcasting Group Inc), Indenture (Nexstar Broadcasting Group Inc)
Limitation on Restrictions on Distributions from Restricted Subsidiaries. (a) The Issuer Company shall not, and shall not permit any Restricted Subsidiary (other than a Subsidiary Guarantor) to, directly or indirectly, create or otherwise cause or permit to exist or become effective any consensual encumbrance or consensual restriction on the ability of any Restricted Subsidiary (other than a Subsidiary Guarantor) to:
(1) pay dividends or make any other distributions in cash or otherwise on its Capital Stock to the Company or any of its Restricted Subsidiaries, or pay any Indebtedness or other obligations owed to the Issuer Company or any Restricted Subsidiary;
Subsidiary (2) make any loans or advances to the Issuer or any Restricted Subsidiary; or
(3) sell, lease or transfer any of its property or assets to the Issuer or any Restricted Subsidiary; provided it being understood that (x) the priority of any Preferred Stock in receiving dividends or liquidating distributions prior to dividends or liquidating distributions being paid on common stock and Common Stock shall not be deemed a restriction on the ability to make distributions on Capital Stock);
(y2) make any loans or advances to the Company or any Restricted Subsidiary (it being understood that the subordination of (including the application of any standstill requirements to) loans or advances made to the Issuer Company or any Restricted Subsidiary to other Indebtedness Incurred by the Issuer Company or any Restricted Subsidiary shall not be deemed a restriction on the ability to constitute make loans or advances); or
(3) sell, lease or transfer any of its assets or property to the Company or any Restricted Subsidiary (it being understood that such an encumbrance transfers shall not include any type of transfer described in clause (1) or restriction(2) above).
Appears in 2 contracts
Samples: Indenture (Maxar Technologies Inc.), Indenture (Maxar Technologies Inc.)
Limitation on Restrictions on Distributions from Restricted Subsidiaries. (a) The Issuer Companies shall not, and shall not permit any Restricted Subsidiary to, create or otherwise cause or permit to exist or become effective any consensual encumbrance or consensual restriction on the ability of any Restricted Subsidiary to:
(1i) pay dividends or make any other distributions in cash or otherwise on its Capital Stock or pay any Indebtedness or other obligations owed to the Issuer a Company or any Restricted Subsidiary;
(2ii) make any loans or advances to the Issuer a Company or any Restricted Subsidiary; or
(3iii) sell, lease or transfer any of its property or assets to the Issuer a Company or any Restricted Subsidiary; provided that (x) the priority of any Preferred Stock in receiving dividends or liquidating distributions prior to dividends or liquidating distributions being paid on common stock and (y) the subordination of (including the application of any standstill requirements to) loans or advances made to the Issuer a Company or any Restricted Subsidiary to other Indebtedness Incurred by the Issuer a Company or any Restricted Subsidiary shall not be deemed to constitute such an encumbrance or restriction.
Appears in 2 contracts
Samples: Indenture (Yum Brands Inc), Indenture (Yum Brands Inc)
Limitation on Restrictions on Distributions from Restricted Subsidiaries. (a) The Issuer Company shall not, and shall not permit any Restricted Subsidiary to, to create or otherwise cause or permit to exist or become effective any consensual encumbrance or consensual restriction on the ability of any Restricted Subsidiary to:
(1) pay dividends or make any other distributions in cash or otherwise on its Capital Stock or pay any Indebtedness or other obligations owed to the Issuer Company or any Restricted Subsidiary;
(2) make any loans or advances to the Issuer Company or any Restricted Subsidiary; or
(3) sell, lease or transfer any of its property or assets to the Issuer Company or any Restricted Subsidiary; provided that (x) the priority of any Preferred Stock in receiving dividends or liquidating distributions prior to dividends or liquidating distributions being paid on common stock and (y) the subordination of (including the application of any standstill requirements to) loans or advances made to the Issuer Company or any Restricted Subsidiary to other Indebtedness Incurred by the Issuer Company or any Restricted Subsidiary shall not be deemed to constitute such an encumbrance or restriction.
