Common use of Restricted Payments, etc Clause in Contracts

Restricted Payments, etc. On and at all times after the Effective Date: (a) the Borrower will not, and will not permit any of its Subsidiaries (other than a wholly-owned Subsidiary) to, declare, pay or make any dividend or distribution (in cash, property or obligations) on any class of equity (now or hereafter outstanding) of the Borrower or such Subsidiary or on any options, warrants or other rights with respect to any interest or shares of any class of capital stock (now or hereafter outstanding) of the Borrower or such Subsidiary or apply any of its funds, property or assets to the purchase, redemption, sinking fund or other retirement of, any class of capital stock (now or hereafter outstanding) of the Borrower, or options, warrants or other rights with respect to any interest or shares of or in any class of capital stock (now or hereafter outstanding) of the Borrower or such Subsidiary (such dividends, distributions or applications being called "DISTRIBUTION PAYMENTS") other than Distribution Payments which do not cause the Borrower to be in violation of the Restricted Payment Tests; and (b) the Borrower will not permit any Subsidiary to make any Distribution Payments other than to the Borrower; and (c) the Borrower will not, and will not permit its Subsidiaries to, make any deposit for any of the foregoing purposes.

Appears in 2 contracts

Sources: Credit Agreement (Esenjay Exploration Inc), Credit Agreement (Esenjay Exploration Inc)

Restricted Payments, etc. On and at all times after the Effective Date: (a) the Borrower Borrowers will not, and will not permit any of its their Subsidiaries (other than a wholly-owned Subsidiary) to, declare, pay or make any dividend or distribution (in cash, property or obligations) on any class of equity (now or hereafter outstanding) of the Borrower or such Subsidiary Borrowers or on any options, warrants options or other rights with respect to any interest or shares of any class of capital stock equity (now or hereafter outstanding) of the Borrower or such Subsidiary Borrowers or apply any of its funds, property or assets to the purchase, redemption, sinking fund or other retirement of, any class of capital stock equity (now or hereafter outstanding) of the BorrowerBorrowers, or options, warrants options or other rights with respect to any interest or shares of or in any class of capital stock equity (now or hereafter outstanding) of the Borrower or such Subsidiary Borrowers (such dividends, distributions or applications being called "DISTRIBUTION PAYMENTSDistribution Payments") other than Distribution Payments which do not cause the Borrower Borrowers to be in violation of the Restricted Payment Tests; and (b) the Borrower Borrowers will not, and will not permit any Subsidiary to of their Subsidiaries to, make any Distribution Payments other than to the a Borrower; and (c) the Borrower Borrowers will not, and will not permit its any of their Subsidiaries (other than a wholly-owned Subsidiary) to, make any deposit for any of the foregoing purposes.

Appears in 2 contracts

Sources: Credit Agreement (Alliance Resources PLC), Credit Agreement (American Rivers Oil Co /De/)

Restricted Payments, etc. On and at all times after the Effective Date: (a) the Borrower will not, and will not permit any of its Subsidiaries (other than a wholly-owned Subsidiary) to, declare, pay or make any dividend or distribution (in cash, property or obligations) on any class or shares of equity any class of partnership interest (now or hereafter outstanding) of the Borrower or such Subsidiary or on any options, warrants or other rights with respect to any interest or shares of any class of partnership interest or capital stock (now or hereafter outstanding) of the Borrower or such Subsidiary or apply any of its funds, property or assets to the purchase, redemption, sinking fund or other retirement of, any class of partnership interest or capital stock (now or hereafter outstanding) of the Borrower, or options, warrants or other rights with respect to any interest or shares of or in any class of partnership interest or capital stock (now or hereafter outstanding) of the Borrower or such Subsidiary (such dividends, distributions or applications being called "DISTRIBUTION PAYMENTSDistribution Payments") other than Distribution Payments which do not cause the Borrower to be in violation of the Restricted Payment Tests; and (b) the Borrower will not permit any Subsidiary to make any Distribution Payments other than to the Borrower; and (c) the Borrower will not, and will not permit its Subsidiaries to, make any deposit for any of the foregoing purposes.

Appears in 1 contract

Sources: Credit Agreement (Future Petroleum Corp/Ut/)

Restricted Payments, etc. On and at all times after the Effective Date:: 75 (a) the Borrower will not, and will not permit any of its Subsidiaries (other than a wholly-owned Subsidiary) to, declare, pay or make any dividend or distribution (in cash, property or obligations) on any class of equity (now or hereafter outstanding) of the Borrower or such Subsidiary or on any options, warrants or other rights with respect to any interest or shares of any class of capital stock (now or hereafter outstanding) of the Borrower or such Subsidiary or apply any of its funds, property or assets to the purchase, redemption, sinking fund or other retirement of, any class of capital stock (now or hereafter outstanding) of the Borrower, or options, warrants or other rights with respect to any interest or shares of or in any class of capital stock (now or hereafter outstanding) of the Borrower or such Subsidiary (such dividends, distributions or applications being called "DISTRIBUTION PAYMENTS") other than Distribution Payments which do not cause the Borrower to be in violation of the Restricted Payment Tests; and (b) the Borrower will not permit any Subsidiary to make any Distribution Payments other than to the Borrower; and (c) the Borrower will not, and will not permit its Subsidiaries to, make any deposit for any of the foregoing purposes.

Appears in 1 contract

Sources: Credit Agreement (Esenjay Exploration Inc)