Common use of Business Activities; Issuance of Equity Clause in Contracts

Business Activities; Issuance of Equity. Not, and not permit any other Loan Party to, engage in any line of business other than the businesses engaged in on the date hereof and businesses reasonably related thereto. Not, and not permit any other Loan Party to, issue any Capital Securities other than (a) any issuance of shares of the Company’s common Capital Securities pursuant to any employee or director option program, benefit plan or compensation program, and (b) any issuance by a Subsidiary to the Company or another Subsidiary in accordance with Section 11.4.

Appears in 4 contracts

Samples: Credit Agreement (Cpi Corp), Credit Agreement (Cpi Corp), Credit Agreement (Cpi Corp)

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Business Activities; Issuance of Equity. Not, and not permit any other Loan Party to, engage in any line of business other than the businesses engaged in on the date hereof and businesses reasonably related thereto. Not, and not permit any other Loan Party to, issue any Capital Securities other than (a) any issuance of shares of the Company’s common Capital Securities pursuant to any employee or director option program, benefit plan or compensation program, and program or (b) any issuance by a Subsidiary to the Company or another Subsidiary in accordance with Section 11.4.

Appears in 4 contracts

Samples: Credit Agreement, Credit Agreement (Continental Materials Corp), Credit Agreement (Proquest Co)

Business Activities; Issuance of Equity. Not, and not permit any other Loan Party or its Subsidiaries to, engage to any material extent in any line of business other than the businesses engaged in on the date hereof hereof, the business engaged in by the Target on the date hereof, and businesses reasonably related or ancillary thereto. Not, and not permit any other Loan Party (other than the Parent) to, issue any Capital Securities other than (a) any issuance of shares of the Company’s common Capital Securities pursuant to any employee or director option program, benefit plan or compensation program, and (b) any issuance by a Subsidiary to the Company Borrower or another Subsidiary in accordance with Section 11.47.04.

Appears in 3 contracts

Samples: Credit Agreement (Kapstone Paper & Packaging Corp), Credit Agreement (Kapstone Paper & Packaging Corp), Credit Agreement (Kapstone Paper & Packaging Corp)

Business Activities; Issuance of Equity. Not, and not permit any other Loan Party or its Subsidiaries to, engage in any line of business other than the businesses engaged in on the date hereof and businesses reasonably related thereto. Not, and not permit any other Loan Party (other than the Parent) to, issue any Capital Securities other than (a) any issuance of shares of the Company’s common Capital Securities pursuant to any employee or director option program, benefit plan or compensation program, and (b) any issuance by a Subsidiary to the Company Borrower or another Subsidiary in accordance with Section 11.47.04.

Appears in 2 contracts

Samples: Credit Agreement (Kapstone Paper & Packaging Corp), Credit Agreement (Kapstone Paper & Packaging Corp)

Business Activities; Issuance of Equity. Not, and not permit any other Loan Party or any Subsidiary to, engage in any line of business other than the businesses engaged in on the date hereof and businesses reasonably related thereto. Not, and not Not permit any other Loan Party to, Subsidiary to issue any Capital Securities other than (a) any issuance of shares of the Company’s common Capital Securities pursuant to any employee or director option program, benefit plan or compensation program, and (b) any issuance by a Subsidiary to the Company Borrower or another Subsidiary in accordance with Section 11.411.4 and not permit any amendment or modification of existing Capital Securities of any Subsidiary.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Qumu Corp), Term Loan Credit Agreement

Business Activities; Issuance of Equity. Not, and not permit any other Loan Party to, engage in any line of business other than the businesses engaged in on the date hereof and businesses reasonably related thereto. Not, and not Not permit any other Loan Party to, Subsidiary of the Company to issue any Capital Securities other than (a) any issuance of shares of the Company’s common Capital Securities pursuant to any employee or director option program, benefit plan or compensation program, and (b) any issuance by a Subsidiary to the Company or another Subsidiary in accordance with Section 11.4.

Appears in 2 contracts

Samples: Credit Agreement (Huron Consulting Group Inc.), Credit Agreement (Huron Consulting Group Inc.)

