Common use of Right of Participation Clause in Contracts

Right of Participation. The Company shall not, and shall not permit any direct or indirect subsidiary of the Company (the Company and each such subsidiary, an “Issuer”) to, issue or sell any shares of any of its capital stock or any securities convertible into or exchangeable for any shares of its capital stock, issue or grant any options or warrants for the purchase of, or enter into any agreements providing for the issuance (contingent or otherwise) of, any of its capital stock or any stock or securities convertible into or exchangeable for any shares of its capital stock, in each case, to any Person (each an “Issuance” of “Subject Securities”), except in compliance with the provisions of this Section 5.

Appears in 3 contracts

Samples: Stockholders Agreement (AGY Holding Corp.), Stockholders Agreement (LifeCare Holdings, Inc.), Stockholders Agreement (LCE AcquisitionSub, Inc.)

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Right of Participation. The Subject to Section 2.3, the Company shall not, and shall not permit any direct or indirect subsidiary of the Company (the Company and each such subsidiary, an “Issuer”) to, issue or sell any shares of any of its capital stock or any securities convertible into or exchangeable for any shares of its capital stock, issue or grant any options or warrants for the purchase of, or enter into any agreements providing for the issuance (contingent or otherwise) of, any of its capital stock or any stock or securities convertible into or exchangeable for any shares of its capital stock, in each case, to any Person (each an “Issuance” of “Subject Securities”), except in compliance with the provisions of this Section 52.1 or Section 2.2.

Appears in 3 contracts

Samples: And Coordination Agreement (Sungard Capital Corp), And Coordination Agreement (Sungard Capital Corp Ii), And Coordination Agreement (Sungard Data Systems Inc)

Right of Participation. The Company shall not, and shall not permit any direct or indirect subsidiary of the Company (the Company and each such subsidiary, an “Issuer”) to, issue or sell any shares of any of its capital stock or any securities convertible into or exchangeable for any shares of its capital stock, issue or grant any options or warrants for the purchase of, or enter into any agreements providing for the issuance (contingent or otherwise) of, any of its capital stock or any stock or securities convertible into or exchangeable for any shares of its capital stock, in each case, to any Person Investor or Affiliated Fund (each an “Issuance” of “Subject Securities”), except in compliance with the provisions of this Section 56.1 or 6.2.

Appears in 1 contract

Samples: Stockholders Agreement (Burlington Coat Factory Investments Holdings, Inc.)

Right of Participation. The Subject to Section 2.3, the Company shall not, and shall not permit any direct or indirect subsidiary of the Company (the Company and each such subsidiary, an "Issuer") to, issue or sell any shares of any of its capital stock or any securities convertible into or exchangeable for any shares of its capital stock, issue or grant any options or warrants for the purchase of, or enter into any agreements providing for the issuance (contingent or otherwise) of, any of its capital stock or any stock or securities convertible into or exchangeable for any shares of its capital stock, in each case, to any Person (each an "Issuance" of "Subject Securities"), except in compliance with the provisions of this Section 52.1 or Section 2.2.

Appears in 1 contract

Samples: Participation and Registration Rights Agreement (UGS PLM Solutions Asia/Pacific INC)

Right of Participation. The Subject to Section 5.3, the Company shall not, and shall not permit any direct or indirect subsidiary of the Company (the Company and each such subsidiary, an “Issuer”) to, issue or sell any shares of any of its capital stock or any securities convertible into or exchangeable for any shares of its capital stock, issue or grant any options or warrants for the purchase of, or enter into any agreements providing for the issuance (contingent or otherwise) of, any of its capital stock or any stock or securities convertible into or exchangeable for any shares of its capital stock, in each case, to any Person (each an “Issuance” of “Subject Securities”), except in compliance with the provisions of this Section 55.1 or Section 5.2.

Appears in 1 contract

Samples: Stockholders Agreement (LEM America, Inc)

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Right of Participation. The Company shall not, and shall not permit any direct or indirect subsidiary Subsidiary of the Company (the Company and each such subsidiarySubsidiary, an “Issuer”) to, issue or sell any shares of any of its capital stock or any securities convertible into or exchangeable for any shares of its capital stock, issue or grant any options or warrants for the purchase of, or enter into any agreements providing for the issuance (contingent or otherwise) of, any of its capital stock or any stock or securities convertible into or exchangeable for any shares of its capital stock, in each case, to any Person Investor, Co-Investor or Affiliated Fund or any Affiliate of the foregoing (each an “Issuance” of “Subject Securities”), except in compliance with the provisions of this Section 55.1 or 5.2.

Appears in 1 contract

Samples: Stockholders Agreement (Music123, Inc.)

Right of Participation. The Company shall not, and shall not permit any direct or indirect subsidiary of the Company (the Company and each such subsidiary, an “Issuer”) to, issue or sell any shares of any of its capital stock or any securities convertible into or exchangeable for any shares of its capital stock, issue or grant any options or warrants for the purchase of, or enter into any agreements providing for the issuance (contingent or otherwise) of, any of its capital stock or any stock or securities convertible into or exchangeable for any shares of its capital stock, in each case, to any Person (each an “Issuance” of “Subject Securities”), except in compliance with the provisions of this Section 5Section. 6.

Appears in 1 contract

Samples: Management Stockholders Agreement (LCE AcquisitionSub, Inc.)

Right of Participation. The Company shall not, and shall not permit any direct or indirect subsidiary of the Company (the Company and each such subsidiary, an “Issuer”) to, issue or sell any shares of any of its capital stock or any securities convertible into or exchangeable for any shares of its capital stock, issue or grant any options or warrants for the purchase of, or enter into any agreements providing for the issuance (contingent or otherwise) of, any of its capital stock or any stock or securities convertible into or exchangeable for any shares of its capital stock, in each case, to any Person Investor or Affiliated Fund (each an “Issuance” of “Subject Securities”), except in compliance with the provisions of this Section 56.1 or 6.2.

Appears in 1 contract

Samples: Stockholders Agreement (Burlington Coat Factory Investments Holdings, Inc.)

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