RESTRICTED JUNIOR PAYMENTS; CERTAIN OTHER PAYMENTS Sample Clauses

RESTRICTED JUNIOR PAYMENTS; CERTAIN OTHER PAYMENTS. Company shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, declare, order, pay, make or set apart any sum for any Restricted Junior Payment; provided that so long as no Potential Event of Default or Event of Default has occurred and is continuing or would result therefrom, Company may purchase, redeem, acquire, cancel or otherwise retire for value shares of capital stock of Company, or warrants or options on any such shares or related stock appreciation rights, phantom shares or similar securities, in each case that are owned by officers or employees (or their estates or beneficiaries under their estates), upon the death, disability, retirement, termination of employment or pursuant to the terms of the stock option plan or any other agreement under which such shares of capital stock, warrants, options, related rights, phantom shares or similar securities were issued or under which they may be put or called; provided further that the aggregate cash consideration paid for such purchase, redemption, acquisition, cancellation or other retirement for value of such shares of capital stock, options, related rights or similar securities shall not exceed US$10,000,000 during the term of this Agreement.
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RESTRICTED JUNIOR PAYMENTS; CERTAIN OTHER PAYMENTS. The Loan Parties shall not, and shall not permit any of their respective Subsidiaries to, directly or indirectly, declare, order, pay, make, give or publish notice or fix a date in respect of or set apart any sum for any Restricted Junior Payment, enter into an agreement or make any commitment to effect any of the foregoing or take any other similar action in furtherance of or otherwise in connection with the foregoing; provided that the Loan Parties may buyback shares of stock issued within three months of the Closing Date sold to employees of BHR or its Subsidiaries as part of an employee stock purchase plan, such buy back to be completed on or before December 31, 1998, and in no event shall the aggregate purchase price of the shares purchased in such buyback be greater than $2,000,000.
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RESTRICTED JUNIOR PAYMENTS; CERTAIN OTHER PAYMENTS. 101 7.6 Financial Performance Covenants................................................... 101
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RESTRICTED JUNIOR PAYMENTS; CERTAIN OTHER PAYMENTS. A. Company shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, declare, order, pay, make or set apart any sum for any Restricted Junior Payment; PROVIDED that so long as no Event of Default or Potential Event of Default shall have occurred and be continuing or would result therefrom:
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RESTRICTED JUNIOR PAYMENTS; CERTAIN OTHER PAYMENTS. Company shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, declare, order, pay, make or set apart any sum for any Restricted Junior Payment, except that Company may make payments on the Additional Indebtedness as required by the terms of the instruments evidencing such Additional Indebtedness, and Company and Xxxxx may make payments on the Xxxxx Notes as required by the terms of the Xxxxx Notes, but subject, in each case to the subordination provisions contained therein; provided that (v) -------- Company and Xxxxx may repurchase the Xxxxx Notes pursuant to the Xxxxx Change of Control Offer to the extent required; (w) Company and Xxxxx may repurchase, in one or a series of transactions, Xxxxx Notes; provided that (a) no Event of -------- Default or Potential Event of Default shall have occurred and be continuing at the time of such purchase or repurchase, and (b) immediately after giving effect to each such purchase or repurchase, Company is in compliance on a pro forma basis with all covenants set forth in Section 7 of this Agreement, (x) Xxxxx may redeem the Xxxxx Notes on the maturity date thereof strictly in accordance with the terms of the Xxxxx Indenture; provided, that (a) no Event of Default or -------- Potential Event of Default shall have occurred and be continuing at the time of such redemption and (b) immediately after giving effect to such redemption, Company is in compliance on a pro forma basis with all covenants set forth in Section 7 of this Agreement, (y) Company may make payments in connection with the Business Combination Transactions on or before the Closing Date 114 and in accordance with the terms of the Related Agreements, and (z) so long as no Potential Event of Default or Event of Default has occurred and is continuing or would result therefrom, Company may purchase, redeem, acquire, cancel or otherwise retire for value shares of capital stock of Company, or warrants or options on any such shares or related stock appreciation rights or similar securities, in each case that are owned by officers or employees (or their estates or beneficiaries under their estates), upon the death, disability, retirement, termination of employment or pursuant to the terms of the stock option plan or any other agreement under which such shares of capital stock, options, related rights or similar securities were issued or under which they may be put or called; provided, that the aggregate cash consideration paid for ---...
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RESTRICTED JUNIOR PAYMENTS; CERTAIN OTHER PAYMENTS. A. Company shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, declare, order, pay, make or set apart any sum for any Restricted Junior Payment; provided that Company may make payments of regularly scheduled interest in respect of the Takeout Securities in accordance with the terms of and to the extent required by (and subject to the subordination provisions, if any, contained in) the Takeout Securities Indenture.
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Related to RESTRICTED JUNIOR PAYMENTS; CERTAIN OTHER PAYMENTS