Appears in 2 contracts
Samples: Indenture (Ladder Capital Finance Corp), Indenture (Ladder Capital Corp)
Limitation on Restrictions on Distributions from Restricted Subsidiaries. (a) The Issuer shall will not, and shall will not permit any Restricted Subsidiary to, create or otherwise cause or permit to exist or become effective any consensual encumbrance or consensual restriction on the ability of any such Restricted Subsidiary to:
(1) pay dividends or make any other distributions to the Issuer or any of its Restricted Subsidiaries in cash or otherwise on its Capital Stock or pay any Indebtedness or other obligations owed to the Issuer or any of its Restricted SubsidiarySubsidiaries;
(2) make any loans or advances to the Issuer or any of its Restricted SubsidiarySubsidiaries; or
(3) sell, lease or transfer any of its property or assets to the Issuer or any of its Restricted SubsidiarySubsidiaries; provided that (x) the priority of any Preferred Stock in receiving dividends or liquidating distributions prior to dividends or liquidating distributions being paid on common stock and (y) the subordination of (including the application of any standstill requirements to) loans or advances made to the Issuer or any of its Restricted Subsidiary Subsidiaries to other Indebtedness Incurred by the Issuer or any of its Restricted Subsidiary Subsidiaries shall not be deemed to constitute such an encumbrance or restriction.
Appears in 2 contracts
Samples: Indenture (Surgery Partners, Inc.), Indenture (Surgery Partners, Inc.)
Limitation on Restrictions on Distributions from Restricted Subsidiaries. (a) The Issuer Company shall not, and shall not permit any of its Restricted Subsidiary Subsidiaries to, create or otherwise cause or permit to exist or become effective any consensual encumbrance or consensual restriction on the ability of any of its Restricted Subsidiary Subsidiaries to:
(1) pay dividends or make any other distributions in cash or otherwise on its Capital Stock or pay any Indebtedness or other obligations owed to the Issuer Company or any of its Restricted SubsidiarySubsidiaries;
(2) make any loans or advances to the Issuer Company or any Restricted Subsidiary; or
(3) sell, lease or transfer any of its property or assets to the Issuer Company or any Restricted Subsidiary; provided that (x) the priority of any Preferred Stock in receiving dividends or liquidating distributions prior to dividends or liquidating distributions being paid on common stock or other common equity interests and (y) the subordination of (including the application of any standstill requirements to) loans or advances made to the Issuer Company or any Restricted Subsidiary to other Indebtedness Incurred by the Issuer Company or any Restricted Subsidiary shall not be deemed to constitute such an encumbrance or restriction.
Appears in 1 contract
Samples: Indenture (Styron Canada ULC)
Limitation on Restrictions on Distributions from Restricted Subsidiaries. (a) The Issuer shall will not, and shall will not permit any Restricted Subsidiary to, create or otherwise cause or permit to exist or become effective any consensual encumbrance or consensual restriction on the ability of any Restricted Subsidiary to:
(1) pay dividends or make any other distributions in cash or otherwise on its Capital Stock or pay any Indebtedness or other obligations owed to the Issuer or any Restricted Subsidiary;
Subsidiary (2) make any loans or advances to the Issuer or any Restricted Subsidiary; or
(3) sell, lease or transfer any of its property or assets to the Issuer or any Restricted Subsidiary; provided it being understood that (x) the priority of any Preferred Stock in receiving dividends or liquidating distributions prior to dividends or liquidating distributions being paid on common stock and Common Stock shall not be deemed a restriction on the ability to make distributions on Capital Stock);
(y2) make any loans or advances to the Issuer or any Restricted Subsidiary (it being understood that the subordination of (including the application of any standstill requirements to) loans or advances made to the Issuer or any Restricted Subsidiary to other Indebtedness Incurred by the Issuer or any Restricted Subsidiary shall not be deemed a restriction on the ability to constitute such an encumbrance make loans or restriction.advances); or
(3) sell, lease or transfer any of its property or assets to the Issuer or any Restricted Subsidiary. The preceding provisions will not prohibit:
Appears in 1 contract
Samples: Second Supplemental Indenture (Rosetta Resources Inc.)
