Restricted Junior PaymentsRestricted Junior 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 Event of Default or Potential Event of Default shall have occurred and be continuing or occurs as a result thereof, (i) Company may make payments of regularly scheduled interest in respect of the 9-7/8% Subordinated Notes and the 1996 Subordinated Notes or any refinancing thereof permitted by subsection 7.1(x), in each case in accordance with the terms of, and to the extent required by, and subject to the subordination provisions contained in, the 9-7/8% Subordinated Note Indenture and the 1996 Subordinated Notes Indenture respectively or any refinancing thereof permitted by subsection 7.1(x), (ii) Company's non-wholly-owned Subsidiaries may pay dividends and distributions in respect of any fiscal year to Persons other than Company and its wholly-owned Subsidiaries to the extent of such Person's pro-rata share of cash of any non-wholly-owned Subsidiary to the extent of such Subsidiary's positive cash flow as of such fiscal year end if (x) all Indebtedness of such Subsidiary (including Indebtedness owing to banks, joint venture partners or Company and its Subsidiaries) has been paid, (y) such Subsidiary has sufficient cash to pay all income taxes, all non-recurring expenditures and all repayments to Medicare estimated to be due, in each case in respect of such fiscal year and (z) such Subsidiary has a working capital reserve of $300,000, (iii) Company may purchase Company Common Stock, options or warrants held by officers or employees (including former officers and employees) of Company in an aggregate amount not to exceed $2,000,000, (iv) Company may repurchase its Common Stock pursuant to a stock repurchase plan approved by its Board of Directors in an aggregate amount for all such repurchases not to exceed $10,000,000 from and after the Existing Credit Agreement Closing Date, and (v) Company may purchase shares of its Common Stock and, within 60 days after such purchase, reissue or resell such Common Stock to employees of Company or its Subsidiaries in accordance with the terms and provisions of the Employee Stock Discount Program.
Restricted Junior PaymentsRestricted Junior Payments. The Borrower shall not and shall not permit any of its Subsidiaries to declare or make any Restricted Junior Payment, except:
