Common use of Restriction on Dividends and Repurchases Clause in Contracts

Restriction on Dividends and Repurchases. (a) Prior to the earlier of (x) the fifth anniversary of the Commencement Date and (y) the date on which the Series F Preferred Stock has been redeemed in whole or the Investor has transferred all of the Series F Preferred Stock to third parties which are not Affiliates of the Investor, neither the Company nor any Company Subsidiary shall, without the consent of the Investor: (i) declare or pay any dividend or make any distribution on the Common Stock (other than (A) dividends payable solely in shares of Common Stock and (B) dividends or distributions of rights or Junior Stock in connection with a stockholders’ rights plan); or (ii) redeem, purchase or acquire any shares of Common Stock or other capital stock or other equity securities of any kind of the Company, or any trust preferred securities issued by the Company or any Affiliate of the Company, other than (A) redemptions, purchases or other acquisitions of any such securities held by the Investor,

Restriction on Dividends and Repurchases. (a) Prior to the earlier of (x) the fifth third anniversary of the Commencement Closing Date and (y) the date on which the Series F Preferred Stock has Shares have been redeemed in whole or the Investor has Investors have transferred all of the Series F Preferred Stock Shares to third parties which are not Affiliates of the such Investor, neither the Company nor any Company Subsidiary shall, without the consent of the InvestorInvestors: (i) declare or pay any dividend or make any distribution on the Common Stock (other than (A) regular quarterly cash dividends of not more than $0.01 per share, (B) dividends payable solely in shares of Common Stock and (BC) dividends or distributions of rights or Junior Stock in connection with a stockholders’ rights plan); or (ii) redeem, purchase or acquire any shares of Common Stock or other capital stock or other equity securities of any kind of the Company, or any trust preferred securities issued by the Company or any Affiliate of the Company, other than (A) redemptions, purchases or other acquisitions of the Preferred Shares, (B) redemptions, purchases or other acquisitions of shares of Common Stock or other Junior Stock, in each case in this clause (B) in connection with the administration of any such securities held by employee benefit plan in the Investor,ordinary course of business (including purchases to offset the Share Dilution

Restriction on Dividends and Repurchases. (a) Prior Notwithstanding any contrary provision of Section 4.8 of the Securities Purchase Agreement dated as of November 25, 2008 between the Company and the Investor, as amended (the “Series D Preferred Stock Purchase Agreement”), prior to the earlier of (x) the fifth anniversary of the Commencement Closing Date and (y) the date on which the Series F E Preferred Stock has been redeemed in whole or the Investor has transferred all of the Series F E Preferred Stock to third parties which are not Affiliates of the Investor, neither the Company nor any Company Subsidiary shall, without the consent of the Investor: (i) declare or pay any dividend or make any distribution on the Common Stock (other than (A) dividends payable solely in shares of Common Stock and (B) dividends or distributions of rights or Junior Stock in connection with a stockholders’ rights plan); or (ii) redeem, purchase or acquire any shares of Common Stock or other capital stock or other equity securities of any kind of the Company, or any trust preferred securities issued by the Company or any Affiliate of the Company, other than (A) redemptions, purchases or other acquisitions of any such securities held by the Investor, (B) redemptions, purchases or other acquisitions of the Series E Preferred Stock, (C) purchases or other acquisitions of Series C Preferred Stock from the Trust,