Limitation on Restrictions on Distributions from Restricted Subsidiaries. (a) The Issuer Company shall not, and shall not permit any Restricted Subsidiary to, create or otherwise cause or permit to exist or become effective any consensual encumbrance or consensual restriction on the ability of any Restricted Subsidiary to:
to (1a) pay dividends or make any other distributions in cash or otherwise on its Capital Stock to the Company or a Restricted Subsidiary or pay any Indebtedness or other obligations owed to the Issuer or any Restricted Subsidiary;
Company (2) make any loans or advances to the Issuer or any Restricted Subsidiary; or
(3) sell, lease or transfer any of its property or assets to the Issuer or any Restricted Subsidiary; provided it being understood that (x) the priority of any Preferred Stock in receiving dividends or liquidating distributions prior to dividends or liquidating distributions being paid on common stock and Capital Stock shall not be deemed a restriction on the ability to make distributions on Capital Stock), (yb) make any loans or advances to the Company or any Restricted Subsidiary (it being understood that the subordination of (including the application of any standstill requirements to) loans or advances made to the Issuer Company or any Restricted Subsidiary to other Indebtedness Incurred by the Issuer Company or any Restricted Subsidiary shall not be deemed a restriction on the ability to constitute such an encumbrance make loans or restriction.advances) or (c) transfer any of its property or assets to the Company or any Restricted Subsidiary, except:
Appears in 1 contract
Samples: Indenture (Petroquest Energy Inc)
Limitation on Restrictions on Distributions from Restricted Subsidiaries. (a) The Issuer shall Company will not, and shall will not permit any Restricted Subsidiary to, (other than an Excluded Restricted Subsidiary) to create or otherwise cause or permit to exist or become effective any consensual encumbrance or consensual restriction on the ability of any Restricted Subsidiary to:
(1) pay dividends or make any other distributions in cash or otherwise on its Capital Stock or pay any Indebtedness or other obligations owed to the Issuer Company or any Restricted Subsidiary;
(2) make any loans or advances to the Issuer Company or any Restricted Subsidiary; or
(3) sell, lease or transfer any of its property or assets to the Issuer Company or any Restricted Subsidiary; provided that (x) the priority of any Preferred Stock in receiving dividends or liquidating distributions prior to dividends or liquidating distributions being paid on common stock and (y) the subordination of (including the application of any standstill requirements to) loans or advances made to the Issuer Company or any Restricted Subsidiary to other Indebtedness Incurred by the Issuer Company or any Restricted Subsidiary shall not be deemed to constitute such an encumbrance or restriction.
Appears in 1 contract
Samples: Indenture (American Capital, LTD)
Limitation on Restrictions on Distributions from Restricted Subsidiaries. (a) The From and after the Acquisition Effective Date, the Issuer shall will not, and shall will not permit any Restricted Subsidiary to, create or otherwise cause or permit to exist or become effective any consensual encumbrance or consensual restriction on the ability of any such Restricted Subsidiary to:
(1) pay dividends or make any other distributions to the Issuer or any of its Restricted Subsidiaries in cash or otherwise on its Capital Stock or pay any Indebtedness or other obligations owed to the Issuer or any of its Restricted SubsidiarySubsidiaries;
(2) make any loans or advances to the Issuer or any of its Restricted SubsidiarySubsidiaries; or
(3) sell, lease or transfer any of its property or assets to the Issuer or any of its Restricted SubsidiarySubsidiaries; provided that (x) the priority of any Preferred Stock in receiving dividends or liquidating distributions prior to dividends or liquidating distributions being paid on common stock and (y) the subordination of (including the application of any standstill requirements to) loans or advances made to the Issuer or any of its Restricted Subsidiary Subsidiaries to other Indebtedness Incurred by the Issuer or any of its Restricted Subsidiary Subsidiaries shall not be deemed to constitute such an encumbrance or restriction.
Appears in 1 contract
Samples: Indenture (Surgery Partners, Inc.)
Limitation on Restrictions on Distributions from Restricted Subsidiaries. (a) The Issuer shall will not, and shall will not permit any of its Restricted Subsidiary Subsidiaries to, create or otherwise cause or permit to exist or become effective any consensual encumbrance or consensual restriction on the ability of any Restricted Subsidiary to:
(1) pay dividends or make any other distributions in cash or otherwise on its Capital Stock to the Issuer or any Restricted Subsidiary or pay any Indebtedness or other obligations owed to the Issuer or any Restricted Subsidiary;
(2) make any loans or advances to the Issuer or any Restricted Subsidiary; or
(3) sell, lease or transfer any of its property or assets to the Issuer or any Restricted Subsidiary; , provided that (x) the priority of any Preferred Stock in receiving dividends or liquidating distributions prior to dividends or liquidating distributions being paid on common stock and (y) the subordination of (including the application of any standstill requirements to) loans or advances made to the Issuer or any Restricted Subsidiary to other Indebtedness Incurred by the Issuer or any Restricted Subsidiary Subsidiary, or any prohibition on securing such loans or advances made to the Issuer or any Restricted Subsidiary, shall not be deemed to constitute such an encumbrance or restriction.
(b) Section 4.07(a) will not prohibit:
Appears in 1 contract
Samples: Indenture (Altice USA, Inc.)
