Prohibition on Distributions. The General Partner shall not cause the Partnership to make any distribution pursuant to this Article 4:
4.7.1. unless there is sufficient cash available therefor (including as a result of borrowing);
4.7.2. which would render the Partnership unable to pay its debts as and when they fall due; or
4.7.3. which, in the opinion of the General Partner, would or might leave the Partnership with insufficient funds to meet any future or contingent obligations or which would contravene the Limited Partnership Act.
Prohibition on Distributions. No subsidiary of the Partnership is currently prohibited, directly or indirectly, from paying any dividends to the Partnership, from making any other distribution on such subsidiary’s capital stock or other equity interests, from repaying to the Partnership any loans or advances to such subsidiary from the Partnership or from transferring any of such subsidiary’s property or assets to the Partnership or any other subsidiary of the Partnership, except as described in the Registration Statement (excluding the exhibits thereto), each Pre-Pricing Prospectus and the Prospectus.
Prohibition on Distributions. At any time make (or incur any ---------------------------- liability to make) or pay any Distribution in respect of the Borrower, except for such Distributions as would not cause the Borrower to breach the covenant in Section 6.1.
Prohibition on Distributions. While any Event of Default has occurred and is continuing, Borrower shall not declare, pay, make, or authorize any Distributions of any kind to its respective partners, other than tax distributions made to the partners of Borrower in accordance with the terms of Borrower’s Organizational Agreement. Further, while any Event of Default has occurred and is continuing, Borrower shall not make any payments or distribute any Loan proceeds to Affiliates (even if such payments are included in the Approved Budget) such as for soft costs, general contractor services, administration, overhead, and similar services.
Prohibition on Distributions. The Company shall not declare or pay any dividends or otherwise make any distributions to its shareholders (other than dividends payable solely in shares of Common Stock) without the consent of the Holder. Notwithstanding the foregoing, the Company shall not be prohibited from paying reasonable salary and bonuses to its shareholder employees.
Prohibition on Distributions. Collateral One is prohibited ---------------------------- from making any distribution, payment of management fee or other compensation, dividend payment, transfer, loan or hypothecation of property to First Chesapeake and First Chesapeake is prohibited from making any distribution, payment of management fee to its shareholders, dividend payment, transfer, loan or hypothecation of property to any of its shareholders without the prior written consent of the Bank. Notwithstanding the foregoing, in the event that Borrower delivers, the First Mandatory Payment, the Second Mandatory Payment, the Third Mandatory Payment, the Fourth Mandatory Payment and each of the Mandatory Weekly Payments, on a timely basis, and no Event of Default has occurred, the Bank hereby consents to the payment of any monthly distribution from Collateral One to First Chesapeake for bona fide third party expenses or employee compensation (excluding payments to any Guarantor of First Chesapeake (except Xxxxx)or any third party or employee affiliated with, or related to, any Guarantor of First Chesapeake except Xxxxx), provided that such distributions do not exceed excess cash flow, as defined in paragraph 5(d) of the Amendment over the monthly payments due Bank under Section 5 hereof.
Prohibition on Distributions. As provided in Section 4.1, at any time while any Preferred Interest shall be outstanding, the Company shall not make any distributions other than distributions on the Preferred Interest pursuant to Section 4.1(b).
Prohibition on Distributions. Except as expressly authorized in this Agreement, at no time on or after execution of this Agreement shall any of the Core Parties make any distribution of cash, capital, property or other things of value to Woodbridge Holdings, LLC or BFC Financial Corporation.
Prohibition on Distributions. No subsidiary of either of the Issuers is currently prohibited, directly or indirectly, from paying any dividends to such Issuer, from making any other distribution on such subsidiary’s capital stock or other equity interests, from repaying to such Issuer any loans or advances to such subsidiary from such Issuer or from transferring any of such subsidiary’s property or assets to such Issuer or any other subsidiary of such Issuer, except as described in the Registration Statement (excluding the exhibits thereto), each Pre-Pricing Prospectus and the Prospectus;
Prohibition on Distributions. The Borrower will not, and will not permit any of its Subsidiaries to, declare or pay any dividends (other than a dividend payable in shares of its common stock) or make any distributions of cash, property or other securities of the Borrower or such Subsidiary with respect to any shares of its capital stock, or directly or indirectly redeem, purchase or otherwise acquire for consideration any shares of its capital stock.
