Upstream Payments. Create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary to make any Upstream Payment, except for encumbrances or restrictions (i) pursuant to the Loan Documents, (ii) existing under Applicable Law and (iii) identified and fully disclosed in Schedule 9.2.8.
Upstream Payments. No significant subsidiary of the Company is currently prohibited, directly or indirectly, from paying any dividends to the Company, from making any other distribution on such significant subsidiary’s capital stock, from repaying to the Company any loans or advances to such significant subsidiary from the Company or from transferring any of such significant subsidiary’s property or assets to the Company, except as otherwise disclosed or incorporated in the Disclosure Package and the Prospectus.
Upstream Payments. Create or suffer to exist any encumbrance or restriction on the ability of a Domestic Subsidiary to make any Upstream Payment, except for encumbrances or restrictions (i) pursuant to the Loan Documents, (ii) existing under Applicable Law (iii) identified and fully disclosed in Schedule 10.2.8, (iv) under any documents relating to joint ventures of any Obligor to the extent that such joint ventures are not prohibited hereunder, (v) the foregoing shall not apply to any restrictions in existence prior to the time any such Person became a Subsidiary and not created in contemplation of any such acquisition, (vi) under any agreement relating to the New Senior Notes, or any refinancing or replacement thereof, and (vii) under any agreement relating to Debt incurred under Section 10.2.3(xvii) to the extent not more restrictive than those existing on the date hereof.
Upstream Payments. (2) Each Obligor may declare and make Distributions with respect to its Equity Interests payable solely in additional shares of its Equity Interests so long as the Investors have received at least 10 Business Days’ prior written notice of any record date in respect of such Distribution;
Upstream Payments. As indicated on page thirty-three of the Pioneer Bank Syndicate Presentation dated June 30, 1998, the Company will cause the following to occur by December 31, 1998: (a) Pioneer Capital Corporation will pay $10 million to the Company and (b) Pioneer Funds Distributor, Inc. will pay $8 million to the Company."
Upstream Payments. (b) a Borrower may pay dividends to Guarantor in an amount sufficient to maintain the corporate existence of Guarantor, to pay income taxes and to pay the reasonable out-of-pocket expenses of Guarantor and audit fees and expenses, not to exceed $500,000 per annum in the aggregate;
Upstream Payments. Create or suffer to exist any encumbrance or restriction on the ability of any Subsidiary of Borrower to make any Upstream Payment, except for encumbrances or restrictions (i) pursuant to any of the Other Documents and (ii) existing under Applicable Law.
Upstream Payments. Adverum will be solely responsible for all payments due to Third Parties after the Effective Date pursuant to Upstream Agreements, including, for the avoidance of doubt, the [***] Agreements.
Upstream Payments. 67- 9.23 Filing of Motions and Applications.........................................-67- 9.24 Notices....................................................................-67- 9.25 Further Assurances.........................................................-67- Section 10. EVENTS OF DEFAULT AND REMEDIES.............................................-67- 10.1 Events of Default..........................................................-67- 10.2 Remedies...................................................................-70- Section 11. AGENTS.....................................................................-71- 11.1 Appointment, Authority and Duties of Agents................................-71- 11.2 Agreements Regarding Collateral............................................-73- 11.3 Reliance by Agents.........................................................-73- 11.4 Action Upon Default........................................................-74- 11.5 Ratable Sharing............................................................-75- 11.6 Indemnification of Agents..................................................-75- 11.7 Limitation on Responsibilities of Agents...................................-76- 11.8 Successor Agents and Co-Agents.............................................-76- 11.9 Consents, Amendments and Waivers...........................................-77- 11.10 Due Diligence and Non-Reliance.............................................-79- 11.11 Representations and Warranties of Lenders..................................-79- 11.12 Required Lenders...........................................................-79- 11.13 Several Obligations........................................................-79- 11.14 Agents in Their Individual Capacities......................................-80- 11.15 No Third-Party Beneficiaries...............................................-80- 11.16 Notice of Transfer.........................................................-80- 11.17 Replacement of Certain Lenders.............................................-80- 11.18 Remittance of Payments and Collections.....................................-81- Section 12. BENEFIT OF AGREEMENT; ASSIGNMENTS AND PARTICIPATIONS.......................-81- 12.1 Successors and Assigns.....................................................-81- 12.2 Participations.............................................................-81- 12.3 Assignments................................................................-82- 1...
Upstream Payments. Borrowers shall not create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary to make any Upstream Payment, except for encumbrances or restrictions (i) pursuant to the Financing Agreements and (ii) existing under Applicable Law.
