Issuances of Additional Securities. (a) The Company may not issue additional Company Interests, or classes or series thereof, or options, rights, warrants or appreciation rights relating thereto, or any other type of equity security without the prior written consent of the Board of Managers.
Issuances of Additional Securities. (a) The Company may issue additional Company Interests, or classes or series thereof, or options, rights, warrants or appreciation rights relating thereto, or instruments convertible into Company Interests, or any other type of equity security that the Company may lawfully issue (“Additional Equity Securities”) with the approval of the Board, acting with Super-Majority Board Approval.
Issuances of Additional Securities. (a) The Board is hereby authorized to cause the Company to issue additional Company Interests, or classes or series thereof, or options, rights, warrants or appreciation rights relating thereto, or any other type of equity security that the Company may lawfully issue (“Additional Company Equity Securities”) if the Board of Managers determines in good faith that the Company has a need for additional Capital Contributions for any proper Company purpose.
Issuances of Additional Securities. Notwithstanding anything contained ---------------------------------- herein to the contrary, neither the Partnership nor the General Partner shall issue any securities of the same type as any Securities held by any Securityholder to any recipient that is not a party hereto (other than in connection with a public offering of the Partnership's equity securities registered under the Securities Act) unless the recipient thereof executes the agreements that such recipient would be required to execute pursuant to Section 3 if such recipient were a transferee of such securities, thereby becoming a party hereto and thereto, prior to, or concurrently with, receiving securities of the Partnership or the General Partner. Any issuance or attempted issuance in violation of any provision of this Agreement shall be void, and neither the Partnership nor the General Partner shall record such issuance on its books or treat any purported recipient of such securities as the owner of such securities for any purpose. * * * * *
Issuances of Additional Securities. In connection with the declaration, issuance or consummation of any dividend, spin-off or other distribution or similar transaction by the Company of the capital stock of any of its Subsidiaries, the Company shall cause (i) to the extent that the Voting Preferred Shares and the Warrants remain outstanding, additional shares of voting preferred stock of such Subsidiary and additional warrants of such Subsidiary with substantially similar terms as the Voting Preferred Shares and the Warrants, respectively, to be issued to the Equity Purchaser or one or more of its nominees or its Transferees so that after giving effect to such transaction the Equity Purchaser and its nominees and Transferees have the same interest in voting preferred stock (and voting securities) and warrants in each of the Company and such Subsidiary as they had in the Voting Preferred Shares and the Warrants immediately prior to such transaction and (ii) any such Subsidiary to enter into a securityholders and registration rights agreement with substantially similar terms, conditions, covenants and governance provisions as are provided for in this Agreement with the Equity Purchaser and/or its nominees or any Transferees, as appropriate.
Issuances of Additional Securities. Except as provided in this Agreement and except for options granted pursuant to the Company's 1997 Stock Option Plan (the "Plan") and other convertible securities outstanding on the effective date of, and as described in, the Registration Statement, the Company will not, and will cause any of its subsidiaries not to, sell, offer to sell, solicit an offer to buy, contract to sell or otherwise dispose of any of their respective securities or any securities convertible into or exercisable or exchangeable for any of their respective securities or grant any options or warrants to purchase any of their respective securities, for a period of twelve (12) months after the effective date of the Registration Statement, without the written consent of the Representatives, which consent shall not be unreasonably withheld or delayed. The Underwriters acknowledge that the Company intends to file a Form S-8 registration statement with respect to the granting of the stock options to be issued under the Plan and the sale of the shares of Common Stock underlying such options.
Issuances of Additional Securities. The Company shall be entitled to issue, from time to time, Additional Securities under this Indenture which shall have identical terms as the Initial Securities issued on the Issue Date (other than with respect to the date of issuance, issue price and amount of interest payable on the first payment date applicable thereto). The Initial Securities issued on the Issue Date and any Additional Securities shall be treated as a single class for all purposes under this Indenture. With respect to any Additional Securities, the Company shall set forth in a Board Resolution and an Officers’ Certificate, a copy of each shall be delivered to the Trustee, the following information:
Issuances of Additional Securities. (a) The General Partner is hereby authorized to cause the Partnership to issue, in addition to the Units issued at the time of the formation of the Partnership, such additional Units, or classes or series thereof, or options, rights, warrants or appreciation rights relating thereto, or any other type of equity security that the Partnership may lawfully issue ("Partnership Equity Securities"), any unsecured or secured debt obligations of the Partnership or debt obligations of the Partnership convertible into any class or series of equity securities of the Partnership ("Partnership Debt Securities") (collectively, "Partnership Securities"), upon compliance with this Section 3.2. The General Partner may cause the Partnership to issue such Partnership Securities at any time and from time to time if (i) the Partnership shall have a need for additional Capital Contributions for any proper Partnership purpose and (ii) the General Partner shall provide each existing Limited Partner with the right to acquire such newly-issued Partnership Securities so that such Limited Partner may retain its Sharing Ratio at the time immediately prior to the issuance of such Partnership Securities. Notwithstanding the immediately preceding sentence, the General Partner may waive the requirements thereof in the event that (x) a Majority Interest of the
Issuances of Additional Securities. Section 3.2(a) of the Partnership Agreement is hereby amended to read in its entirety as follows:
Issuances of Additional Securities. (a) The Board is hereby authorized, subject to the limitation set forth in Section 5.4(d), to cause the Company to issue additional Company Interests, or classes or series thereof, or options, rights, warrants or appreciation rights relating thereto, or any other type of equity security that the Company may lawfully issue (“Additional Company Equity Securities”) if the Board of Managers determines in good faith that the Company has a need for additional Capital Contributions for any proper Company purpose; provided that no Additional Company Equity Securities may be issued to any Person until NGP II’s Remaining Commitment has been funded in full or otherwise terminated pursuant to Section 3.1.
