Limitations on Dividends. If at any time the Corporation shall have declared a dividend on the Series A-1 Preferred Stock and failed to pay or set aside consideration sufficient to pay such dividend, or if the Corporation declares a cash dividend on the shares of Common Stock and fails to pay or set aside the Participating Dividend required to be paid to the holders of the Series A-1 Preferred Stock, then (i) the Corporation shall not declare or pay any dividend on or make any distribution with respect to any Parity Stock or Junior Stock or set aside any money or assets for any such purpose until such dividend payable to the holders of Series A-1 Preferred Stock has been paid or consideration sufficient to pay such dividend has been set aside for such purpose, and (ii) neither the Corporation nor any Subsidiary thereof shall redeem, exchange, purchase or otherwise acquire any shares of Series A-1 Preferred Stock, Parity Stock or Junior Stock, or set aside any money or assets for any such purpose, a sinking fund or otherwise, unless all then outstanding shares of any class or series of Parity Stock that by the terms of the instrument creating or evidencing such Parity Stock is required to be redeemed under such circumstances are redeemed or exchanged pursuant to the terms hereof and thereof. Neither the Corporation nor any Subsidiary thereof shall redeem, exchange, purchase or otherwise acquire any Parity Stock or Junior Stock, or set aside any money or assets for any such purpose, if after giving effect to such redemption, exchange, purchase or other acquisition, the amount (as determined by the Board of Directors in good faith) that would be available for distribution to the holders of the Series A-1 Preferred Stock upon liquidation, dissolution or winding up of the Corporation if such liquidation, dissolution or winding up were to occur on the date fixed for such redemption, exchange, purchase or other acquisition of such Parity Stock or Junior Stock would be less than the aggregate Liquidation Preference as of such date of all shares of Series A-1 Preferred Stock then outstanding. Nothing contained in this Section 4 shall prevent (i) except with respect to the requirement to pay Participating Dividends to the holders of shares of Series A-1 Preferred Stock as set forth in the first paragraph of this Section 4, the payment of dividends on any Junior Stock solely in shares of Junior Stock or the redemption, purchase or other acquisition of Junior Stock solely in exchange for (toge...
Limitations on Dividends. The Company will not declare or pay, or set apart any funds for the payment of, any dividends (other than dividends payable in common stock of the Company) on any shares of capital stock of any class of the Company, or apply any of its funds, property or assets to, or set apart any funds, property or assets for, the purchase, redemption or other retirement of, or make any other distribution, by reduction of capital or otherwise, in respect of, any shares of capital stock of any class of the Company, unless, immediately after giving effect to such action (a) no Default or Event of Default would exist (including, without limitation, under Section 10.1(b) hereof), and (b) the sum of
Limitations on Dividends. 29 Section 10.7. Limitations on Dispositions of Stock or Indebtedness of Restricted Subsidiaries.......30 Section 10.8. Limitations on Mergers, Consolidations and Sales of Assets............................30 Section 10.9. Limitations on Sale-and-Leasebacks....................................................31 Section 10.10. Limitations on Rentals................................................................32 Section 10.11. Transactions with Affiliates..........................................................32 Section 11. Events of Default.....................................................................32 Section 12. Remedies On Default, Etc..............................................................34
Limitations on Dividends. Section 4.15 of the Indenture provides that the Company shall not declare or pay any dividend or any other distribution on Capital Stock of the Company or any payment made to the direct or indirect holders (in their capacities as such) of Capital Stock of the Company (other than dividends or distributions payable solely in Capital Stock (other than Disqualified Stock) in options, warrants or other rights to purchase Capital Stock (other than Disqualified Stock)) at any time that any Debt Securities are outstanding.
Limitations on Dividends. Section 4.15 of the Indenture provides that the Company shall not declare or pay any dividend or any other distribution on Capital Stock of the Company or any payment made to direct or indirect holders (in their capacities as such) of Capital Stock of the Company (other than dividends or distributions payable solely in Capital Stock (other than Disqualified Stock) in options, warrants or other rights to purchase Capital Stock (other than Disqualified Stock)) (a) at any time, if any 5-Year Notes are outstanding, and (ii) thereafter at any time that the Company's ratio of Indebtedness, as of the date of the Company's most recent quarterly balance sheet, to EBITDA for the four quarters immediately preceding such balance sheet date is greater than 4.5 to 1; provided that the aggregate amount of dividends declared or paid in any calendar year shall not exceed the aggregate principal amount of 10-Year Notes redeemed or repurchased in that calendar year.
Limitations on Dividends. Section 6.7 of the Note Purchase Agreement is hereby amended by adding thereto the following clause (iv):
Limitations on Dividends. So long as any of the Securities are Outstanding, the Company will not declare or pay or set apart any funds for the payment of dividends on, or make any other distribution in respect of, or make or permit any Subsidiary or Affiliate of the Company to make any payment on account of the purchase, redemption or other acquisition or retirement of, any shares of the Company's capital stock (other than dividends or distributions payable solely in shares of its capital stock) if (at the time of such action and after giving effect, as if paid, to the proposed dividend, distribution or payment): (a) the declaration or payment of such dividend would be in violation of applicable federal or state banking laws and regulations, (b) Fidelity Federal Bank, A Federal Savings Bank, or the Company would fail to be in compliance with applicable regulatory capital requirements or (c) an Event of Default or an event which, after notice or lapse of time or both, would become an Event of Default shall have occurred and be continuing.
Limitations on Dividends. (a) Despite anything in this clause 3, the Shareholders do not intend to procure that AofA declares and pays (and must procure that AofA does not declare or pay) any Dividend to the extent (and only to the extent) that:
Limitations on Dividends. Notwithstanding any provision to the contrary contained in this Agreement, the Company shall not make a distribution to any Shareholder on account of its Shares if such dividend would violate the IBCL or other applicable law or any of the terms of any agreements in respect of the Company.
Limitations on Dividends. 45 SECTION 1009. Restrictions on Additional Indebtedness.................................. 46