Limitation on Restrictions on Distributions from Restricted Subsidiaries. (a) The Issuer Holdings shall not, and shall not permit any of its Restricted Subsidiary Subsidiaries to, create or otherwise cause or permit to exist or become effective any consensual encumbrance or consensual restriction on the ability of any Restricted Subsidiary to:
(1) pay dividends or make any other distributions in cash or otherwise on its Capital Stock or pay any Indebtedness or other obligations owed to the Issuer Holdings or any Restricted Subsidiary;
(2) make any loans or advances to the Issuer Holdings or any Restricted Subsidiary; or
(3) sell, lease or transfer any of its property or assets to the Issuer Holdings or any Restricted Subsidiary; provided that (x) the priority of any Preferred Stock in receiving dividends or liquidating distributions prior to dividends or liquidating distributions being paid on common stock and (y) the subordination of (including the application of any standstill requirements to) loans or advances made to the Issuer Holdings or any Restricted Subsidiary to other Indebtedness Incurred by the Issuer Holdings or any Restricted Subsidiary shall not be deemed to constitute such an encumbrance or restriction.
Appears in 1 contract
Samples: Indenture (Greatbatch, Inc.)
Limitation on Restrictions on Distributions from Restricted Subsidiaries. (a) The Issuer shall will not, and shall will not permit any Restricted Subsidiary Non-Guarantor to, create or otherwise cause or permit to exist or become effective any consensual encumbrance or consensual restriction on the ability of any Restricted Subsidiary such Non-Guarantor to:
(1) pay dividends or make any other distributions to the Issuer or any Restricted Subsidiary that is a Guarantor in cash or otherwise on its Capital Stock or pay any Indebtedness or other obligations owed to the Issuer or any Restricted SubsidiarySubsidiary that is a Guarantor;
(2) make any loans or advances to the Issuer or any Restricted SubsidiarySubsidiary that is a Guarantor; or
(3) sell, lease or transfer any of its property or assets to the Issuer or any Restricted SubsidiarySubsidiary that is a Guarantor; provided that (x) the priority of any Preferred Stock in receiving dividends or liquidating distributions prior to dividends or liquidating distributions being paid on common stock and (y) the subordination of (including the application of any standstill requirements to) loans or advances made to the Issuer or any Restricted Subsidiary that is a Guarantor to other Indebtedness Incurred by the Issuer or any Restricted Subsidiary that is a Guarantor shall not be deemed to constitute such an encumbrance or restriction.
Appears in 1 contract
Samples: Indenture (Blue Coat, Inc.)
Limitation on Restrictions on Distributions from Restricted Subsidiaries. (a) The Issuer shall will not, and shall will not permit any Restricted Subsidiary to, create or otherwise cause or permit to exist or become effective any consensual encumbrance or consensual restriction on the ability of any Restricted Subsidiary to::
(1i) pay dividends or make any other distributions in cash or otherwise on its Capital Stock or pay any Indebtedness or other obligations owed to the Issuer or any other Restricted Subsidiary;, or with respect to any other interest or participation in, or measured by, its profits;
(2ii) make any loans or advances to the Issuer or any other Restricted Subsidiary; oror
(3iii) sell, lease or transfer any of its property or assets to the Issuer or any other Restricted Subsidiary; , provided that (x) the priority of any Preferred Stock in receiving dividends or liquidating distributions prior to dividends or liquidating distributions being paid on common stock and (y) the subordination of (including the application of any standstill requirements to) loans or advances made to the Issuer Parent or any Restricted Subsidiary to other Indebtedness Incurred by the Issuer Parent or any Restricted Subsidiary shall not be deemed to constitute such an encumbrance or restriction..
(b) The provisions of Section 4.04(a) will not prohibit:
(i) any encumbrance or restriction pursuant to (a) any Credit Facility,
Appears in 1 contract
Samples: Indenture (Ferroglobe PLC)
Limitation on Restrictions on Distributions from Restricted Subsidiaries. (a) The Issuer Company shall not, and shall not permit any Restricted Subsidiary to, create or otherwise cause or permit to exist or become effective any consensual encumbrance or consensual restriction on the ability of any Restricted Subsidiary to:
(1) pay dividends or make any other distributions in cash or otherwise on its Capital Stock or pay any Indebtedness or other obligations owed to the Issuer or any Restricted Subsidiary;
(2) make any loans or advances to the Issuer or any Restricted Subsidiary; or
or (3) sell, lease or transfer any of its property or assets to the Issuer or any Restricted Subsidiary; provided that (x) the priority of any Preferred Stock in receiving dividends or liquidating distributions prior to dividends or liquidating distributions being paid on common stock and (y) the subordination of (including the application of any standstill requirements to) loans or advances made to the Issuer or any Restricted Subsidiary to other Indebtedness Incurred incurred by the Issuer or any Restricted Subsidiary shall not be deemed to constitute such an encumbrance or restriction.
