SECTION 805 Restricted Payments

SECTION 805 Restricted Payments. The Company will not, and will not permit any of its Subsidiaries to, declare or make, or agree to pay or make, directly or indirectly, any Restricted Payment, except (a) the Company may declare and pay dividends with respect to its capital stock payable solely in additional shares of its common stock, (b) the Company may make Restricted Payments pursuant to and in accordance with stock option plans or other benefit plans for management or... employees of the Company and its Subsidiaries, (c) the Company may repurchase or redeem shares of any class of capital stock of the Company issued pursuant to and in accordance with stock option plans or other benefit plans for management or employees or under other option plans of the Company not exceeding $1,000,000 in the aggregate, (d) the Company may declare and pay dividends with respect to its capital stock in an aggregate amount not exceeding the net proceeds of any equity issuance by the Company after the Closing Date (other than the 8% Convertible Preferred Stock) (minus the aggregate amount of any Investments made from such proceeds under Section 8.04(a)(viii)) and (e) the Company may accrue and cumulate (but not pay, except as permitted under clause (d) above) cash dividends on the 8% Convertible Preferred Stock. View More