Common use of Use and Condition Clause in Contracts

Use and Condition. (a) So long as no Default or Event of Default shall exist, the Debtor shall be entitled to receive and retain any cash dividends distributed in respect of the Pledged Securities, provided that any: (i) non-cash dividends, instruments, and other property received or otherwise distributed in respect of or in substitution for any Pledged Securities; (ii) cash dividends and other distributions in connection with a partial or total liquidation or dissolution of an issuer of any Pledged Securities or in connection with a reduction of capital, capital surplus, or paid-in-surplus of an issuer of Pledged Securities; and (iii) cash distributed in respect of a redemption of principal of, or in exchange for, any Pledged Securities, shall be promptly delivered to the Secured Party for disposition in accordance with Section 4.3 hereof and shall, if received by the Debtor, be received in trust for the benefit of the Secured Party, be segregated from the other property or funds of the Debtor, and be promptly delivered to the Secured Party as Collateral in the same form as so received, with any necessary endorsement. (b) With regard to the Pledged Securities, so long as no Default or Event of Default shall exist, the Debtor shall be entitled to exercise its respective voting and other consensual rights pertaining to the Pledged Securities for any purpose not inconsistent with the terms of this Agreement. The Secured Party shall execute and deliver (or cause to be executed and delivered) to the Debtor all proxies and other instruments that the Debtor may reasonably request to enable the Debtor to exercise the voting and other rights which it is entitled to exercise hereunder and to receive the dividends or interest payments which it is authorized to receive and retain hereunder.

Use and Condition. (a) So long as no Default or Event of Default shall existexist and until the Borrower has received notice from the Secured Party pursuant to Section 4.1(c) of this Agreement (which notice the Borrower shall promptly forward to the other Pledgors), the Debtor each Pledgor shall be entitled to receive and retain any cash dividends distributed in respect of the Pledged SecuritiesSecurities of such Pledgor, provided that any: (i) non-cash dividends, instruments, and other property received or otherwise distributed in respect of or in substitution for any such Pledged Securities; (ii) cash dividends and other distributions in connection with a partial or total liquidation or dissolution of an issuer of any such Pledged Securities or in connection with a reduction of capital, capital surplus, or paid-in-surplus of an issuer of such Pledged Securities; and (iii) cash distributed in respect of a redemption of principal of, or in exchange for, any such Pledged Securities, shall be promptly delivered to the Secured Party for disposition in accordance with Section 4.3 hereof and shall, if received by the Debtorany Pledgor, be received in trust for the benefit of the Secured Party, be segregated from the other property or funds of the Debtorsuch Pledgor, and be promptly delivered to the Secured Party as Collateral in the same form as so received, with any necessary endorsement. (b) With regard to the Pledged SecuritiesSecurities of each Pledgor, so long as no Default or Event of Default shall existexist and until the Borrower has received notice from the Secured Party pursuant to Section 4.1(d) of this Agreement (which notice the Borrower shall promptly forward to the other Pledgors), the Debtor each Pledgor shall be entitled to exercise its respective any voting and other consensual rights pertaining to the Pledged Securities of such Pledgor for any purpose not inconsistent with the terms of this Agreement. The Secured Party shall execute and deliver (or cause to be executed and delivered) to the Debtor such Pledgor all proxies and other instruments that the Debtor such Pledgor may reasonably request to enable the Debtor such Pledgor to exercise the voting and other rights which it is entitled to exercise hereunder and to receive the dividends or interest payments which it is authorized to receive and retain hereunder.

