Restricted Equity Payment means (a) any dividend or other distribution, direct or indirect, on account of any shares of any class of stock of the Borrower now or hereafter outstanding, except a dividend payable solely in Capital Stock of the Borrower (other than Disqualified Capital Stock); (b) any redemption, retirement, sinking fund or similar payment, purchase or other acquisition for value, direct or indirect, of any shares of any class of stock of the Borrower now or hereafter outstanding, other than in exchange for Capital Stock of the Borrower (other than Disqualified Capital Stock); and (c) any payment made to retire, or to obtain the surrender of, any outstanding warrants, options or other rights to acquire shares of any class of stock of the Borrower now or hereafter outstanding.
Restricted Equity Payment means a Restricted Payment of the type described in clauses (x) and (y) of the definition of “Restricted Payment” set forth in the first paragraph of Section 6.4.
Restricted Equity Payment means (a) any dividend or other distribution, direct or indirect, on account of any shares of any class of stock of the Borrower now or hereafter outstanding, except a dividend payable solely in Capital Stock of the Borrower (other than Disqualified Capital Stock) including share exchanges; (b) any redemption, retirement, sinking fund or similar payment, purchase or other acquisition for value, direct or indirect, of any shares of any class of stock of the Borrower now or hereafter outstanding, other than in exchange for Capital Stock of the Borrower (other than Disqualified Capital Stock); and (c) any payment made to retire, or to obtain the surrender of, any outstanding warrants, options or other rights to acquire shares of any class of stock of the Borrower now or hereafter outstanding, other than in exchange for Capital Stock of the Borrower (other than Disqualified Capital Stock).
Examples of Restricted Equity Payment in a sentence
The Borrower will not permit any Consolidated Party to make directly or indirectly any Restricted Debt Payment or any Restricted Equity Payment.
The Borrower will not permit any Consolidated Party to make directly or indirectly any Restricted Equity Payment in excess of an aggregate amount equal to $6,000,000 during any fiscal year.
Declare or make payment of any distributions, interest or dividend on the stock, Equity Interest or other ownership interests of Borrower or repurchase any stock or other ownership interests from any holder, except to the extent that such payments (i) are Restricted Equity Payments, (ii) meet the Restricted Equity Payment Conditions, and (iii) do not exceed $1,000,000 in the aggregate during the term of this Agreement..
From and after the Fourth Amendment Effective Date, without the consent of the Majority Revolving Lenders, the Initial Borrower shall not, and shall not permit any of its Restricted Subsidiaries to, directly or indirectly, make any Restricted Equity Payment pursuant to clause (a)(3)(A) of this Section 7.3 (the “Specified RP Basket”) unless the Total Leverage Ratio, on a Pro Forma Basis as of the most recently completed Test Period, is equal to or less than 4:00 to 1:00.
More Definitions of Restricted Equity Payment
Restricted Equity Payment means any dividend or other distribution (whether in cash, securities or other property) with respect to any equity interest in the Borrower or any of its Subsidiaries, or any payment (whether in cash, securities or other property), including any sinking fund or similar deposit, on account of the purchase, redemption, retirement, acquisition, cancellation or termination of any such equity interest.
Restricted Equity Payment means (a) any dividend or other distribution, direct or indirect, on account of any shares of any class of stock of Holdings or any Borrower now or hereafter outstanding, except a dividend payable solely in Qualified Capital Stock; (b) any redemption, retirement, sinking fund or similar payment, purchase or other acquisition for value, direct or indirect, of any shares of any class of stock of Holdings or any Borrower now or hereafter outstanding, other than in exchange for Qualified Capital Stock; and (c) any payment made to retire, or to obtain the surrender of, any outstanding warrants, options or other rights to acquire shares of any class of stock of Holdings or any Borrower now or hereafter outstanding.
Restricted Equity Payment means a Restricted Payment of the type described inclauses (x) and (y) of the definition of “Restricted Payment” set forth in the first paragraph of Section6.4. “Restricted Junior Debt Payment” means a Restricted Payment of the type described inclause (z) of the definition of “Restricted Payment” set forth in the first paragraph of Section 6.4.“Restricted Payments” has the meaning assigned to such term in the first paragraph ofSection 6.04. “Restricted Subsidiary” means, at any time, any direct or indirect Subsidiary of theBorrower (including any Foreign Subsidiary) that is not then an Unrestricted Subsidiary; provided thatupon the occurrence of an Unrestricted Subsidiary ceasing to be an Unrestricted Subsidiary, suchSubsidiary shall be included in the definition of “Restricted Subsidiary”.“Rule 144A Securities” means any then outstanding securities issued by the Borrower orany of its Subsidiaries eligible for trading in compliance with Rule 144A under the Securities Act.“Sale and Lease-Back Transaction” means any arrangement with any Person providingfor the leasing by the Borrower or any Restricted Subsidiary of any real or tangible personal property,which property has been or is to be sold or transferred by the Borrower or such Restricted Subsidiary tosuch Person in contemplation of such leasing.“S&P” means Standard & Poor’s Financial Services LLC, a division of the XxXxxx-Xxxx Companies, Inc., and any successor to its rating agency business.-45-
Restricted Equity Payment means any dividend or other payment or distribution, direct or indirect, on account of any shares of any class of Capital Stock of any Consolidated Party, now or hereafter outstanding (including without limitation any payment in connection with any merger or consolidation involving any Consolidated Party), or to the direct or indirect holders of any shares of any class of Capital Stock of any Consolidated Party, now or hereafter outstanding, in their capacity as such (other than dividends or distributions payable in the same class of Capital Stock of the applicable Person) or to any Credit Party (directly or indirectly through Subsidiaries).
Restricted Equity Payment is amended in its entirety to read as follows:
Restricted Equity Payment means (a) any dividend or other distribution (whether in cash, securities or other property but not including expenses related to corporate allocations in amounts consistent with past practice), direct or indirect, on account of any shares (or equivalent) of any class of equity interest of any TBG Ops Entity, now or hereafter outstanding, (b) any redemption, retirement, defeasance, sinking fund or similar payment, purchase or other acquisition for value, direct or indirect, of any shares (or equivalent) of any class of equity interest of any TBG Ops Entity, now or hereafter outstanding, and (c) any payment made to retire, or to obtain the surrender of, any outstanding warrants, options or other rights to acquire shares of any class of equity interests of any TBG Ops Entity, now or hereafter outstanding.
Restricted Equity Payment means (i) any dividend or other payment or distribution, direct or indirect, on account of any shares of any class of Capital Stock of any Consolidated Party, now or hereafter outstanding (including without limitation any payment in connection with any merger or consolidation involving any Consolidated Party), or to the direct or indirect holders of any shares of any class of Capital Stock of any Consolidated Party, now or hereafter outstanding, in their capacity as such (other than dividends or distributions payable in the same class of Capital Stock of the applicable Person or to any Credit Party (directly or indirectly through Subsidiaries), (ii) any redemption, retirement, sinking fund or similar payment, purchase or other acquisition for value, direct or indirect, of any shares of any class of Capital Stock of any Consolidated Party, now or hereafter outstanding, and (iii) any payment made to retire, or to obtain the surrender of, any outstanding warrants, options or other rights to acquire shares of any class of Capital Stock of any Consolidated Party, now or hereafter outstanding.