Restricted Payment

Restricted Payment. Means any dividend or other distribution (whether in cash, securities or other property) with respect to any equity interests in the Company or any Subsidiary, or any payment (whether in cash, securities or other property), including any sinking fund or similar deposit, on account of the purchase, redemption, retirement, acquisition, cancellation or termination of any such equity interests or any option, warrant or other right to acquire any such equity interests.

Restricted Payment. Means (i) any Stock Payment by the Company or a Subsidiary, (ii) any Restricted Investment or (iii) any Restricted Debt Prepayment. Notwithstanding the foregoing, Restricted Payments shall not include: (a) payments for goods and services, expenses, rental payments in respect of leased property and payments in respect of loans, provided that, in the case of transactions after the date of this Agreement, the transactions giving rise to such payments are in the ordinary course of business; ... (b) payments by the Company to any Subsidiary or by any Subsidiary to the Company or any other Subsidiary; (c) any Restricted Investments that are no longer outstanding (including Restricted Investments in any Affiliate from and after the date that such Affiliate becomes a Subsidiary); (d) payments by the Company or any Subsidiary of amounts required or permitted to be paid under the Sale and Subservicing Agreements and payments by the Company or any Subsidiary of amounts required or permitted to be paid under any subsequent agreement or agreements governing indebtedness incurred to refund, refinance or replace the Sale and Subservicing Agreements; and (e) mandatory, scheduled or optional payments on the Note. View More

Restricted Payment. Means (i) any distribution on any Junior Stock (other ------------------ than distributions payable solely in such Junior Stock) or (ii) any payment on account of the purchase, redemption, retirement or acquisition of (a) any Junior Stock or (b) any option, warrant, convertible or exchangeable security or other right to acquire Junior Stock.

Restricted Payment. Means (i) any dividend or other distribution, direct or indirect, in respect of any share capital of the Guarantor or any ownership interest of its subsidiaries, now or hereafter outstanding, except (A) a dividend payable solely in share capital of the Guarantor pro rata to all holders or (B) a dividend payable by a subsidiary of the Guarantor to the Guarantor or a direct or indirect wholly-owned subsidiary of the Guarantor, and (ii) any redemption, retirement, purchase or other acquisition,... direct or indirect, of any share capital of the Guarantor or any ownership interest of its subsidiaries, now or hereafter outstanding, or of any warrants, rights or options to acquire any such share capital or other interests; provided, however, that any dividend or other distribution in respect of, or payment made in redemption or other repurchase of, any preferred shares of the Guarantor (other than the Series A Preferred Shares) issued subject to Section 6.1 of the Shareholders Agreement shall not be a Restricted Payment. View More

Restricted Payment. Means (a) any dividend or other distribution, direct or indirect, on account of any shares of any class of stock of the Borrower or any Subsidiary (other than those payable or distributable solely to the Borrower or any Guarantor) now or hereafter outstanding, including without limitation the Preferred Stock, except a dividend payable solely in shares of a class of stock to the holders of that class; (b) any redemption, conversion, ... exchange, retirement or similar payment, purchase or other acquisition for value, direct or indirect, of any Indebtedness, including without limitation the Subordinated Debt, or of any shares of any class of stock of the Borrower or any Subsidiary (other than those payable or distributable solely to the Borrower or any Guarantor) now or hereafter outstanding, including without limitation the Preferred Stock other than with respect to, and specifically excluding, its conversion (other than payments not exceeding $3,500,000 in the aggregate made in connection with purchases in open market transactions of the Borrower's common stock); (c) any payment (other than to the Borrower or any Guarantor) made to redeem, repurchase or retire, or to obtain the surrender of, any outstanding warrants, options or other rights to acquire shares of any class of stock of the Borrower or any Subsidiary now or hereafter outstanding, including without limitation the Preferred Stock (other than (i) payments not exceeding $300,000 paid during the first three Fiscal Quarters of the Fiscal Year ending December 31, 1999 made in connection with the buy out by the Borrower of certain stock options of Ron Wendlinger in the stock of the Borrower and (ii) payments not exceeding $1,000,000 in the aggregate during the term of this Agreement made to Gary S. Goldstein in connection for the purchase of shares of any class of stock of the Borrower; provided that any such payments under (i) above shall be counted, dollar-for-dollar, against the $3,500,000 limit on open market purchases set forth in the parenthetical in subsection (b) of this definition); and (d) any issuance and sale of capital stock of any Subsidiary of the Borrower (or any option, warrant or right to acquire such stock) other than to the Borrower or any Guarantor, except for (i) the sale of the capital stock of WGEL to THL in connection with the THL Stock Purchase; (ii) the issuance of capital stock of TPL to THL in connection E-8 with the THL/TPL Stock Exchange; and (iii) the sale of the capital stock of WGEL by THL to TPL in connection with the THL/TPL Stock Exchange. View More