Use and Condition. (a) So long as no Default or Event of Default shall existexist and be continuing and until the Borrower has received notice from the Secured Party pursuant to Section 4.1(c) of this Agreement (which notice the Borrower shall promptly forward to the Pledgors), the Debtor each Pledgor shall be entitled to receive and retain any cash dividends or distributions distributed in respect of the Pledged SecuritiesInterests of such Pledgor, provided that any: (i) non-cash dividends, distributions, instruments, and other property received or otherwise distributed in respect of or in substitution for any such Pledged SecuritiesInterests; (ii) cash dividends and other distributions in connection with a partial or total liquidation or dissolution of an issuer of any Pledged Securities Partnership or in connection with a reduction of capital, capital surplus, or paid-in-surplus of an issuer of Pledged Securities; and (iii) cash distributed in respect of a redemption of principal of, or in exchange for, any Pledged Securities, shall be promptly delivered to the Secured Party for disposition in accordance with Section 4.3 hereof and shall, if received by the Debtor, be received in trust for the benefit of the Secured Party, be segregated from the other property or funds of the Debtor, and be promptly delivered to the Secured Party as Collateral in the same form as so received, with any necessary endorsement. (b) With regard to the Pledged SecuritiesInterests of each Pledgor, so long as no Default or Event of Default shall existexist and be continuing and until the Borrower has received notice from the Secured Party pursuant to Section 4.1(d) of this Agreement (which notice the Borrower shall promptly forward to the Pledgors), the Debtor each Pledgor shall be entitled to exercise its respective any voting and other consensual rights pertaining to the Pledged Securities Interests of such Pledgor for any purpose not inconsistent with the terms of this Agreement. The Secured Party shall execute and deliver (or cause to be executed and delivered) to the Debtor all proxies and other such Pledgor any instruments that the Debtor such Pledgor may reasonably request to enable the Debtor such Pledgor to exercise the voting and other rights which it is entitled to exercise hereunder and to receive the dividends dividends, distributions, or interest payments which it is authorized to receive and retain hereunder.

Use and Condition. (a) So long as no Default or Event of Default shall existexist and until the Pledgors have received notice from the Secured Party pursuant to Section 4.1(c) of this Agreement, the Debtor Pledgors shall be entitled to receive and retain any cash dividends distributed in respect of the Pledged Securities; provided that, provided that unless the Pledgors obtain the prior written consent of the Secured Party, any: (i) non-cash dividends, instruments, and other property received or otherwise distributed in respect of or in substitution for any Pledged Securities; (ii) cash dividends and other distributions in connection with a partial or total liquidation or dissolution of an the issuer of any Pledged Securities or in connection with a reduction of capital, capital surplus, or paid-in-surplus of an issuer of the Pledged Securities; and (iii) cash distributed in respect of a redemption of principal of, or in exchange for, any Pledged Securities, shall be promptly delivered to the Secured Party for disposition in accordance with Section 4.3 hereof and shall, if received by the DebtorPledgors, be received in trust for the benefit of the Secured Party, be segregated from the other property or funds of the DebtorPledgor, and be promptly delivered to the Secured Party. (a) The Pledgors shall not permit AMS to declare or distribute, and AMS shall not declare or distribute, cash dividends or other distributions during any fiscal quarter or fiscal year of AMS, as applicable, in excess of, in the aggregate, the net income of AMS for such fiscal quarter or fiscal year, as applicable. Any dividends or distributions made in violation of the foregoing shall be promptly delivered to the Secured Party as Collateral in prepayment of the same form as so received, with any necessary endorsementNotes. (b) With regard to the Pledged Securities, so long as no Default or Event of Default shall existexist and until the Pledgors have received notice from the Secured Party pursuant to Section 4.1(d) of this Agreement, the Debtor Pledgors shall be entitled to exercise its respective any voting and other consensual rights pertaining to the Pledged Securities for any purpose not inconsistent with the terms of this Agreement. The Secured Party shall execute and deliver (or cause to be executed and delivered) to the Debtor Pledgors all proxies and other instruments that the Debtor Pledgors may reasonably request to enable the Debtor Pledgors to exercise the voting and other rights which it is entitled to exercise hereunder and to receive the dividends or interest payments dividends, which it is they are authorized to receive and retain hereunder.