(b) The provisions of Section 3.4(a) shall not prohibit:
(1) any encumbrance or restriction pursuant to any Credit Facility or any other agreement or instrument, in each case, in effect at or entered into on the Issue Date;
(2) any encumbrance or restriction pursuant to the Note Documents; (3) any encumbrance or restriction pursuant to applicable law, rule, regulation or order;
Appears in 1 contract
Limitation on Restrictions on Distributions from Restricted Subsidiaries. (a) The Issuer Company shall not, and shall not permit any Restricted Subsidiary to, create or otherwise cause or permit to exist or become effective any consensual encumbrance or consensual restriction on the ability of any Restricted Subsidiary to:
: (1) pay dividends or make any other distributions in cash or otherwise on its Capital Stock or pay any Indebtedness or other obligations owed to the Issuer Company or any Restricted Subsidiary;
; (2) make any loans or advances to the Issuer Company or any Restricted Subsidiary; or
or (3) sell, lease or transfer any of its property or assets to the Issuer Company or any Restricted Subsidiary; provided that (x) the priority of any Preferred Stock in receiving dividends or liquidating distributions prior to dividends or liquidating distributions being paid on common stock and (y) the subordination of (including the application of any standstill requirements to) loans or advances made to the Issuer Company or any Restricted Subsidiary to other Indebtedness Incurred by the Issuer Company or any Restricted Subsidiary shall not be deemed to constitute such an encumbrance or restriction.
Appears in 1 contract
Samples: Indenture (Restaurant Brands International Limited Partnership)
Limitation on Restrictions on Distributions from Restricted Subsidiaries. (a) The Issuer shall Company will not, and shall will not permit any of its Restricted Subsidiary Subsidiaries to, create or otherwise cause or permit to exist or become effective any consensual encumbrance or consensual restriction on the ability of any of its Restricted Subsidiary Subsidiaries to:
(1) pay dividends or make any other distributions in cash or otherwise on its Capital Stock or pay any Indebtedness or other obligations owed to the Issuer Company or any of its Restricted SubsidiarySubsidiaries;
(2) make any loans or advances to the Issuer Company or any Restricted Subsidiary; or
(3) sell, lease or transfer any of its property or assets to the Issuer Company or any Restricted Subsidiary; provided that (x) the priority of any Preferred Stock in receiving dividends or liquidating distributions prior to dividends or liquidating distributions being paid on common stock or other common equity interests and (y) the subordination of (including the application of any standstill requirements to) loans loans, advances or advances any other obligation made to the Issuer Company or any Restricted Subsidiary to other Indebtedness Incurred by the Issuer Company or any Restricted Subsidiary shall not be deemed to constitute such an encumbrance or restriction.
Appears in 1 contract
Samples: Indenture (Trinseo S.A.)
Limitation on Restrictions on Distributions from Restricted Subsidiaries. (a) 4.1 The Issuer shall Parent will not, and shall will not permit any Restricted Subsidiary to, create or otherwise cause or permit to exist or become effective any consensual encumbrance or consensual restriction on the ability of any Restricted Subsidiary to:
(1a) pay dividends or make any other distributions in cash or otherwise on its Capital Stock or pay any Indebtedness or other obligations owed to the Issuer Parent or any Restricted Subsidiary;
(2b) make any loans or advances to the Issuer Parent or any Restricted Subsidiary; or
(3c) sell, lease or transfer any of its property or assets to the Issuer Parent or any Restricted Subsidiary; provided that (x) the priority of any Preferred Stock in receiving dividends or liquidating distributions prior to dividends or liquidating distributions being paid on common stock or other common equity interests and (y) the subordination of (including the application of any standstill requirements to) loans or advances made to the Issuer Parent or any Restricted Subsidiary to other Indebtedness Incurred by the Issuer Parent or any Restricted Subsidiary shall not be deemed to constitute such an encumbrance or restriction.
4.2 Paragraph
Appears in 1 contract
Samples: Super Senior Revolving Credit Facilities Agreement (Atento S.A.)