Common use of Dividend Declarations Clause in Contracts

Dividend Declarations. The Borrower will not declare any dividend or distribution that (i) would be paid or scheduled to be paid more than three (3) months from the date of such declaration or (ii) exceeds the Borrower’s reasonably estimated taxable income for the relevant taxable period. Notwithstanding the foregoing, clause (ii) of this Section 6(g) shall not limit any dividend, payment or distribution necessary to maintain the Borrower’sParent’s REIT status, to avoid income tax and to avoid excise tax pursuant to Section 4981 of the Code.

Appears in 2 contracts

Sources: Credit Agreement (Terra Property Trust, Inc.), Credit Agreement (Terra Income Fund 6, LLC)

Dividend Declarations. The Borrower will not declare any dividend or distribution that (i) would be paid or scheduled to be paid more than three (3) months from the date of such declaration or (ii) exceeds the Borrower’s reasonably estimated taxable income for the relevant taxable period. Notwithstanding the foregoing, clause (ii) of this Section 6(g) shall not limit any dividend, payment or distribution necessary to maintain the Borrower’sParentBorrower’s REIT status, to avoid income tax and to avoid excise tax pursuant to Section 4981 of the Code.

Appears in 1 contract

Sources: Credit Agreement (Terra Income Fund 6, Inc.)