Common use of Limitation on Transactions Clause in Contracts

Limitation on Transactions. So long as any of the Preferred Securities remain outstanding, if any of the circumstances described in Section 5.6 of the Indenture shall have occurred, then (a) the Guarantor shall not declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (i) dividends or distributions in common stock of the Guarantor or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, and (ii) purchases of common stock of the Guarantor related to the rights under any of the Guarantor's benefit plans for its directors, officers or employees of), (b) the Guarantor shall not make any payment of principal or interest on or repay, repurchase or redeem any debt securities issued by the Guarantor which rank pari passu with or junior to the Debentures other than payments under this Preferred Securities Guarantee and (c) the Guarantor shall not redeem, purchase or acquire less than all of the Outstanding Debentures or any of the Preferred Securities.

Limitation on Transactions. So long as any of the Preferred Securities remain outstanding, if any of the circumstances described in Section 5.6 of the Indenture there shall have occurredoccurred an Event of Default under this Preferred Securities Guarantee, an Event of Default under the Trust Agreement or during an Extended Interest Payment Period (as defined in the Indenture), then (a) the Guarantor shall not declare or pay any dividend dividends or distributions on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (i) dividends or distributions in common stock of the Guarantor or any declaration of a non-cash dividend in connection with the implementation of a shareholder shareholders' rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, and (ii) purchases of common stock of the Guarantor related to the rights under any of the Guarantor's benefit plans for its directors, officers or employees ofemployees), (b) the Guarantor shall not make any payment of principal or interest on or repay, repurchase or redeem any debt securities issued by the Guarantor which rank pari passu with or junior to the Debentures other than payments under this Preferred Securities Guarantee and (c) the Guarantor shall not redeem, purchase or acquire less than all of the Outstanding Debentures or any of the Preferred Securities.

Limitation on Transactions. So long as any of the Preferred Securities remain outstanding, if any of the circumstances described in Section 5.6 of the Indenture shall have occurred, then If (a) the Guarantor Company shall exercise its right to defer payment of interest as provided in Section 18.1; or (b) there shall have occurred any Event of Default, then (i) the Company shall not declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (iA) dividends or distributions in common stock of the Guarantor Company, or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, and (iiB) purchases of common stock of the Guarantor Company related to the rights under any of the GuarantorCompany's benefit plans for its directors, officers or employees ofemployees), ; (bii) the Guarantor Company shall not make any payment of principal of (and premium, if any) or interest on or repay, repurchase or redeem any debt securities issued by the Guarantor Company which rank pari passu with or junior in interest to the Debentures other than payments Debt Securities of a series issued under this Indenture; provided, however, that notwithstanding the foregoing the Company may make payments pursuant to its obligations under the applicable Preferred Securities Guarantee Guarantee; and (ciii) the Guarantor Company shall not redeem, purchase or acquire less than all of the Outstanding Debentures or any Debt Securities of the Preferred Securitiessuch series.

Limitation on Transactions. So long as any of the Preferred Securities remain outstanding, if any of the circumstances described in Section 5.6 of the Indenture shall have occurred, then If (a) the Guarantor Company shall exercise its right to defer payment of interest as provided in Section 18.1; or (b) there shall have occurred any Event of Default, then (i) the Company shall not declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (iA) dividends or distributions in common stock of the Guarantor Company, or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, and (iiB) purchases of common stock of the Guarantor Company related to the rights under any of the GuarantorCompany's benefit plans for its directors, officers or employees ofemployees), ; (bii) the Guarantor Company shall not make any payment of principal of (and premium, if any) or interest on or repay, repurchase or redeem any debt securities issued by the Guarantor Company which rank pari passu with or junior in interest to the Debentures other than payments Debt Securities of a series issued under this Indenture; Preferred Securities Guarantee Guarantee; and (ciii) the Guarantor Company shall not redeem, purchase or acquire less than all of the Outstanding Debentures or any Debt Securities of the Preferred Securitiessuch series.

