Common use of Redemption, Dividends and Distributions Clause in Contracts

Redemption, Dividends and Distributions. At any time (1) each of the Company's Xxxxx'x and S&P rating have been downgraded below Investment Grade, or (2) either of the Company's Xxxxx'x or S&P rating has been downgraded by at least two categories below Investment Grade: (a) Redeem, retire or otherwise acquire, directly or indirectly, any shares of its Stock if such redemption or repurchase would cause the sum of (A) and (B) below to exceed the sum of (i) $150,000,000, plus (ii) fifty percent (50%) of the aggregate of Net Income, depreciation, amortization and non-cash stock compensation expense of the Company and its Subsidiaries, on a consolidated basis, for each fiscal quarter of the Company ending after August 28, 2007 (said amount to not be adjusted or changed for a particular fiscal quarter if the aggregate Net Income, depreciation, amortization and non-cash stock compensation expense of the Company and its Subsidiaries, on a consolidated basis, for such fiscal quarter is negative): (A) the aggregate cost paid by the Company for such Stock so redeemed or repurchased on or after July 1, 2007, as shown on the consolidated financial statements of the Company and its Subsidiaries to be delivered pursuant to Sections 5.2(a) and (b) hereof; and (B) the aggregate cash dividends paid by the Company to owners of Stock in the Company on or after July 1, 2007; (b) Pay any dividend except (i) dividends paid to the Company or any Subsidiary of the Company which is a direct parent of the Subsidiary paying a dividend, (ii) dividends payable in Stock or in rights or warrants to purchase Stock, or (iii) cash dividends paid by the Company to owners of Stock in the Company if the aggregate amount of such cash dividends payable by the Company to owners of Stock in the Company on or after August 28, 2007, together with the aggregate cost paid by the Company for Stock redeemed or repurchased on or after July 1, 2007 (as shown on the consolidated financial statements of the Company and its Subsidiaries to be delivered pursuant to Sections 5.2(a) and (b) hereof), does not exceed (i) $150,000,000 plus (ii) fifty percent (50%) of the aggregate of Net Income, depreciation, amortization and non-cash stock compensation expense of the Company and its Subsidiaries, on a consolidated basis, for each fiscal quarter of the Company ending after July 1, 2007 (said amount to not be adjusted or changed for a particular fiscal quarter if the aggregate Net Income, depreciation, amortization and non-cash stock compensation expense of the Company and its Subsidiaries, on a consolidated basis, for such fiscal quarter is negative); or (c) Make any other distribution of any Property or cash to stockholders as such, except as permitted under Section 6.4(e)(y).

Redemption, Dividends and Distributions. At any time (1) each of the Company's Xxxxx'x ’s Xxxxx’x and S&P rating have been downgraded below Investment Grade, or (2) either of the Company's Xxxxx'x ’s Xxxxx’x or S&P rating has been downgraded by at least two categories below Investment Grade: (a) Redeem, retire or otherwise acquire, directly or indirectly, any shares of its Stock if such redemption or repurchase would cause the sum of (A) and (B) below to exceed the sum of (i) $150,000,000, plus (ii) fifty percent (50%) of the aggregate of Net Income, depreciation, amortization and non-cash stock compensation expense of the Company and its Subsidiaries, on a consolidated basis, for each fiscal quarter of the Company ending after August 28, 2007 (said amount to not be adjusted or changed for a particular fiscal quarter if the aggregate Net Income, depreciation, amortization and non-cash stock compensation expense of the Company and its Subsidiaries, on a consolidated basis, for such fiscal quarter is negative): (A) the aggregate cost paid by the Company for such Stock so redeemed or repurchased on or after July 1, 2007, as shown on the consolidated financial statements of the Company and its Subsidiaries to be delivered pursuant to Sections 5.2(a) and (b) hereof; and (B) the aggregate cash dividends paid by the Company to owners of Stock in the Company on or after July 1, 2007; (b) Pay any dividend except (i) dividends paid to the Company or any Subsidiary of the Company which is a direct parent of the Subsidiary paying a dividend, (ii) dividends payable in Stock or in rights or warrants to purchase Stock, or (iii) cash dividends paid by the Company to owners of Stock in the Company if the aggregate amount of such cash dividends payable by the Company to owners of Stock in the Company on or after August 28, 2007, together with the aggregate cost paid by the Company for Stock redeemed or repurchased on or after July 1, 2007 (as shown on the consolidated financial statements of the Company and its Subsidiaries to be delivered pursuant to Sections 5.2(a) and (b) hereof), does not exceed (i) $150,000,000 150,000,000, plus (ii) fifty percent (50%) of the aggregate of Net Income, depreciation, amortization and non-cash stock compensation expense of the Company and its Subsidiaries, on a consolidated basis, for each fiscal quarter of the Company ending after July 1, 2007 (said amount to not be adjusted or changed for a particular fiscal quarter if the aggregate Net Income, depreciation, amortization and non-cash stock compensation expense of the Company and its Subsidiaries, on a consolidated basis, for such fiscal quarter is negative); or (c) Make any other distribution of any Property or cash to stockholders as such, except as permitted under Section 6.4(e)(y).

