Additional Stock Issuance. The Company shall not permit any of its Subsidiaries to issue any additional shares of such Subsidiary's capital stock or other equity securities, any options therefor or any securities convertible thereto other than to the Company; PROVIDED, that such Subsidiaries may issue additional shares of its capital stock if after any such issuance the Company has 50% or more of the ordinary voting power for the election of a majority of the members of the board of directors or other governing body of such entity or the Company has, at least, a 50% ownership interest.
Appears in 2 contracts
Samples: Credit and Security Agreement (Sepracor Inc /De/), Revolving Credit and Security Agreement (Biosepra Inc)
Additional Stock Issuance. The Company Borrower shall not permit any of its Subsidiaries to issue any additional shares of such Subsidiary's capital stock or other equity securities, any options therefor or any securities convertible thereto other than to the CompanyBorrower; PROVIDED, that such Subsidiaries may issue additional shares of its capital stock if after any such issuance the Company Borrower or such Subsidiary has 50% or more of the ordinary voting power for the election of a majority of the members of the board of directors or other governing body of such entity or the Company Borrower or such Subsidiary has, at least, a 50% ownership interest.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Biosphere Medical Inc), Revolving Credit Agreement (Sepracor Inc /De/)
Additional Stock Issuance. The Company Borrower shall not permit any of its Subsidiaries to issue any additional shares of such Subsidiary's capital stock or other equity securities, any options therefor or any securities convertible thereto other than to the CompanyBorrower; PROVIDEDprovided, that such Subsidiaries may issue additional shares of its capital stock if after any such issuance the Company Borrower or such Subsidiary has 50% or more of the ordinary voting power for the election of a majority of the members of the board of directors or other governing body of such entity or the Company Borrower or such Subsidiary has, at least, a 50% ownership interest.
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