Restriction on Dividends and Repurchases. (a) To the extent the Company is a validly electing S corporation within the meaning of Sections 1361 and 1362 of the Code for any portion of a designated year, Investor consent shall not be required for the payment to the shareholders of any Allowable Tax Distribution. For purposes of this Agreement, the term β
Appears in 14 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement, Securities Purchase Agreement