No Restrictions on Subsidiary Distributions to Borrower or Other Subsidiaries. Borrower will not, and will not permit any of its Subsidiaries to, create or otherwise cause or suffer to exist or become effective any consensual encumbrance or restriction of any kind on the ability of any such Subsidiary to (i) pay dividends or make any other distributions on any of such Subsidiary's Capital Stock owned by Borrower or any other Subsidiary of Borrower, (ii) repay or prepay any Indebtedness owed by such Subsidiary to Borrower or any other Subsidiary of Borrower, (iii) make loans or advances to Borrower or any other Subsidiary of Borrower, or (iv) transfer any of its property or assets to Borrower or any other Subsidiary of Borrower, except as provided in this Agreement.
No Restrictions on Subsidiary Distributions to Borrower or Other Subsidiaries. No Loan Party will, nor will it permit any of its Restricted Subsidiaries to, create or otherwise cause or suffer to exist or become effective any consensual encumbrance or restriction of any kind, whether, direct or indirect, on the ability of any Restricted Subsidiary of Borrower to (i) pay dividends or make any other distributions on any of such Restricted Subsidiary’s Capital Stock, (ii) repay or prepay any Indebtedness owed by such Restricted Subsidiary to any Loan Party (other than Holdings) except (A) restrictions or conditions in any Indebtedness permitted pursuant to Section 7.1 that is incurred or assumed by Excluded Subsidiaries to the extent such restrictions or conditions are no more restrictive in any material respect than the restrictions and conditions in the Loan Documents, (B) restrictions on cash (or Cash Equivalents) or other deposits imposed by agreements entered into in the ordinary course of business (or other restrictions on cash or deposits constituting Permitted Encumbrances) and (C) customary provisions in joint venture agreements and other similar agreements applicable to joint ventures permitted by Section 7.3 and applicable solely to such joint venture and entered into in the ordinary course of business,(iii) make loans or advances to any Loan Party (other than Holdings), or (iv) transfer any of its property or assets to any Loan Party (other than Holdings), except (A) as provided in this Agreement or any other Loan Document, (B) as provided in Permitted Subordinated Indebtedness so long as the terms thereof are no more restrictive on any of the Group Members than those set forth in the Loan Documents, (C) customary restrictions and conditions contained in agreements relating to the sale, lease, transfer or other disposition of a Restricted Subsidiary of Borrower or any Asset Sales pending such sale, lease, transfer or other disposition; provided that such restrictions and conditions apply only to the Restricted Subsidiary or assets that are to be sold, leased, transferred or disposed of and such sale, lease, transfer or other disposition is permitted hereunder, (D) restrictions and conditions existing on the date hereof and described in reasonable detail on Schedule 7.2 annexed hereto (but this exception shall not apply to any extension or renewal, or any amendment or modification, of such restriction or condition that has the effect of expanding the scope of any such restriction or condition); (E) customary anti-assignment a...
No Restrictions on Subsidiary Distributions to Borrower or Other Subsidiaries. Except as provided herein or in the Subordinated Note Indentures or in any other agreement evidencing Subordinated Indebtedness and containing similar terms to the Subordinated Note Indentures, Borrower will not, and will not permit any of its Restricted Subsidiaries to, create or otherwise cause or suffer to exist or become effective any consensual encumbrance or restriction of any kind on the ability of any such Restricted Subsidiary to (i) pay dividends or make any other distributions on any of such Restricted Subsidiary's Capital Stock owned by Borrower or any other Restricted Subsidiary of Borrower, (ii) repay or prepay any Indebtedness owed by such Restricted Subsidiary to Borrower or any other Restricted Subsidiary of Borrower, (iii) make loans or advances to Borrower or any other Restricted Subsidiary of Borrower, or (iv) otherwise transfer any of its property or assets to Borrower or any other Restricted Subsidiary of Borrower.
No Restrictions on Subsidiary Distributions to Borrower or Other Subsidiaries. Borrower shall not, and shall not permit any of its Significant Subsidiaries to, create or otherwise cause or suffer to exist or become effective any consensual encumbrance or restriction of any kind on the ability of any such Significant Subsidiary to (i) pay dividends or make any other distributions on any of such Significant Subsidiary's Stock owned by any Company, (ii) repay or prepay any Indebtedness owed by such Significant Subsidiary to any Company, (iii) make loans or advances to any Company, or (iv) transfer any of its property or assets to any Company.
No Restrictions on Subsidiary Distributions to Borrower or Other Subsidiaries. Except (i) as provided herein and in the other Loan Documents or (ii) as described on Schedule 6.1 annexed hereto, the Obligors will not, and will not permit any of their Subsidiaries to, create or otherwise cause or suffer to exist or become effective any Payment Restriction.
No Restrictions on Subsidiary Distributions to Borrower or Other Subsidiaries. Except as provided herein, Borrower will not, nor will it permit any of its Subsidiaries (except Borrower's South African Subsidiaries with respect to the Indebtedness permitted pursuant to subsection 7.1(ix)) to, create or otherwise cause or suffer to exist or become effective any consensual encumbrance or restriction of any kind on the ability of any such Subsidiary to (i) pay dividends or make any other distributions on any of such Subsidiary's capital stock or other ownership interests owned by Borrower or any other Subsidiary of Borrower, (ii) repay or prepay any Indebtedness owed by such Subsidiary to Borrower or any other Subsidiary of Borrower, (iii) make loans or advances to Borrower or any other Subsidiary of Borrower, or (iv) transfer any of its property or assets to Borrower or any other Subsidiary of Borrower.
No Restrictions on Subsidiary Distributions to Borrower or Other Subsidiaries. Except as expressly provided in this Agreement, the Credit Parties will not, and will not permit any of their respective Subsidiaries to, create or otherwise cause or suffer to exist or become effective any consensual encumbrance or restriction of any kind on the ability of any such Subsidiary to (i) pay dividends or make any other distributions on any of such Subsidiary's Capital Stock owned by such Credit Party or any other Subsidiary of such Credit Party, (ii) repay or prepay any Indebtedness owed by such Subsidiary to such Credit Party or any other Subsidiary of such Credit Party, (iii) make loans or advances to such Credit Party or any other Subsidiary of such Credit Party, or (iv) transfer any of its property or assets to such Credit Party or any other Subsidiary of such Credit Party.
No Restrictions on Subsidiary Distributions to Borrower or Other Subsidiaries. Except as provided herein, or in any Senior Guaranteed Note Document, Subordinated Note Document or Bridge Financing Document, Parent will not, and will not permit any of its Subsidiaries to, create or otherwise cause or suffer to exist or become effective any consensual encumbrance or restriction of any kind on the ability of any Subsidiary of Borrower to (i) pay dividends or make any other distributions on any of such Subsidiary's capital stock owned by Borrower or any other Subsidiary of Borrower, (ii) repay or prepay any Indebtedness owed by such Subsidiary to Borrower or any other Subsidiary of Borrower, (iii) make loans or advances to Borrower or any other Subsidiary of Borrower, or (iv) transfer any of its property or assets to Borrower or any other Subsidiary of Borrower, other than encumbrances and restrictions arising under (i) applicable law, (ii) customary provisions restricting subletting or assignment of any lease governing a leasehold interest of Borrower or any of its Subsidiaries, and (iii) customary restrictions on dispositions of real property interests found in reciprocal easement agreements of Borrower or any of its Subsidiaries.
No Restrictions on Subsidiary Distributions to Borrower or Other Subsidiaries. Except as provided herein or in the 78.875% Subordinated Note Indenture, in the 7.75% Unsecured Note Indenture or in the 7.755.875% Unsecured Note Indenture, or in any other agreement evidencing Subordinated Indebtedness and containing similar terms to the 78.875% Subordinated Note Indenture or in any other agreement pursuant to which Unsecured Notes are issued and containing similar terms to the 7.755.875% Unsecured Note Indenture, Borrower will not, and will not permit any of its Restricted Subsidiaries to, create or otherwise cause or suffer to exist or become effective any consensual encumbrance or restriction of any kind on the ability of any such Restricted Subsidiary to (i) pay dividends or make any other distributions on any of such Restricted Subsidiary’s Capital Stock owned by Borrower or any other Restricted Subsidiary of Borrower, (ii) repay or prepay any Indebtedness owed by such Restricted Subsidiary to Borrower or any other Restricted Subsidiary of Borrower, (iii) make loans or advances to Borrower or any other Restricted Subsidiary of Borrower, or (iv) otherwise transfer any of its property or assets to Borrower or any other Restricted Subsidiary of Borrower.
No Restrictions on Subsidiary Distributions to Borrower or Other Subsidiaries. Except for encumbrances and restrictions that are identical to, or less restrictive than, those provided in this Agreement and except pursuant to the Canadian Debt, the Borrower will not, and will not permit the Company or any of its Subsidiaries to, create or otherwise cause or suffer to exist or become effective any consensual encumbrance or restriction of any kind on the ability of any such Subsidiary to (i) pay dividends or make any other distributions on any of such Subsidiary's capital stock owned by the Borrower or any other Subsidiary of the Borrower, (ii) repay or prepay any Indebtedness owed by such Subsidiary to the Borrower or any other Subsidiary of the Borrower, (iii) make loans or advances to the Borrower or any other Subsidiary of the Borrower, or (iv) transfer any of its property or assets to the Borrower or any other Subsidiary of the Borrower.