Business Activities; Issuance of Equity. Not, and not permit any other Loan Party to, engage in any line of business other than the businesses engaged in on the date hereof and businesses reasonably related thereto. Not, and not permit any other Loan Party to, issue any Capital Securities other than (a) any issuance of shares of the Company’s common Capital Securities pursuant to (provided any employee such issued shares shall not be Disqualified Stock), or director option program, benefit plan or compensation program, and (b) any issuance by a Subsidiary to the Company or another Subsidiary in accordance with Section 11.411.3.

Appears in 2 contracts

Samples: Credit Agreement (Standard Parking Corp), Credit Agreement (Standard Parking Corp)

Business Activities; Issuance of Equity. Not, and not permit any other Loan Party or any Subsidiary to, engage in any line of business other than the businesses engaged in on the date hereof and businesses reasonably related thereto. Not, and not permit any other Loan Party (other than Borrower) or any Subsidiary to, issue any Capital Securities other than (a) any issuance of shares of the Company’s common Capital Securities pursuant to any employee or director option program, benefit plan or compensation program, and (b) any issuance by a Subsidiary to the Company Borrower or another Subsidiary in accordance with Section 11.4.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Qumu Corp), Term Loan Credit Agreement

Business Activities; Issuance of Equity. Not, and not permit any other Loan Party or any Subsidiary to, engage in any line of business other than the businesses engaged in on the date hereof and businesses reasonably related thereto. Not, and not permit any other Loan Party to liquidate or dissolve or permit, allow or suffer to occur a Change of Control. Not, and not permit any Loan Party (other than Borrower) or any Subsidiary to, issue any Capital Securities other than (a) any issuance of shares of the Company’s common Capital Securities pursuant to any employee or director option program, benefit plan or compensation program, and (b) any issuance by a Loan Party or any Subsidiary to the Company another Loan Party or another any Subsidiary in accordance with Section 11.4.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Falconstor Software Inc), Term Loan Credit Agreement (Falconstor Software Inc)

Business Activities; Issuance of Equity. Not, and not permit any other Loan Party to, engage in any line of business other than the businesses engaged in on the date hereof and businesses reasonably related thereto. Not, and not permit any other Loan Party to, issue any Capital Securities other than (a) any issuance of shares of the Company’s 's common Capital Securities pursuant to any employee or director option program, benefit plan or compensation program, and program or (b) any issuance by a Subsidiary to the Company or another Subsidiary in accordance with Section 11.4.

Appears in 2 contracts

Samples: Credit Agreement (Proquest Co), Credit Agreement (Meadowbrook Insurance Group Inc)

Business Activities; Issuance of Equity. Not, and not permit any other Loan Party toor Subsidiary thereof, to engage in any line of business other than the businesses of the Borrowers engaged in on the date hereof and businesses reasonably related related, incidental or complementary thereto. Not, and not permit any other Loan Party or their Subsidiaries to, issue any Capital Securities other than (a) any issuance of shares of the Company’s common Capital Securities pursuant to any employee or director option program, benefit plan or compensation program, and (b) any issuance by a Subsidiary to the Company or another Subsidiary in accordance with Section 11.4Securities.

Appears in 1 contract

Samples: Credit Agreement (Russ Berrie & Co Inc)

Business Activities; Issuance of Equity. Not, and not permit any other Loan Party to, engage in any line of business other than the businesses engaged in on the date hereof and businesses reasonably related thereto. Not, and not permit any other Loan Party to, issue any Capital Securities other than (a) any issuance of shares of the Company’s common 's Capital Securities pursuant to (provided any employee such issued shares shall not be Disqualified Stock), or director option program, benefit plan or compensation program, and (b) any issuance by a Subsidiary to the Company or another Subsidiary in accordance with Section 11.411.3.

Appears in 1 contract

Samples: Credit Agreement (Standard Parking Corp)

Business Activities; Issuance of Equity. Not, and not permit any other Loan Party to, (a) engage in any line of business other than the businesses engaged in on the date hereof and businesses reasonably related thereto. Not, and not permit any other Loan Party to, thereto or (b) issue any Capital Securities other than (a) any issuance of shares of the Company’s common Capital Securities pursuant to any employee or director option program, benefit plan or compensation program, and (b) any issuance by a Subsidiary to the a Company or another Subsidiary in accordance with Section 11.411.5.

