Common use of Restricted Payments, etc Clause in Contracts

Restricted Payments, etc. No Credit Party shall, and no Credit Party shall permit any of its Subsidiaries to, make any Restricted Payment, or make any deposit for any Restricted Payment, other than: (a) payments by any Subsidiary of the Borrower to the Borrower or its direct parent so long as such parent is a direct or indirect wholly-owned subsidiary of the Borrower; (b) Restricted Payments by any Credit Party or any of its Subsidiaries to pay dividends with respect to its Capital Stock payable solely in additional shares of its common stock (other than Disqualified Capital Stock); (c) regularly scheduled, non-accelerated payments with respect to Indebtedness subordinated to the Obligations (including, without limitation, seller notes and earnout obligations) permitted by Section 9.01(j) to the extent expressly permitted by the applicable subordination agreement or such other subordination terms with respect thereto; (d) conversion of the 2019 Convertible Notes, the 2023 Convertible Notes, the 2▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Notes and the Third Lien Convertible Notes into equity interests of the Borrower in accordance with the terms thereof; and (e) conversion of the 2▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Notes into the Third Lien Convertible Notes in accordance with the terms thereof.

Restricted Payments, etc. No Credit Party shall, and no Credit Party shall permit any of its Subsidiaries to, make any Restricted Payment, or make any deposit for any Restricted Payment, other than: (a) payments by any Subsidiary of the Borrower to the Borrower or its direct parent so long as such parent is a direct or indirect wholly-owned subsidiary of the Borrower; (b) Restricted Payments by any Credit Party or any of its Subsidiaries to pay dividends with respect to its Capital Stock payable solely in additional shares of its common stock (other than Disqualified Capital Stock); (c) regularly scheduled, non-accelerated payments with respect to Indebtedness subordinated to the Obligations (including, without limitation, seller notes and earnout obligations) permitted by Section 9.01(j) to the extent expressly permitted by the applicable subordination agreement or such other subordination terms with respect thereto;; and (d) conversion of the 2019 Convertible Notes, the 2023 Convertible Notes, the 2▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Notes and the Third Lien 2023 Convertible Notes into equity interests of the Borrower in accordance with the terms thereof; and (e) conversion of the 2▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Notes into the Third Lien Convertible Notes in accordance with the terms thereof.