Redemption, Dividends and Distributions. At any time (1) each of the Company's Xxxxx'x and S&P rating have been downgraded below Investment Grade, or (2) either of the Company's Xxxxx'x or S&P rating has been downgraded by at least two categories below Investment Grade: (a) Redeem, retire or otherwise acquire, directly or indirectly, any shares of its Stock if such redemption or repurchase would cause the sum of (A) and (B) below to exceed the sum of (i) $150,000,000, plus (ii) fifty percent (50%) of the aggregate of Net Income, depreciation, amortization and non-cash stock compensation expense of the Company and its Subsidiaries, on a consolidated basis, for each fiscal quarter of the Company ending after August 28, 2007 (said amount to not be adjusted or changed for a particular fiscal quarter if the aggregate Net Income, depreciation, amortization and non-cash stock compensation expense of the Company and its Subsidiaries, on a consolidated basis, for such fiscal quarter is negative): (A) the aggregate cost paid by the Company for such Stock so redeemed or repurchased on or after July 1, 2007, as shown on the consolidated financial statements of the Company and its Subsidiaries to be delivered pursuant to Sections 5.2(a) and (b) hereof; and (B) the aggregate cash dividends paid by the Company to owners of Stock in the Company on or after July 1, 2007; (b) Pay any dividend except (i) dividends paid to the Company or any Subsidiary of the Company which is a direct parent of the Subsidiary paying a dividend, (ii) dividends payable in Stock or in rights or warrants to purchase Stock, or (iii) cash dividends paid by the Company to owners of Stock in the Company if the aggregate amount of such cash dividends payable by the Company to owners of Stock in the Company on or after August 28, 2007, together with the aggregate cost paid by the Company for Stock redeemed or repurchased on or after July 1, 2007 (as shown on the consolidated financial statements of the Company and its Subsidiaries to be delivered pursuant to Sections 5.2(a) and (b) hereof), does not exceed (i) $150,000,000 150,000,000, plus (ii) fifty percent (50%) of the aggregate of Net Income, depreciation, amortization and non-cash stock compensation expense of the Company and its Subsidiaries, on a consolidated basis, for each fiscal quarter of the Company ending after July 1, 2007 (said amount to not be adjusted or changed for a particular fiscal quarter if the aggregate Net Income, depreciation, amortization and non-cash stock compensation expense of the Company and its Subsidiaries, on a consolidated basis, for such fiscal quarter is negative); or (c) Make any other distribution of any Property or cash to stockholders as such, except as permitted under Section 6.4(e)(y).

