Common use of Limitation on Upstream Dividends by Subsidiaries Clause in Contracts

Limitation on Upstream Dividends by Subsidiaries. The Borrower shall not permit any of its Restricted Subsidiaries to enter into or agree, or otherwise become subject, to any agreement, contract or other arrangement with any Person pursuant to the terms of which (a) such Restricted Subsidiary is or would be prohibited from declaring or paying any cash dividends or distributions on any class of its stock or any partnership interests owned directly or indirectly by the Borrower or from making any other distribution on account of any class of any such stock or any such partnership interests owned directly or indirectly by the Borrower (herein referred to as "Upstream Dividends") or (b) the declaration or payment of Upstream Dividends by a Restricted Subsidiary to the Borrower or to another Restricted Subsidiary of the Borrower, on an annual or cumulative basis, is or would be otherwise limited or restricted.

Limitation on Upstream Dividends by Subsidiaries. The Borrower shall not permit any of its Restricted Subsidiaries Subsidiary (other than XXXX) to enter into or agree, or otherwise become subject, to any agreement, contract or other arrangement with any Person pursuant to the terms of which (a) such Restricted Subsidiary is or would be prohibited from declaring or paying any cash dividends or distributions on any class of its stock or any partnership interests owned directly or indirectly by the Borrower or from making any other distribution on account of any class of any such stock or any such partnership interests owned directly or indirectly by the Borrower (herein referred to as "Upstream Dividends") or (b) the declaration or payment of Upstream Dividends by a Restricted Subsidiary to the Borrower or to another Restricted Subsidiary of the BorrowerSubsidiary, on an annual or cumulative basis, is or would be otherwise limited or restricted.

Limitation on Upstream Dividends by Subsidiaries. The Borrower shall not permit any of its Restricted Subsidiaries Subsidiary (other than CPAC) to enter into or agree, or otherwise become subject, to any agreementxxxeement, contract or other arrangement with any Person pursuant to the terms of which (a) such Restricted Subsidiary is or would be prohibited from declaring or paying any cash dividends or distributions on any class of its stock or any partnership interests owned directly or indirectly by the Borrower or from making any other distribution on account of any class of any such stock or any such partnership interests owned directly or indirectly by the Borrower (herein referred to as "Upstream Dividends") or (b) the declaration or payment of Upstream Dividends by a Restricted Subsidiary to the Borrower or to another Restricted Subsidiary of the BorrowerSubsidiary, on an annual or cumulative basis, is or would be otherwise limited or restricted.