Restricted Payment. Means (a) any dividend or other distribution (whether in cash, securities or other property) with respect to any shares of any class of capital stock of the Company or any of its Subsidiaries or (b) any payment (whether in cash, securities or other property), including any sinking fund or similar deposit, on account of the purchase, redemption, retirement, acquisition, cancellation or termination of any shares of any class of capital stock of the Company or any Subsidiary or any option, warrant... or other right to acquire any such shares of capital stock of the Company or any Subsidiary. View More

Restricted Payment. Means: (a) any dividend or other distribution, direct or indirect, on account of any Equity Interest of the Guarantors or any of their Subsidiaries now or hereafter outstanding, except a dividend payable solely in Equity Interests of an identical or junior class to the holders of that class; (b) any redemption, conversion, exchange, retirement, sinking fund or similar payment, purchase or other acquisition for value, direct or indirect, of any Equity Interest of the Guarantors or any of their... Subsidiaries now or hereafter outstanding; and (c) any payment made to retire, or to obtain the surrender of, any outstanding warrants, options or other rights to acquire any Equity Interests of the Guarantors or any of their Subsidiaries now or hereafter outstanding, determined in each case in accordance with GAAP. View More

Restricted Payment. Shall mean, except for distributions as provided in the Operating Agreement, the payment or distribution of any cash amounts from the Company to FNDM or any Affiliate of FNDM (other than the Company) in any amount in excess of $100,000 during any consecutive twelve (12) month period ending March 31st commencing with the twelve months ending March 31, 2011 (each an "Anniversary Year"), until the entire Principal Amount of this Note shall have been paid in full.

Restricted Payment. Means: (a) any dividend or other distribution, direct or indirect, on account of any shares of any class of stock of Borrower or any Subsidiary now or hereafter outstanding other than dividends on Preferred Stock; (b) any redemption, conversion, exchange, retirement, sinking fund or similar payment, purchase or other acquisition for value, direct or indirect, of any shares of any class of stock of Borrower or any Subsidiary now or hereafter outstanding; (c) any payment or prepayment of... principal of, premium, if any, or interest on, redemption, conversion, exchange, purchase, retirement, defeasance, sinking fund or similar payment with respect to, any indebtedness other than the Senior Debt and the State of Ohio Loan; provided, however, that with respect to the Senior Debt and the State of Ohio Loan, any payments other than scheduled payments and required reductions of principal; and (d) any payment made to retire, or to obtain the surrender of, any outstanding warrants, other than the Warrants, options or other rights to acquire shares of any class of Capital Stock of a Borrower or any Subsidiary now or hereafter outstanding. View More

Restricted Payment. Means, with respect to any specified Person: (a) the declaration or payment of any dividend or distribution on or in respect of any shares of any class of capital stock of or other equity interests in such specified Person; (b) the purchase, redemption or other retirement of any shares of any class of capital stock of or other equity interest in such specified Person, or of options, warrants or other rights for the purchase of such shares,... directly, indirectly through a subsidiary or corporate parent or otherwise (including any such purchase, redemption or other retirement of any such securities held by employees upon termination of its employment); (c) loans made by such specified Person to any director, shareholder, member, partner, Affiliate, officer or employee of such Person; and (d) all other payments to a holder of any class of capital stock of or other equity interests or subordinated securities in such specified Person or an Affiliate of such Person (other than reimbursement of reasonable out-of-pocket expenses). View More