Redemption, Dividends and Distributions. At any time (1) each of the Company's Xxxxx'x and S&P rating have been downgraded below Investment Grade, or (2) either of the Company's Xxxxx'x or S&P rating has been downgraded by at least two categories below Investment Gradetime: (a) Redeem, retire or otherwise acquire, directly or indirectly, any shares of its Stock if such redemption or repurchase would cause the sum of (A) and (B) below to exceed the sum of (i) $150,000,000, plus (ii) fifty percent (50%) of the aggregate of Net Income, depreciation, amortization and non-cash stock compensation expense of the Company and its Subsidiaries, on a consolidated basis, for each fiscal quarter of the Company ending after August 28September 30, 2007 2004 (said amount to not be adjusted or changed for a particular fiscal quarter if the aggregate Net Income, depreciation, amortization and non-cash stock compensation expense of the Company and its Subsidiaries, on a consolidated basis, for such fiscal quarter is negative): (A) the aggregate cost paid by the Company for such Stock so redeemed or repurchased on or after July October 1, 20072004, as shown on the consolidated financial statements of the Company and its Subsidiaries to be delivered pursuant to Sections 5.2(a) and (b) hereof; and (B) the aggregate cash dividends paid by the Company to owners of Stock in the Company on or after July October 1, 20072004; (b) Pay any dividend except (i) dividends paid to the Company or any Subsidiary of the Company which is a direct parent of the Subsidiary paying a dividend, (ii) dividends payable in Stock or in rights or warrants to purchase Stock, or (iii) cash dividends paid by the Company to owners of Stock in the Company if the aggregate amount of such cash dividends payable by the Company to owners of Stock in the Company on or after August 28October 1, 20072004, together with the aggregate cost paid by the Company for Stock redeemed or repurchased on or after July October 1, 2007 2004 (as shown on the consolidated financial statements of the Company and its Subsidiaries to be delivered pursuant to Sections 5.2(a) and (b) hereof), does not exceed (i) $150,000,000 150,000,000, plus (ii) fifty percent (50%) of the aggregate of Net Income, depreciation, amortization and non-cash stock compensation expense of the Company and its Subsidiaries, on a consolidated basis, for each fiscal quarter of the Company ending after July 1September 30, 2007 2004 (said amount to not be adjusted or changed for a particular fiscal quarter if the aggregate Net Income, depreciation, amortization and non-cash stock compensation expense of the Company and its Subsidiaries, on a consolidated basis, for such fiscal quarter is negative); or (c) Make any other distribution of any Property or cash to stockholders as such, except as permitted under Section 6.4(e)(y).

Redemption, Dividends and Distributions. At any time (1) each of the Company's Xxxxx'x ’s Xxxxx’x and S&P rating have been downgraded below Investment Grade, or (2) either of the Company's Xxxxx'x ’s Xxxxx’x or S&P rating has been downgraded by at least two categories below Investment Grade: (a) Redeem, retire or otherwise acquire, directly or indirectly, any shares of its Stock if such redemption or repurchase would cause the sum of (A) and (B) below to exceed the sum of (i) $150,000,000, plus (ii) fifty percent (50%) of the aggregate of Net Income, depreciation, amortization and non-cash stock compensation expense of the Company and its Subsidiaries, on a consolidated basis, for each fiscal quarter of the Company ending after August 28, 2007 (said amount to not be adjusted or changed for a particular fiscal quarter if the aggregate Net Income, depreciation, amortization and non-cash stock compensation expense of the Company and its Subsidiaries, on a consolidated basis, for such fiscal quarter is negative): (A) the aggregate cost paid by the Company for such Stock so redeemed or repurchased on or after July 1, 2007, as shown on the consolidated financial statements of the Company and its Subsidiaries to be delivered pursuant to Sections 5.2(a) and (b) hereof; and (B) the aggregate cash dividends paid by the Company to owners of Stock in the Company on or after July 1, 2007; (b) Pay any dividend except (i) dividends paid to the Company or any Subsidiary of the Company which is a direct parent of the Subsidiary paying a dividend, (ii) dividends payable in Stock or in rights or warrants to purchase Stock, or (iii) cash dividends paid by the Company to owners of Stock in the Company if the aggregate amount of such cash dividends payable by the Company to owners of Stock in the Company on or after August 28, 2007, together with the aggregate cost paid by the Company for Stock redeemed or repurchased on or after July 1, 2007 (as shown on the consolidated financial statements of the Company and its Subsidiaries to be delivered pursuant to Sections 5.2(a) and (b) hereof), does not exceed (i) $150,000,000 plus (ii) fifty percent (50%) of the aggregate of Net Income, depreciation, amortization and non-cash stock compensation expense of the Company and its Subsidiaries, on a consolidated basis, for each fiscal quarter of the Company ending after July 1, 2007 (said amount to not be adjusted or changed for a particular fiscal quarter if the aggregate Net Income, depreciation, amortization and non-cash stock compensation expense of the Company and its Subsidiaries, on a consolidated basis, for such fiscal quarter is negative); or (c) Make any other distribution of any Property or cash to stockholders as such, except as permitted under Section 6.4(e)(y).