Common use of Upstream Limitations Clause in Contracts

Upstream Limitations. The Borrower will not, and will not permit -------------------- any of its Subsidiaries to, enter into any agreement, contract or arrangement (other than the Credit Agreement and the other Loan Documents) restricting the ability of any Subsidiary to pay or make dividends or distributions in cash or kind to the Borrower, to make loans, advances or other payments of whatsoever nature to the Borrower, or to make transfer or distributions of all or any part of its assets to the Borrower.

Upstream Limitations. The Borrower will not, and will not permit -------------------- Neither the Borrowers nor any of its their Subsidiaries towill enter into, or permit any of their Subsidiaries to enter into into, any agreement, contract or arrangement (other than the Credit Agreement and the other Loan Documents) restricting the ability of any Subsidiary to pay or make dividends or distributions in cash or kind to the Borrowerkind, to make loans, advances or other payments of whatsoever nature to the Borrower, or to make transfer transfers or distributions of all or any part of its assets to the Borrowerany Borrower or any Guarantor.

Upstream Limitations. The Such Borrower will not, and nor will not it permit -------------------- any of its Subsidiaries to, enter into any agreement, contract contact or arrangement (other than the Credit Agreement and the other Loan Documents) restricting the ability of any Subsidiary to pay or make dividends or distributions in cash or kind to the Borrowerkind, to make loans, advances or other payments of whatsoever nature to the Borrower, or to make transfer transfers or distributions of all or any part of its assets to the Borrowersuch Borrower to any Subsidiary of such Subsidiary.

Upstream Limitations. The Neither the Borrower will not, and will not permit -------------------- nor any of its Subsidiaries towill enter into, or permit any of their Subsidiaries to enter into into, any agreement, contract or arrangement (other than the this Credit Agreement and the other Loan Documents) restricting the ability of any such Subsidiary to pay or make dividends or distributions in cash or kind to the Borrowerkind, to make loans, advances or other payments of whatsoever nature to the Borrower, or to make transfer transfers or distributions of all or any part of its assets to the BorrowerBorrower or any Subsidiary of which such Subsidiary is a Subsidiary.

Upstream Limitations. The Borrower will not, and nor will not the Borrower permit -------------------- any of its Subsidiaries to, to enter into any agreement, contract or arrangement (other than the Credit Agreement and the other Loan Documents) restricting the ability of any Subsidiary to pay or make dividends or distributions in cash or kind to the BorrowerBorrower or to any Subsidiary, to make loans, advances or other payments of whatsoever nature to the Borrower, Borrower or to any Subsidiary or to make transfer or distributions of all or any part of its assets to the BorrowerBorrower or to any Subsidiary of such Subsidiary.

Upstream Limitations. The Neither the Borrower will not, and will not permit -------------------- nor any of its -------------------- Subsidiaries to, will enter into any agreement, contract or arrangement (other than the Credit Agreement and the other Loan Documents) restricting the ability of any Subsidiary to pay or make dividends or distributions in cash or kind to the Borrower, to make loans, advances or other payments of whatsoever nature to the Borrower, or to make transfer or distributions of all or any part of its assets to the Borrower.

Upstream Limitations. The Each of the Parent Companies and the Borrower will not, and will not permit -------------------- any of its their Subsidiaries to, enter into any agreement, contract or arrangement (other than the Credit Agreement and the other Loan Documents) restricting the ability of any Subsidiary to pay or make dividends or distributions in cash or kind to the Borrower, to make loans, advances or other payments of whatsoever nature to the Borrower, or to make transfer or distributions of all or any part of its assets to the Borrower.

Upstream Limitations. The Borrower will not, and will not permit -------------------- any of its Subsidiaries toconsolidated Subsidiaries, to enter into any agreement, contract contract, or arrangement (other than the Credit Agreement and the other Loan Documents) restricting the ability of any Subsidiary of its Subsidiaries to pay or make dividends or distributions in cash or kind to the Borrowerkind, to make loans, advances advances, or other payments of whatsoever nature to the Borrower, or to make transfer transfers or distributions of all or any part of its their assets to the Borrower or to any Subsidiary of the Borrower.

Upstream Limitations. The Borrower will not, and will not permit any -------------------- any of its Subsidiaries to, enter into any agreement, contract or arrangement (other than the Credit Agreement and the other Loan Documents) restricting the ability of any Subsidiary to pay or make dividends or distributions in cash or kind to the Borrower, to make loans, advances or other payments of whatsoever nature to the Borrower, or to make transfer or distributions of all or any part of its assets to the Borrower.

Upstream Limitations. The Borrower Borrowers will not, and will not permit -------------------- any of its Subsidiaries totheir consolidated Subsidiaries, to enter into any agreement, contract contract, or arrangement (other than the Credit Agreement and the other Loan Documents) restricting the ability of any Subsidiary of their Subsidiaries to pay or make dividends or distributions in cash or kind to the Borrowerkind, to make loans, advances advances, or other payments of whatsoever nature to the Borrower, or to make transfer transfers or distributions of all or any part of its their assets to the any Borrower or to any Subsidiary of any Borrower.