Appears in 1 contract

Samples: Credit Agreement (Uti Worldwide Inc)

Business Activities; Issuance of Equity. Not, and not permit any other Loan Party to, (a) engage in any line of business other than the businesses engaged in on the date hereof and businesses reasonably related thereto. Not, and not permit any other Loan Party to, or (b) issue any Capital Securities other than resulting in a Change in Control and except for (ai) any issuance of shares of the Company’s common Capital Securities pursuant to any employee employee, manager or director option program, benefit plan or compensation program, and or (bii) any issuance by a Subsidiary to the Company Borrower or another Subsidiary in accordance with Section 11.4.

Appears in 1 contract

Samples: Credit Agreement (International Baler Corp)

Business Activities; Issuance of Equity. Not, and not permit any other Loan Party to, engage in any line of business other than the businesses engaged in on the date hereof and businesses reasonably related thereto. Not, and not permit any other Loan Party to, issue any Capital Securities other than (a) any issuance of shares of the Company’s common Capital Securities pursuant to any employee Holdings or director option program, benefit plan or compensation program, and (b) any issuance by a Subsidiary to the Company Borrower or another Wholly-Owned Subsidiary in accordance with Section 11.4.

Appears in 1 contract

Samples: Credit Agreement (Cyalume Technologies Holdings, Inc.)

Business Activities; Issuance of Equity. Not, and not permit any other Loan Party to, engage in any line of business other than the businesses engaged in on the date hereof and businesses reasonably related thereto. Not, and not permit any other Loan Party to, issue any Capital Securities other than (a) any issuance of shares of the Company’s common Capital Securities pursuant to any employee or director option program, benefit plan or compensation program, and (b) any issuance by a Subsidiary to the Company or another Subsidiary in accordance with Section 11.4.

Appears in 1 contract

Samples: Credit Agreement (KapStone Paper & Packaging CORP)

Business Activities; Issuance of Equity. Not, and not permit any other Loan Party to, engage in any line of business other than the businesses engaged in on the date hereof and businesses reasonably related and complementary thereto. Not, and not permit any other Loan Party to, issue any Capital Securities other than (a) any issuance of shares of the Company’s common Technologies’ Capital Securities consisting of common stock pursuant to any employee or director option program, benefit plan or compensation program, and program or (b) any issuance by a Subsidiary to the a Company or another a Subsidiary of a Company in accordance with Section 11.4.

Appears in 1 contract

Samples: Credit Agreement (Westell Technologies Inc)

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Business Activities; Issuance of Equity. Not, and not permit any other Loan Party to, engage in any line of business other than the businesses engaged in on the date hereof and businesses reasonably related thereto. Not, and not permit any other Loan Party to, issue any Capital Securities other than (a) any issuance of shares of the Company’s common Capital Securities pursuant to any employee or director option program, benefit plan or compensation program, and (b) any issuance by a Subsidiary to the Company or another Subsidiary in accordance with Section 11.411.5.

Appears in 1 contract

Samples: Loan and Security Agreement (Pernix Group, Inc.)

Business Activities; Issuance of Equity. Not, and not permit any other Loan Party to, engage in any line of business other than the businesses engaged in on contemplated by the date hereof Project and businesses reasonably related thereto. Not, and not permit any other Loan Party to, issue any Capital Securities other than (a) any issuance of shares of the CompanyBorrower’s common Capital Securities pursuant to any employee the extent not giving rise to an Event of Default or director option program, benefit plan or compensation program, and (b) any issuance by a Subsidiary to the Company Borrower or another Subsidiary in accordance with Section 11.4.

Appears in 1 contract

Samples: Credit Agreement (American Railcar Industries, Inc.)

Business Activities; Issuance of Equity. Not, and not permit any other Loan Party to, Not engage in any line of business other than the businesses engaged in on the date hereof and businesses reasonably related thereto. Not, and not permit any other Loan Party to, issue any Capital Securities other than (a) any issuance of shares of the CompanyBorrower’s common Capital Securities pursuant to any employee or director option program, benefit plan or compensation program, and (b) any issuance by a Subsidiary to the Company Borrower or another Subsidiary in accordance with Section 11.4, or (c) in connection with a Permitted Acquisition.

