Common use of Limitations on Dividends and Distributions Clause in Contracts

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stock, or make any change in its capital structure; provided that: (a) the Borrower or any Subsidiary may pay dividends in shares of its own Capital Stock; and (b) any Subsidiary may pay cash dividends to the Borrower.

Appears in 3 contracts

Samples: Credit Agreement (Lmi Aerospace Inc), Credit Agreement (Lmi Aerospace Inc), Credit Agreement (Lmi Aerospace Inc)

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Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stockcapital stock, or make any change in its capital structurestructure that could reasonably be expected to have a Material Adverse Effect; provided that: (a) the Borrower or any Subsidiary may pay dividends in shares of its own Capital Stockcapital stock; and (b) any Subsidiary may pay cash dividends to the Borrower.

Appears in 2 contracts

Samples: Credit Agreement (Corrections Corporation of America), Credit Agreement (Performance Food Group Co)

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stockcapital stock, or make any change in its capital structurestructure that could reasonably be expected to have a Material Adverse Effect; provided that: (a) the Borrower or any Subsidiary may pay dividends in shares of its own Capital Stockcapital stock; and (b) any Subsidiary may pay cash dividends or make distributions to the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Mindspring Enterprises Inc)

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stock, or make any change in its capital structure; provided that: (a) the Borrower or any Subsidiary may pay dividends in shares of its own Capital Stock; and (b) any Subsidiary may pay cash dividends to the Borrowerstructure except as otherwise permitted hereunder.

Appears in 1 contract

Samples: Credit Agreement (Broadview Networks Holdings Inc)

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stockcapital stock, or make any change in its capital structure; provided that: (a) 10.7.1 the Borrower Borrowers or any Subsidiary may pay dividends in shares of its own Capital Stockcapital stock; and (b) 10.7.2 any Subsidiary may pay cash dividends to the BorrowerBorrowers.

Appears in 1 contract

Samples: Credit Agreement (Imagemax Inc)

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stock, capital stock; or make any change in its capital structurestructure that could reasonably be expected to have a Material Adverse Effect; provided that: (a) the Borrower or that any Subsidiary may pay dividends in shares of its own Capital Stock; and (b) any Subsidiary Borrower may pay cash dividends or make any other cash distribution to the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Medical Manager Corp)

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stock, capital stock; or make any change in its capital structurestructure that could reasonably be expected to have a Material Adverse Effect; provided that: that (a) the Borrower or any Subsidiary may pay dividends solely in shares of its own Capital Stock; and capital stock and (b) any Subsidiary of the Borrower may pay cash dividends to the Borroweror make any other cash distribution thereto.

Appears in 1 contract

Samples: Credit Agreement (Healthplan Services Corp)

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stock, or ; make any distribution of cash, property or assets among the holders of shares of its Capital Stock, or make any change in its capital structurestructure except as otherwise permitted hereunder; provided that: (a) the Borrower Parent or any Subsidiary may pay dividends in shares of its own Qualified Capital Stock; and (b) any Subsidiary may pay cash dividends to the any Borrower.

Appears in 1 contract

Samples: Loan Agreement (Towerstream Corp)

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Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stock, or make any change in its capital structure; provided that: (athat:(a) the Borrower or any Subsidiary (other than DG III and any of its Subsidiaries) may pay dividends payable solely in shares of its own Capital Stock; and (b) any Subsidiary may pay cash dividends to the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Digital Generation Systems Inc)

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stockcapital stock, or make any change in its capital structure; provided that: (a) the Borrower Borrowers or any Subsidiary may pay dividends in shares of its own Capital Stockcapital stock; and (b) any Subsidiary may pay cash dividends to the BorrowerBorrowers.

Appears in 1 contract

Samples: Credit Agreement (Vermont Pure Holdings LTD)

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stockcapital stock, or make any change in its capital structure; provided that: (a) the Borrower or any Subsidiary may pay dividends and distributions in shares of its own Capital Stockcapital stock; and (b) any Subsidiary may pay cash dividends and distributions to the Borrower or any Subsidiary of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Gt Interactive Software Corp)

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stockcapital stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stockcapital stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stockcapital stock, or make any change in its capital structurestructure that could reasonably be expected to have a Material Adverse Effect; provided that: (a) provided, that the Borrower or any Subsidiary may pay dividends in shares of its own Capital Stock; and (b) any Subsidiary may pay cash dividends to the Borrowercapital stock.

Appears in 1 contract

Samples: Credit Agreement (Medcath Inc)

Limitations on Dividends and Distributions. Declare or pay any dividends upon any of its Capital Stock; purchase, redeem, retire or otherwise acquire, directly or indirectly, any shares of its Capital Stock, or make any distribution of cash, property or assets among the holders of shares of its Capital Stock, or make any change in its capital structurestructure which such change in its capital structure would reasonably be expected to have a Material Adverse Effect; provided that: (a) the Borrower or any Subsidiary may pay dividends in shares of its own Capital Stock; and (b) any Subsidiary may pay cash dividends to the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Blackbaud Inc)

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