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Restrictive Covenants

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Restrictive covenants
Provisions that place constraints on the operations of borrowers, such as restrictions on working capital, fixed assets, future borrowing, and payment of dividends.

Restrictive Covenant
A bond covenant that forbids the issuer from taking certain actions. For example, a restrictive covenant may prevent an issuer from issuing more debt until the bond matures. More commonly, a restrictive covenant limits the dividends an issuer may pay to shareholders so as to reduce the risk to the bond. It contrasts with a positive covenant, which requires the issuer to take certain enumerated actions. It is also called a negative covenant.


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Courts will not simply rewrite a covenant to what it subjectively considers reasonable, or employers would draft overly broad restrictive covenants and invite the court to sever any unreasonable parts or read down the covenant to what is reasonable.
[ILLUSTRATION OMITTED] Caption: Clifton Budd & DeMaria's Daniel Moreland (left) and Matthew Siebel hosted a special presentation on Drafting and Enforcing Restrictive Covenants at Yale Club on Vanderbilt Avenue.
RESTRICTIVE covenants can cause havoc to owners of property.
 
 
 
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