  • Restricted Junior Payments No Credit Party shall, nor shall it permit any of its Subsidiaries or Affiliates through any manner or means or through any other Person to, directly or indirectly, declare, order, pay, make or set apart, or agree to declare, order, pay, make or set apart, any sum for any Restricted Junior Payment except that:

  • No Restricted Junior Payments As of and following the Closing Date, neither Holdings nor any of its Subsidiaries has directly or indirectly declared, ordered, paid or made, or set apart any sum or property for, any Restricted Junior Payment or agreed to do so except as permitted pursuant to Section 6.4.

  • Dividends and Certain Other Restricted Payments The Company shall not, nor shall it permit any of its subsidiaries to, (a) declare or pay any dividends on or make any other distributions in respect of any class or series of its capital stock or other equity interests or (b) directly or indirectly purchase, redeem, or otherwise acquire or retire any of its capital stock or other equity interests or any warrants, options, or similar instruments to acquire the same.

  • Restricted Payments; Certain Payments of Indebtedness (a) The Borrower will not, and will not permit any Restricted Subsidiary to, declare or make, or agree to pay or make, directly or indirectly, any Restricted Payment, except:

  • Limitation on Dividends and Other Payment Restrictions Affecting Restricted Subsidiaries The Company will not, and will not permit any Restricted Subsidiary to, directly or indirectly, create or otherwise cause or suffer to exist or become effective any encumbrance or restriction of any kind on the ability of any Restricted Subsidiary to (a) pay dividends, in cash or otherwise, or make any other distributions to the Company or any Restricted Subsidiary on or in respect of its Capital Stock, (b) pay any Indebtedness owed to the Company or any other Restricted Subsidiary, (c) make loans or advances to the Company or any other Restricted Subsidiary, or (d) transfer any of its properties or assets to the Company or any other Restricted Subsidiary, except in all such cases for such encumbrances or restrictions existing under or by reason of (i) any agreement or instrument in effect on the Issue Date and listed on Schedule D attached to this Indenture, (ii) applicable law or regulation (including corporate governance provisions required by applicable law and regulations of the National Bank of Poland), (iii) customary non-assignment provisions of any lease governing a leasehold interest of the Company or any Restricted Subsidiary, (iv) any agreement or other instrument of a Person acquired by the Company or any Restricted Subsidiary in existence at the time of such acquisition (but not created in contemplation thereof), which encumbrance or restriction is not applicable to any Person, or the properties or assets of any Person, other than the Person, or the property or assets of the Person, so acquired, (v) any mortgage or other Lien on real property acquired or improved by the Company or any Restricted Subsidiary after the Issue Date that prohibits transfers of the type described in (d) above with respect to such real property, (vi) with respect to a Restricted Subsidiary, an agreement that has been entered into for the sale or disposition of all or substantially all of the Company's Capital Stock in, or substantially all the assets of, such Restricted Subsidiary, (vii) the refinancing of Indebtedness incurred under the agreements listed on Schedule B attached to this Indenture or described in clause (v) above, so long as such encumbrances or restrictions are no less favorable in any material respect to the Company or any Restricted Subsidiary than those contained in the respective agreement as in

  • Dividend and Other Payment Restrictions Affecting Restricted Subsidiaries (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create or permit to exist or become effective any consensual encumbrance or restriction on the ability of any Restricted Subsidiary to:

  • Restricted Payments Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that:

  • Limitation on Dividend and Other Payment Restrictions Affecting Restricted Subsidiaries The Company will not, and will not cause or permit any of its Restricted Subsidiaries to, directly or indirectly, create or otherwise cause or permit to exist or become effective any encumbrance or restriction on the ability of any Restricted Subsidiary of the Company to:

  • Restricted Payments, etc On and at all times after the Effective Date:

  • Limitations on Restricted Payments (a) The Issuer will not, and will not permit any Restricted Subsidiary to, directly or indirectly, make any Restricted Payment if at the time of such Restricted Payment:

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