Restrictions on Distribution. No amounts may be distributed from the Subdivision Fund contrary to Section VII, i.e., no amounts may be distributed directly to Non-Participating Subdivisions or to Later Participating Subdivisions to the extent such a distribution would violate Section VII.E through Section VII.
Restrictions on Distribution. No amounts may be distributed from the Subdivision Fund contrary to Section VII, i.e., no amounts may be distributed directly to Non- Participating Subdivisions or to Later Participating Subdivisions in excess of what is permissible under subsection VII.E. Amounts allocated to the Subdivision Fund that cannot be distributed by virtue of the preceding sentence shall be distributed into the sub-account in the Abatement Accounts Fund for the Settling State in which the Subdivision is located, unless those payments are redirected elsewhere by a State-Subdivision Agreement described in subsection VI.D.1 or by an Allocation Statute or a Statutory Trust described in subsection VI.D.2.
Restrictions on Distribution. Any inquiry, action, suit, investigation or other proceeding (whether formal or informal), including matters of regulatory transgression or unlawful conduct, is commenced, announced or threatened or any order is made or issued under or pursuant to any federal, provincial, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality (including without limitation the CSE or any securities regulatory authority) or there is any enactment or change in any law, rule or regulation, or the interpretation or administration thereof, which, in the reasonable opinion of the Agents, could operate to prevent, restrict or otherwise seriously adversely affect in any manner the distribution or trading of the Special Warrants or the market price or value of the Common Shares;
Restrictions on Distribution. If (i) any inquiry, action, suit, investigation or other proceeding (whether formal or informal) is commenced, announced or threatened or any order is made or issued under or pursuant to any federal, provincial, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality (including without limitation the TSX or any securities regulatory authority), (ii) there is a change in any law, rule or regulation, or the interpretation or administration thereof, or (iii) an order shall have been made or threatened to cease or suspend trading in the Common Shares by any securities regulatory authority or similar regulatory or judicial authority or the TSX, which, in the reasonable opinion of the Purchasers, operates to prevent, restrict or otherwise materially adversely affect the trading of the Offered Securities, the Common Shares or any other securities of the Corporation, the Purchasers (or any one of them) shall be entitled, at their sole option, in accordance with Section 6.4 of this Agreement, to terminate their obligations under this Agreement (and the obligations of the Purchasers arranged by them to purchase the Offered Securities) by written notice to that effect given to the Corporation on or prior to the Closing Time.
Restrictions on Distribution. (A) No distribution may be made by the Company if after giving effect to the distribution: (i) the Company would not be able to pay its debts as they became due in the usual course of business, or (ii) the Company’s total assets would be less than the sum of its total liabilities plus, unless this Agreement provides otherwise, the amount that would be needed if the Company were to be dissolved at the time of the distribution to satisfy the preferential rights upon dissolution of Members, whose preferential rights are superior to the rights of Members receiving the distribution.
(B) The Company may base a determination that a distribution is not prohibited under this Section 5.04(A) either on: (i) financial statements prepared on the basis of accounting practices and principles that are reasonable in the circumstances or (ii) a fair evaluation or other method that is reasonable in the circumstances.
(C) The effect of a distribution under this Section 5.04(A) is measured as of (i) the date the distribution is authorized if the payment occurs within one hundred twenty (120) days after the date of authorization or (ii) the date the payment is made if it occurs more than one hundred twenty (120) days after the date of authorization.
Restrictions on Distribution. Any inquiry, action, suit, investigation or other proceeding (whether formal or informal), including matters of regulatory transgression or unlawful conduct, is commenced, announced or threatened or any order is made or issued under or pursuant to any federal, provincial, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality (including without limitation the CSE or any securities regulatory authority) against the Company or its directors, officers or principal shareholders, or there is any enactment or change in any law, rule or regulation, or the interpretation or administration thereof, which, in the reasonable opinion of the Underwriter, could operate to prevent, restrict or otherwise seriously adversely affect the distribution or trading of the Units or the market price or value of the Common Shares;
Restrictions on Distribution. The Lender understands that the Securities are characterized as "restricted securities" under the Securities Act inasmuch as they are being acquired from the Borrowers in a transaction not involv ing a public offering and that under the Securities Act and applicable regulations thereunder such securities may be resold without registration under the Securities Act only in certain limited circumstances. Further, the Lender represents that the Lender is familiar with Rule 144 of the Commission, as presently in effect, and understands the resale limitations imposed thereby and by the Securities Act. The Lender understands that Parent is under no obligation to register any of the securities sold hereunder except as provided in the Registration Rights Agreement.
Restrictions on Distribution. Notwithstanding the foregoing provisions of ARTICLE 11, the Plan shall not distribute any Company Stock acquired with the proceeds of an Exempt Loan until the close of the Plan Year in which such Exempt Loan has been repaid in full.
Restrictions on Distribution. If (i) any inquiry, action, suit, investigation or other proceeding (whether formal or informal) is commenced, announced or threatened or any order is made or issued under or pursuant to any federal, provincial, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality (including without limitation the TSX or any securities regulatory authority), (ii) there is a change in any law, rule or regulation, or the interpretation or administration thereof, or (iii) an order shall have been made or threatened to cease or suspend trading in the Common Shares by any securities regulatory authority or similar regulatory or judicial authority or the TSX, which, in the reasonable opinion of the Underwriters, operates to prevent, restrict or otherwise materially adversely effect the distribution or trading of the Offered Subscription Receipts, the Underlying Shares or any other securities of the Corporation, the Underwriters (or any one of them) shall be entitled, at their sole option, in accordance with Section 6.6 of this Agreement, to terminate their obligations under this Agreement (and the obligations of the Purchasers arranged by them to purchase the Offered Subscription Receipt) by written notice to that effect given to the Corporation on or prior to the Closing Time.
Restrictions on Distribution. Notwithstanding any other provision of the Plan, a Member’s Elective Account shall not be distributable prior to his separation from service, disability, death, or attainment of age 59-1/2, except (a) in cases of hardship to the extent provided in Section 7.2.3, (b) upon termination of the Plan without establishment or maintenance of another defined contribution plan (other than an employee stock ownership plan as defined in section 4975(e)(7) or 409 of the Code, or a simplified employee pension as defined in section 408(k) of the Code), (c) prior to termination of the Plan, as authorized under section 401(k)(2)(B)(i)(II) of the Code (i) upon disposition by an Employer, to an unrelated entity, of substantially all of the assets used by such corporation in a trade or business if such Employer continues to maintain this Plan and the acquiring entity does not maintain this Plan, in the case of a Member who continues employment with the corporation acquiring such assets, or (ii) upon disposition by an Employer, to an unrelated entity, of such corporation’s interest in a subsidiary if such Employer continues to maintain this Plan and the acquiring entity does not maintain this Plan, with respect to a Member who continues employment with such a subsidiary. No distribution shall be made pursuant to clause (c) of the preceding sentence unless the distribution qualifies as a "lump sum distribution" within the meaning of section 401(k)(10)(B) of the Code.
