Acquisition of Capital Stock. Throughout the term of this Agreement, the Beneficiary shall not, directly or indirectly, (i) individually, or as part of a group, acquire, offer or propose to acquire, or agree to acquire, by purchase or otherwise, Beneficial Ownership of any shares of Capital Stock, or direct or indirect rights or options to acquire (through purchase, exchange, conversion or otherwise) Beneficial Ownership of any shares of Capital Stock (except by reason of stock dividends, stock splits, spinoffs, mergers, recapitalizations, combinations, conversions, exchanges of shares, or the like), or (ii) enter into any agreement, arrangement or understanding, other than for the sale of shares of Capital Stock in accordance with Section 3.02 hereof and the Registration Rights Agreement, with any Person, other than the Company, that would have the effect of increasing such Person's or the Beneficiary's Beneficial Ownership in any shares of Capital Stock.
Acquisition of Capital Stock. The Company shall not redeem or acquire any of its own capital stock except through the use of the net proceeds from the simultaneous sale of an equivalent amount of its capital stock.
Acquisition of Capital Stock. Parent is acquiring the Common Stock for its own account and for investment, and not with a view to, or for sale in connection with, any distribution of any of such Common Stock.
Acquisition of Capital Stock. The Company shall not redeem or acquire its own capital stock, or warrants or securities for its capital stock, except through the use of the net proceeds from the simultaneous sale of an equivalent amount of its capital stock for the same purchase or redemption price.
Acquisition of Capital Stock. The Fund shall not, directly or indirectly, (i) individually, or as part of a group, acquire, offer or propose to acquire, or agree to acquire, by purchase or otherwise, Beneficial Ownership of any additional shares of Capital Stock not Beneficially Owned by it on the date of this Agreement, or direct or indirect rights or options to acquire (through purchase, exchange, conversion or otherwise) Beneficial Ownership of any such shares of Capital Stock (except by reason of a stock dividend, stock split, restructuring or recapitalization that in each case has been approved by the Board of Directors) or (ii) enter into any agreement, arrangement or understanding with any Person relating to any sale or other disposition of Capital Stock, other than any agreement, arrangement or understanding (A) with one or more underwriters and the Company as permitted by the Registration Rights Agreement or (B) with any Person that is not prohibited by Section 5.04 below.
Acquisition of Capital Stock. Redeem or acquire any of its own capital stock except through the use of the net proceeds from the simultaneous or prior sale of capital stock for the same or greater purchase or redemption price.
Acquisition of Capital Stock. The Borrower shall not redeem or acquire any of its own capital stock, or any warrants or any securities for its capital stock, except (i) through the use of the net proceeds from the simultaneous sale of an equivalent amount of its capital stock for the same purchase or redemption price, and (ii) up to the Maximum Excess Cash Flow Amount.
Acquisition of Capital Stock. The Company shall not redeem or acquire any of its own capital stock or any options or other interests in respect thereof having an aggregate value in excess of $500,000.00 in any fiscal year, except (a) the purchase or redemption of capital stock in connection with a simultaneous sale of an equivalent or greater amount of capital stock for not less than the same aggregate purchase or redemption price, or (b) up to the aggregate amount of $1,000,000.00 in any fiscal year for the purchase of capital stock, options or other interests in respect thereto using funds escrowed pursuant to the Company's Amended and Restated Executive Deferred Compensation Plan or otherwise pursuant to any of the Company's management incentive plans. None of the Subsidiaries shall redeem or acquire any of its own capital stock.
Acquisition of Capital Stock. The Company will not, and will not permit any of its Subsidiaries to, redeem or acquire any of the Company's capital stock or any options or other interests in respect thereof having an aggregate value in excess of $10,000,000 from the date hereof through the term of this Agreement; provided, however no such redemption or acquisition shall occur during the existence of an Event of Default; except
(a) the purchase or redemption of capital stock in connection with a simultaneous sale of an equivalent or greater amount of capital stock for not less than the same aggregate purchase or redemption price, or (b) up to the aggregate amount of $1,000,000 in any fiscal year for the purchase of capital stock, options or other interests in respect thereto (i) using funds escrowed pursuant to the Company's Amended and Restated Executive Deferred Compensation Plan, as amended from time to time, or any replacement plan therefor in effect from time to time or (ii) pursuant to the Company's or any Restricted Subsidiary's management incentive plans, as amended from time to time, or any replacement plan therefor in effect from time to time. Except for stock owned by the Company, the Company will not permit any of the Subsidiaries to redeem or acquire any of its own capital stock.
Acquisition of Capital Stock. 12 2.1 Series D Preferred Stock Exchange Transactions............12 2.2 Issuance of Capital Stock by the Company..................12 2.3 Acquisition of Series D Preferred Stock by THL; Exchange of Class B Common Stock..........................13 2.4 Closing...................................................14 2.5 Representations and Warranties of the Company.............15
