Common use of Restricted Payment Clause in Contracts

Restricted Payment. In relation to each of the Borrowers and their ------------------ Subsidiaries, any (a) Distribution, (b) payment or prepayment by any of the Borrowers or their Subsidiaries to such Borrower's or such Subsidiary's shareholders (or other equity holders), in each case, other than to such Borrower, or to any Affiliate of such Borrower or any Subsidiary or any Affiliate of such Borrower's or such Subsidiary's shareholders (or other equity holders), in each case, other than to such Borrower or (c) derivatives or other transactions with any financial institution, commodities or stock exchange or clearinghouse (a "Derivatives Counterparty") obligating any Borrower or any ----------- ------------ Subsidiary to make payments to such Derivatives Counterparty as a result of any change in market value of any Capital Stock of such Borrower or such Subsidiary.

Restricted Payment. In relation to each of the Borrowers and their ------------------ Subsidiaries, any (a) Distribution, (b) payment or prepayment by any of the Borrowers or their Subsidiaries to such Borrowerthe Borrowers' or any Subsidiary's shareholders (or other equity holders), in each case, other than to the Borrowers, or to any Affiliate of the Borrowers or any Subsidiary or any Affiliate of the Borrowers' or such Subsidiary's shareholders (or other equity holders), in each case, other than to such Borrower, or to any Affiliate of such Borrower or any Subsidiary or any Affiliate of such Borrower's or such Subsidiary's shareholders (or other equity holders), in each case, other than to such Borrower the Borrowers or (c) derivatives or other transactions with any financial institution, commodities or stock exchange or clearinghouse (a "Derivatives Counterparty") obligating any Borrower the Borrowers or any ----------- ------------ Subsidiary to make payments to such Derivatives Counterparty as a result of any change in market value of any Capital Stock of such Borrower the Borrowers or such Subsidiary.

Restricted Payment. In relation to each of the Borrowers and their ------------------ Subsidiaries, any (a) Distribution, (b) payment or prepayment by any of the Borrowers or their Subsidiaries to such any of the Borrower's ’s or such any Subsidiary's ’s shareholders (or other equity holders), in each case, other than to such Borrowerthe Borrowers, or to any Affiliate of such Borrower any of the Borrowers or any Subsidiary or of any Affiliate of such Borrower's any of the Borrowers or such Subsidiary's ’s shareholders (or other equity holders), in each case, other than to such Borrower or (c) derivatives or other transactions with any financial institution, commodities or stock exchange or clearinghouse (a "“Derivatives Counterparty"”) obligating any Borrower of the Borrowers or any ----------- ------------ Subsidiary to make payments to such Derivatives Counterparty as a result of any change in market value of any Capital Stock of such Borrower any of the Borrowers or such Subsidiary.

Restricted Payment. In relation to each of the Borrowers and their ------------------ the Excluded Subsidiaries, any (a) Distribution, (b) payment or prepayment by any of the Borrowers Borrower or their Subsidiaries any Subsidiary to (i) such Borrower's Borrowers’ or such Subsidiary's Subsidiaries shareholders (or other equity holders), in each case, other than to such another Borrower, or (ii) to any Affiliate of such Borrower or any such Subsidiary or any Affiliate of such Borrower's ’s or such Subsidiary's ’s shareholders (or other equity holders), in each case, other than to such another Borrower or (c) derivatives or other transactions with any financial institution, commodities or stock exchange or clearinghouse (a "“Derivatives Counterparty"”) obligating any such Borrower or any ----------- ------------ such Subsidiary to make payments to such Derivatives Counterparty as a result of any change in market value of any Capital Stock capital stock of such Borrower or such Subsidiary.

Restricted Payment. In relation to each of the Borrowers and their ------------------ Subsidiaries, any (a) Distribution, (b) payment or prepayment by any Borrower or any of the Borrowers or their its Subsidiaries of any amounts to such Borrower's ’s or such Subsidiary's shareholders (’s equity holders or other to any Affiliates of such equity holders)holders or of such Borrower, in each case, other than to such a Borrower, or to any Affiliate of such Borrower or any Subsidiary or any Affiliate of such Borrower's or such Subsidiary's shareholders (or other equity holders), in each case, other than to such Borrower or (c) payment or prepayment of any amounts in respect of the Convertible Preferred Stock or any Subordinated Debt, (d) payments in respect of derivatives or other transactions with any financial institution, commodities or stock exchange or clearinghouse (a "“Derivatives Counterparty"”) obligating any a Borrower or any ----------- ------------ Subsidiary of its Subsidiaries to make payments to such Derivatives Counterparty as a result of any change in market value of any Capital Stock Equity Interests of such Borrower or such Subsidiary, or (e) Management Fees or any other payments to any Sponsor.

Restricted Payment. In relation to each of the Borrowers and their ------------------ Subsidiaries, any (a) Distribution, (b) payment or prepayment by a Borrower or any of the Borrowers or their Subsidiaries to such Borrower's ’s or such Subsidiary's ’s shareholders (or other equity holders), holders (in each case, other than to such a Borrower), or to any Affiliate of such a Borrower or any Subsidiary or any Affiliate of such a Borrower's ’s or such Subsidiary's ’s shareholders (or other equity holders), holders (in each case, other than to such Borrower a Borrower), or (c) derivatives or other transactions with any financial institution, commodities or stock exchange or clearinghouse (a "“Derivatives Counterparty"”) obligating any a Borrower or any ----------- ------------ Subsidiary of a Borrower to make payments to such Derivatives Counterparty as a result of any change in market value of any Capital Stock of such Borrower any Borrower, or such Subsidiaryany Subsidiary of a Borrower.

Restricted Payment. In relation to each of the Borrowers and their ------------------ the De Minimis Subsidiaries, any (a) Distribution, (b) payment or prepayment by any of the Borrowers Borrower or their Subsidiaries any Subsidiary to (i) such Borrower's Borrowers' or such Subsidiary's Subsidiaries shareholders (or other equity holders), in each case, other than to such another Borrower, or (ii) to any Affiliate of such Borrower or any such Subsidiary or any Affiliate of such Borrower's or such Subsidiary's shareholders (or other equity holders), in each case, other than to such another Borrower or (c) derivatives or other transactions with any financial institution, commodities or stock exchange or clearinghouse (a "Derivatives Counterparty") obligating any such Borrower or any ----------- ------------ such Subsidiary to make payments to such Derivatives Counterparty as a result of any change in market value of any Capital Stock capital stock of such Borrower or such Subsidiary.