Use and Condition. (a) So long The Debtor agrees that it will cause each issuer of any Pledged Securities not to issue any stock or other securities in addition to or in substitution for the Pledged Securities existing as no Default or Event of Default shall exist, the Debtor shall be entitled to receive and retain any cash dividends distributed in respect of the Pledged Securitiesdate hereof that are listed on Schedule I. ---------- Debtor agrees that it shall not (i) sell, provided that any: assign, or otherwise dispose of, or grant any option with respect to, any of the Collateral, except as permitted by the Credit Agreement, or (ii) create or permit to exist any Lien upon or with respect to any of the Collateral, except for Permitted Liens. Any (i) non-cash dividends, instruments, documents, chattel paper, and other property received or otherwise distributed in respect of or in substitution for any Pledged Securities; (ii) cash dividends and other distributions in connection with a partial or total liquidation or dissolution of an issuer of any Pledged Securities or in connection with a reduction of capital, capital surplus, or paid-in-surplus of an issuer of any Pledged Securities; and (iii) cash distributed in respect of a redemption of principal of, or in exchange for, any Pledged Securities, shall be promptly delivered to the Secured Party for disposition in accordance with Section 4.3 hereof and shall, if received by the Debtor, be received in trust for the benefit of the Secured Party, be segregated from the other property or funds of the Debtor, and be promptly delivered to the Secured Party as Collateral in the same form as so received, with any necessary endorsement. (b) With regard to . Notwithstanding the Pledged Securitiespledge in Section 2.1, so long as no Default or Event of Default shall existhave occurred and be continuing, the Debtor shall be entitled to receive and retain any and all cash dividends distributed in respect of the Pledged Securities and to exercise its respective any voting and other consensual rights pertaining to the Pledged Securities for any purpose not inconsistent with the terms of this Agreement; provided, that the Debtor shall not exercise or shall refrain from exercising any such right if, in the Secured Party's judgment, such action would have a materially adverse effect on the value of the Pledged Securities. The Secured Party shall execute and deliver (or cause to be executed and delivered) to the Debtor all proxies and other instruments that the Debtor may reasonably request to enable the Debtor to exercise the voting and other rights which it is entitled to exercise hereunder and to receive the dividends or interest payments which it is authorized to receive and retain hereunder.

Use and Condition. (a) So long as no Default or Event of Default shall exist, the Debtor Pledgor shall be entitled to receive and retain any cash dividends distributed to Pledgor in respect of the Pledged Securities, Securities provided that any: (i) non-cash dividends, instruments, and other property received or otherwise distributed in respect of or in substitution for any Pledged Securities; (ii) cash dividends and other distributions in connection with a partial or total liquidation or dissolution of an issuer of any Pledged Securities or in connection with a reduction of capital, capital surplus, or paid-in-surplus of an issuer of Pledged Securities; and (iii) cash distributed in respect of a redemption of principal of, or in exchange for, any Pledged Securities, in each case shall be promptly delivered to the Secured Party (A) to the extent the same constitutes Pledged Securities, to be held by Secured Party as Collateral under this Agreement and (B) as to cash and other property, for disposition in accordance with Section 4.3 hereof and shall, if received by the DebtorPledgor, be received in trust for the benefit of the Secured Party, be segregated from the other property or funds of the DebtorPledgor, and be promptly delivered to the Secured Party as Collateral in the same form as so received, with any necessary endorsement. (b) With regard to the Pledged Securities, so long as no Default or Event of Default shall exist, the Debtor exist Pledgor shall be entitled to exercise its respective any voting and other consensual rights pertaining to the Pledged Securities for any purpose not materially inconsistent with the terms of this AgreementAgreement or the other Transaction Documents and Loan Documents. The Secured Party shall execute and deliver (or cause to be executed and delivered) to the Debtor Pledgor all proxies and other instruments that the Debtor Pledgor may reasonably request to enable the Debtor Pledgor to exercise the voting and other rights which it is entitled to exercise hereunder and to receive the dividends dividends, distribution, or interest payments which it is authorized to receive and retain hereunder.