Limitation on Transactions. So long as any of the Preferred Securities remain outstanding, if any of the circumstances described in Section 5.6 of the Indenture shall have occurred, then If (a) the Guarantor Company shall exercise its right to defer payment of interest as provided in Section 17.1; or (b) there shall have occurred any Event of Default, then (i) the Company shall not declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (iA) dividends or distributions in common stock of the Guarantor Company, or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, and (iiB) purchases of common stock of the Guarantor Company related to the rights under any of the GuarantorCompany's benefit plans for its directors, officers or employees ofemployees), ; (bii) the Guarantor Company shall not make any payment of principal of (and premium, if any) or interest on or repay, repurchase or redeem any debt securities issued by the Guarantor Company which rank pari passu with or junior in interest to the Debentures other than payments Debt Securities of a series issued under this Preferred Securities Guarantee Indenture; and (ciii) the Guarantor Company shall not redeem, purchase or acquire less than all of the Outstanding Debentures or any Debt Securities of the Preferred Securitiessuch series.

Limitation on Transactions. So long as any of the Preferred Securities remain outstanding, if any of the circumstances described in Section 5.6 12.10 of the Indenture shall have occurred, then (a) the Guarantor shall not declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (i) dividends or distributions in common stock of the Guarantor Guarantor, or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, and (ii) purchases of common stock of the Guarantor related to the rights under any of the Guarantor's benefit plans for its directors, officers or employees ofemployees), (b) the Guarantor shall not make any payment of principal (and premium, if any) or interest on or repay, repurchase or redeem any debt securities (including guarantees) issued by the Guarantor which rank pari passu with or junior in interest to the Debentures Debt Securities other than payments under this Preferred Securities Guarantee and (c) the Guarantor shall not redeem, purchase or acquire less than all of the Outstanding Debentures Debt Securities or any of the Preferred Securities.

Limitation on Transactions. So long If (i) the Company shall exercise its right to defer payment of interest as any of the Preferred Securities remain outstanding, if any of the circumstances described provided in Section 5.6 of the Indenture 4.1 or (ii) there shall have occurredoccurred any Event of Default, then (a) the Guarantor Company shall not declare or pay any dividend on, make any dividends or distributions with respect to, on or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (i) dividends or distributions in common stock of the Guarantor Company, or any declaration of a non-cash dividend in connection with the implementation of a shareholder shareholders' rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, and (ii) purchases of common stock of the Guarantor Company related to the rights under any of the GuarantorCompany's benefit plans for its directors, officers or employees ofemployees), ; (b) the Guarantor Company shall not make any payment of principal principal, interest or interest premium, if any, on or repay, repurchase or redeem any debt securities issued by the Guarantor Company which rank pari passu with or junior in interest to the Debentures other than Debentures; provided, however, that notwithstanding the foregoing the Company may make payments pursuant to its obligations under this the Preferred Securities Guarantee Guarantee; and (c) the Guarantor Company shall not redeem, purchase or acquire less than all of the Outstanding outstanding Debentures or any of the Preferred Securities.

Limitation on Transactions. So long as any of the Preferred Securities remain outstanding, if any of the circumstances described in Section 5.6 of the Indenture shall have occurred, then (a) the Guarantor shall not declare or pay any dividend on, make any distributions with respect to, or redeem, purchase, acquire or make a liquidation payment with respect to, any of its capital stock (other than (i) dividends or distributions in common stock of the Guarantor or any declaration of a non-cash dividend in connection with the implementation of a shareholder rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto, and (ii) purchases of common stock of the Guarantor related to the rights under any of the Guarantor's benefit plans for its directors, officers or employees ofemployees, (iii) as a result of a reclassification of its capital stock, or (iv) dividends or distributions made by a subsidiary of the Guarantor, provided that such dividends or distributions are necessary in order for such subsidiary to qualify as a "real estate investment trust" under Sections 856 and 857 of the Code), and (b) the Guarantor shall not make any payment of principal or interest on or repay, repurchase or redeem any debt securities issued by the Guarantor which rank pari passu with or junior to the Debentures other than payments under this Preferred Securities Guarantee and (c) the Guarantor shall not redeem, purchase or acquire less than all of the Outstanding Debentures or any of the Preferred SecuritiesGuarantee.