Other Restricted Payments Sample Clauses
Other Restricted Payments. Except as set forth in Section 9.06(a) above, no Borrower shall or shall permit any Borrower Subsidiary to otherwise declare or make any Restricted Payment, except:
(i) [RESERVED];
(ii) cash dividends on the Capital Stock of any Borrower to any other Borrower paid and declared in any Fiscal Year;
(iii) dividends or distributions to the Parent consistent with past practices (A) to pay franchise taxes and other amounts allocable to such Borrower or Borrower Subsidiary required by the Parent to maintain its organizational existence, (B) to pay for all operating and overhead expenses of the Parent allocable to such Borrower or Borrower Subsidiary (including, without limitation, salaries and other compensation of employees, and directors' fees and expenses) incurred by the Parent in the ordinary course of its business, (C) to pay the Parent fees for services provided by the Parent to such Borrower or Borrower Subsidiary that would otherwise have been performed by third parties and (D) to reimburse the Parent for the payment of amounts relating to travel and entertainment expenses and legal, consulting, software, accounting and other similar services provided by third parties on any Borrower or Borrower Subsidiary's behalf; provided, however, that such aggregate dividends or other distributions by all Borrowers and Borrower Subsidiaries pursuant to clause (B) of this Section 9.06(b)(iii) shall not exceed in any Fiscal Year an aggregate of $10,000,000;
(iv) payments or repayments of advances to the Parent pursuant to the Tax Sharing Agreement to the extent consistent with past practices;
(v) cash dividends (or other distributions) paid solely to a Borrower or Borrower Subsidiary by any of such Person's Subsidiaries;
(vi) payments of intercompany Indebtedness (A) by any Borrower Subsidiary (other than a Borrower) to any Credit Party, (B) by any Borrower Subsidiary (other than a Credit Party) to any other Borrower Subsidiary, and (C) by any Credit Party to any Borrower Subsidiary, in each case, to the extent such Indebtedness is permitted by Section 9.01(g) and 9.01(o);
(vii) payments of Indebtedness permitted by Section 9.01(p); and
(viii) payments of principal and interest by the Borrowers and Borrower Subsidiaries with respect to Parent Subordinated Indebtedness so long as after giving effect to any such payment, Liquidity is greater than or equal to $30,000,000; provided, however, that the Restricted Payments described in clauses (iii)(B), (vi)(C), and (vii) ab...
Other Restricted Payments. The Borrower shall not use (nor permit CDOT to use) Pledged Revenues (A) to make any payment in respect of any indebtedness of the Borrower (including Existing Indebtedness), other than Permitted Debt, or (B) to pay for costs associated with any project or facility other than the Project and Segment 2.
Other Restricted Payments. The Parent Company shall not pay or declare any dividends on any of its share capital other than dividends on Permitted Preferred Stock;
Other Restricted Payments. In addition to any Restricted Payments permitted pursuant to Section 6.08, the Borrowers may make Other Restricted Payments.
Other Restricted Payments provided that on a Pro Forma Basis the Total Net Leverage Ratio shall not exceed 2.50:1.00; (f) other Restricted Payments, together with the aggregate amount of Restricted Debt Payments made pursuant to Section 6.08(e), in an aggregate amount not to exceed the greater of (x) $50,000,000 and (y) 15.00% of LTM EBITDA; (g) other Restricted Payments up to the Available Amount; and (h) payment by the Borrower of regular quarterly dividends in respect of the Common Stock of $1.50 per share (to be appropriately adjusted for any stock splits, reverse stock splits or recapitalizations after the Closing Date);
Other Restricted Payments. Company shall not, and shall not permit any of its Restricted Subsidiaries to, directly or indirectly, declare, order, pay, make or set apart any sum for any payment on or with respect to the Senior Notes; provided that (i) on the Closing Date, Company may purchase an aggregate -------- principal amount of $51,000,000 of Senior Notes, pay accrued and unpaid interest thereon and pay tender offer premiums and consent fees related thereto, all as provided pursuant to the Offer and Consent Solicitation, (ii) Company may make regularly scheduled payments of interest in respect of the Senior Notes or refinancing Indebtedness with respect to such Senior Notes incurred pursuant to subsection 7.1(vi) in accordance with the terms of, and only to the extent required by, the Senior Notes Indenture or the agreement governing such refinancing Indebtedness as such indenture or agreement may be amended from time to time to the extent permitted under subsection 7.14C and (iii) so long as no Event of Default or Potential Event of Default shall have occurred and be continuing, Company may redeem an aggregate amount of up to $5,000,000 of principal amount of the Senior Notes after the Closing Date if after giving effect to any such redemption and to any Indebtedness incurred to effect such redemption, there shall be at least $5,000,000 of availability under the Revolving Loan Commitments. 113
Other Restricted Payments provided that on a Pro Forma Basis the Total Net Leverage Ratio shall not exceed 3.00:1.00; (f) other Restricted Payments, together with the aggregate amount of Restricted Debt Payments made pursuant to Section 6.08(e), in an aggregate amount not to exceed the greater of (x) $47,000,000 and (y) 15.00% of LTM EBITDA; (g) other Restricted Payments up to the Available Amount; and (h) payment by the Borrower of regular quarterly dividends in respect of the Common Stock of $2.40 per share (to be appropriately adjusted for any stock splits, reverse stock splits or recapitalizations after the Closing Date); (i) purchases of Equity Interests in any Restricted Subsidiary if such purchase is permitted by Section 6.04; and (j) any purchase of Equity Interests of a Controlled Subsidiary from one or more holders thereof pursuant to an Equity Recycling Transaction; provided that in the case of clauses (e), (f), (g) and (h) above, no Event of Default shall have occurred and be continuing or would result therefrom.
Other Restricted Payments. The Borrowers may make other Restricted Payments subject to the satisfaction of the Payment Condition.
Other Restricted Payments. So long as no Default or Event of Default shall have occurred or be created thereby, the Borrower may pay dividends and distributions to its shareholders so long as the Borrower shall have delivered to the Agent no fewer than five (5) Business Days prior to the date of the proposed Restricted Payment (or such shorter period as the Agent may approve in writing) a pro forma Officer’s Compliance Certificate demonstrating that, after giving effect to such Restricted Payment, the Borrower shall be in compliance with all of the financial covenants set forth in Article 6 (Financial Covenants). For purposes of the aforementioned pro forma calculation, the Borrower shall use the results of operations and financial position reflected on the financial statements most recently delivered under Section 5.1 (Financial Data and Reporting Requirements) adjusted to give pro forma effect to (i) the amount of Indebtedness after giving effect to the Restricted Payment and (ii) the making of the Restricted Payment to the shareholders.
Other Restricted Payments. The Borrower shall not use Pledged Revenues to make any payment in respect of Existing Indebtedness or (B) to pay for costs associated with any project or facility other than (1) Total Project Costs in connection with the Project and (2) costs in connection with Segment 2.