Upstream Limitations. The Borrower will not, and nor will not the Borrower permit -------------------- any of its Subsidiaries to, enter into any agreement, contract or arrangement (other than the this Credit Agreement and the other Loan Documents and the Senior Debt Documents) restricting the ability of any Subsidiary to pay or make dividends or distributions in cash or kind to the Borrowerkind, to make loans, advances or other payments of whatsoever nature to the Borrower, or to make transfer transfers or distributions of all or any part of its assets to the BorrowerBorrower or to any Subsidiary of such Subsidiary.

Upstream Limitations. The Borrower will not, and nor will not the -------------------- Borrower permit -------------------- any of its Subsidiaries to, to enter into any agreement, contract or arrangement (other than the Credit Agreement and the other Loan Documents) restricting the ability of any Subsidiary to pay or make dividends or distributions in cash or kind to the BorrowerBorrower or to any Subsidiary, to make loans, advances or other payments of whatsoever nature to the Borrower, Borrower or to any Subsidiary or to make transfer or distributions of all or any part of its assets to the BorrowerBorrower or to any Subsidiary of such Subsidiary.

Upstream Limitations. The Borrower Borrowers will not, and will not permit -------------------- any of its Subsidiaries to, enter into any agreement, contract or arrangement (other than the Credit Agreement and the other Loan Documents) restricting the ability of any Subsidiary to pay or make dividends or distributions in cash or kind to the Borrowerkind, to make loans, advances or other payments of whatsoever nature to the Borrower, or to make transfer transfers or distributions of all or any part of its assets (other than as permitted by ss 9.2 hereof) to the BorrowerBorrower or any of its Subsidiaries.

Upstream Limitations. The Borrower Borrowers will not, and will not permit -------------------- any of its their Subsidiaries to, enter into any agreement, contract or arrangement (other than this Agreement, the Subordinated Notes Documents, the Senior Credit Agreement and the other Senior Loan Documents) restricting the ability of any Subsidiary to pay or make dividends or distributions in cash or kind to the Borrowerkind, to make loans, advances or other payments of whatsoever nature to the Borrower, or to make transfer transfers or distributions of all or any part of its assets to the BorrowerCompany or to any Subsidiary.

Upstream Limitations. The Borrower will not, and nor will not the Borrower permit -------------------- any of its Subsidiaries to, enter into any agreement, contract or arrangement (other than the this Credit Agreement and the other Loan Documents and the Granite Subordinated Debt Documents) restricting the ability of any Subsidiary to pay or make dividends or distributions in cash or kind to the Borrowerkind, to make loans, advances or other payments of whatsoever nature to the Borrower, or to make transfer transfers or distributions of all or any part of its assets to the BorrowerBorrower or to any Subsidiary of such Subsidiary.

Upstream Limitations. The No Borrower will not, and will not permit -------------------- any of its Subsidiaries to, enter into any agreement, contract contract, or arrangement (other than the Credit Agreement and the other Loan Transaction Documents) restricting the ability of any Subsidiary to pay or make dividends or distributions in cash or kind to the Borrowerkind, to make loans, advances advances, or other payments of whatsoever nature to the Borrower, or to make transfer transfers or distributions of all or any part of its assets Assets to the Borrowersuch Borrower or to any Subsidiary of a Subsidiary.

Upstream Limitations. The Borrower will not, and nor will not the Borrower -------- ----------- permit -------------------- any of its Restricted Subsidiaries to, to enter into any agreement, contract or arrangement (other than the Credit Agreement and the other Revolver Loan Documents or the Exchange Offer Documents) restricting the ability of any Restricted Subsidiary to pay or make dividends or distributions in cash or kind to the Borrowerkind, to make loans, advances or other payments of whatsoever nature to the Borrower, or to make transfer transfers or distributions of all or any part of its assets to the BorrowerBorrower or to any Subsidiary of such Restricted Subsidiary.

Upstream Limitations. The Borrower will not, and nor will not the Borrower permit -------------------- any of its Restricted Subsidiaries to, to enter into any agreement, contract or arrangement (other than the Credit Agreement and the other Loan Documents or the Offering Documents) restricting the ability of any Restricted Subsidiary to pay or make dividends or distributions in cash or kind to the Borrowerkind, to make loans, advances or other payments of whatsoever nature to the Borrower, or to make transfer transfers or distributions of all or any part of its assets to the BorrowerBorrower or to any Subsidiary of such Restricted Subsidiary.

Upstream Limitations. The Borrower Borrowers will not, and will not permit -------------------- any of its Subsidiaries to, enter into any agreement, contract or arrangement (other than the Credit Agreement and the other Loan Documents) restricting the ability of any Subsidiary to pay or make dividends or distributions in cash or kind to the Borrowerkind, to make loans, advances or other payments of whatsoever nature to the Borrower, or to make transfer transfers or distributions of all or any part of its assets (other than as permitted by ss.9.2 hereof) to the BorrowerBorrower or any of its Subsidiaries.