Appears in 1 contract

Samples: Credit Agreement (A-Mark Precious Metals, Inc.)

Business Activities; Issuance of Equity. Not, and not permit any other Loan Party to, engage in any line of business other than the businesses engaged in on the date hereof and businesses reasonably related thereto. Not, and not Not permit any other Loan Party to, to issue any Capital Securities other than (a) any issuance of shares of the Company’s common Capital Securities pursuant to any employee or director option program, benefit plan or compensation program, and program or (b) any issuance by a Subsidiary to the Company or another Subsidiary in accordance with Section 11.4.

Appears in 1 contract

Samples: Credit Agreement (Huron Consulting Group Inc.)

Business Activities; Issuance of Equity. Not, and not permit any other Loan Party to, engage in any line of business other than the businesses engaged in on the date hereof and businesses reasonably related thereto. Not, and not permit any other Loan Party to, issue any Capital Securities other than (a) any issuance of shares of the Company’s common Capital Securities pursuant to any employee or director option program, benefit plan or compensation program, and (b) any issuance by a Subsidiary to the Company or another Subsidiary in accordance with Section 11.4.

Appears in 1 contract

Samples: Credit Agreement (Celadon Group Inc)

Business Activities; Issuance of Equity. Not, and not permit any other Loan Party to, engage in any line of business other than the businesses engaged in on the date hereof Original Closing Date and businesses reasonably related related, complementary or ancillary thereto. Not, and not permit any other Loan Party to, issue any Capital Securities other than (a) any issuance of shares of the Company’s common Capital Securities pursuant to (provided any employee such issued shares shall not be Disqualified Stock), or director option program, benefit plan or compensation program, and (b) any issuance by a Subsidiary to the Company or another Subsidiary in accordance with Section 11.411.3.

Appears in 1 contract

Samples: Credit Agreement (SP Plus Corp)

Business Activities; Issuance of Equity. Not, and not permit any other Loan Party to, engage in any line of business other than the businesses engaged in on the date hereof Closing Date and businesses reasonably related related, complementary or ancillary thereto. Not, and not permit any other Loan Party to, issue any Capital Securities other than (a) any issuance of shares of the Company’s common Capital Securities pursuant to (provided any employee such issued shares shall not be Disqualified Stock), or director option program, benefit plan or compensation program, and (b) any issuance by a Subsidiary to the Company or another Subsidiary in accordance with Section 11.411.3.

Appears in 1 contract

Samples: Credit Agreement (Standard Parking Corp)

Business Activities; Issuance of Equity. Not, and not permit any other Loan Party to, (a) engage in any line of business other than the businesses engaged in on the date hereof and businesses reasonably related thereto. Not, and not permit any other Loan Party to, or (b) issue any Capital Securities other than resulting in a Change in Control and except for (ai) any issuance of shares of the Company’s common Capital Securities pursuant to any employee or director option program, benefit plan or compensation program, and or (bii) any issuance by a Subsidiary to the Company Borrower or another Subsidiary in accordance with Section 11.411.04.

Appears in 1 contract

Samples: Credit Agreement (Janel Corp)

Business Activities; Issuance of Equity. Not, and not permit any other Loan Party to, engage in any line of business other than the businesses engaged in on the date hereof and businesses reasonably related thereto. Not, and not permit any other Loan Party to, issue any Capital Securities other than (a) any issuance of shares of the Company’s Xxxxxxxx'x common Capital Securities pursuant to any employee or director option program, benefit plan or compensation program, and program or (b) any issuance by a Subsidiary to the Company Xxxxxxxx or another Subsidiary in accordance with Section 11.4.

Appears in 1 contract

Samples: Credit Agreement (Reinhold Industries Inc/De/)

Business Activities; Issuance of Equity. Not, and not permit any other Loan Party to, engage in any line of business other than the businesses engaged in on the date hereof and businesses reasonably related thereto. Not, and not permit any other Loan Party to, issue any Capital Securities other than (a) any issuance of shares of the CompanyMOAC’s common Capital Securities pursuant to any employee or director option program, benefit plan or compensation program, and program or (b) any issuance by a Subsidiary to the Company or another Subsidiary in accordance with Section 11.4.

Appears in 1 contract

Samples: Credit Agreement (General Finance CORP)

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