Capital Securities Sample Clauses

Capital Securities. Holdings will not permit either Borrower, and each Borrower will not, and will not permit any of their respective Subsidiaries to, (i) issue any Capital Securities (whether for value or otherwise) to any Person other than (in the case of Subsidiaries) either Borrower or another wholly owned Restricted Subsidiary thereof or (ii) become liable in respect of any obligation (contingent or otherwise) to purchase, redeem, retire, acquire or make any other payment in respect of any Capital Securities of Holdings, either Borrower or any Subsidiary or any option, warrant or other right to acquire any such Capital Securities, in each case, other than (A) in connection with any Permitted Equity Exchange of the types described in clauses (i), (ii), (iii), (v)(A) or (vi) of the definition thereof (provided, however, (1) in the case of such clauses (ii) and (v)(A), Holdings makes capital contributions of all of the Capital Securities received by it in connection with each such exchange to WRC and WRC contemporaneously with the receipt thereof pledges and delivers such Capital Securities to the Administrative Agent, together with stocks powers duly executed in blank, all in accordance with the terms of the Security and Pledge Agreement and (2) in the case of such clause (vi), Holdings contemporaneously with the receipt of Capital Securities of WRC and/or CLI in connection with such Permitted Equity Exchange pledges and delivers such Capital Securities to the Administrative Agent, together with stocks powers duly executed in blank, all in accordance with the terms of the Security and Pledge Agreement) and (B) the issuance by Holdings or WRC of common stock in connection with a Public Offering. Notwithstanding anything to the contrary herein, the aggregate liquidation preference of all shares of Capital Securities (excluding any common equity and the WRC Mirror PIK Preferred but including the PIK Preferred Equity, the WRC PIK Preferred Equity, if any, and the CLI PIK Preferred Equity, if any) held by persons other than Holdings or any of its Subsidiaries shall not exceed the sum of (x) $75,000,000, (y) any accrued but unpaid dividends on the PIK Preferred Equity and (z) the aggregate liquidation preference of additional PIK Preferred Equity issued in lieu of cash dividends on the PIK Preferred Equity.

Capital Securities. The Capital Securities of the Trust have an aggregate liquidation amount with respect to the assets of the Trust of up to four hundred thirty-one million two hundred fifty thousand dollars ($431,250,000) with respect to the closing of the sale of Capital Securities on one or more occasions. The Capital Securities are hereby designated for identification purposes only as “6.35% Trust Preferred Securities” (the “Capital Securities”). The Capital Security Certificates evidencing the Capital Securities shall be substantially in the form of Exhibit A to this Trust Agreement, with such changes and additions thereto or deletions therefrom as may be required by ordinary usage, custom or practice or to conform to the rules of any stock exchange on which the Capital Securities are listed or quoted.

Capital Securities. The Capital Securities of the Trust have an aggregate liquidation amount with respect to the assets of the Trust of up to $25 with respect to the closing of the sale of Capital Securities on one (1) or more occasions. The Capital Securities are hereby designated for identification purposes only as "[_____]% Capital Securities" (the "Capital Securities"). The Capital Security Certificates evidencing the Capital Securities shall be substantially in the form of EXHIBIT A to this Trust Agreement, with such changes and additions thereto or deletions therefrom as may be required by ordinary usage, custom or practice or to conform to the rules of any stock exchange on which the Capital Securities are listed or quoted.

Capital Securities. All Capital Securities, debentures, bonds, notes and all other securities of each Loan Party and their respective Subsidiaries presently issued and outstanding are validly and properly issued in accordance with all applicable laws, including, but not limited to, the “Blue Sky” laws of all applicable states and the federal securities laws. The issued shares of Capital Securities of each of the Loan Party’s respective Subsidiaries are owned by the Loan Parties free and clear of any lien or adverse claim other than Liens granted pursuant to the Collateral Documents and Liens with respect to the Capital Securities of any SPV Subsidiary.

Capital Securities. Series A Capital Securities of the Trust with an aggregate liquidation amount with respect to the assets of the Trust of _______________ dollars ($__________), and with a liquidation amount with respect to the assets of the Trust of $__________ per security, are hereby designated for the purposes of identification only as "_____% Capital Securities, Series A" (collectively, the "Capital Securities"). The certificates evidencing the Capital Securities shall be substantially in the form of Exhibit A-1 to the Trust Agreement, with such changes and additions thereto or deletions therefrom as may be required by ordinary usage, custom or practice or to conform to the rules of any exchange or quotation system on or in which the Capital Securities are listed, traded or quoted.

Capital Securities. Series A Capital Securities of the Trust with an aggregate liquidation amount with respect to the assets of the Trust of dollars ($ ), and with a liquidation amount with respect to the assets of the Trust of $ per security, are hereby designated for the purposes of identification only as “ % Capital Securities, Series A” (collectively, the “Capital Securities”). The certificates evidencing the Capital Securities shall be substantially in the form of Exhibit A-1 to the Trust Agreement, with such changes and additions thereto or deletions therefrom as may be required by ordinary usage, custom or practice or to conform to the rules of any exchange or quotation system on or in which the Capital Securities are listed, traded or quoted.

Capital Securities. The Equityholder agrees that it will not accept any Capital Securities of the Issuer or any rights or options to acquire any such Capital Securities, each in addition to or in substitution for the Issuer Pledged Collateral, without prior written consent from the Trustee pursuant to Section 9.1 or Section 9.2 of the Indenture, as applicable, unless the foregoing are pledged to the Trustee pursuant hereto.

Capital Securities. The Capital Securities have been duly authorized by the Declaration and, when authenticated in the manner provided for in the Declaration and issued and delivered pursuant to this Agreement against payment of the consideration set forth herein, will be validly issued and (subject to the terms of the Declaration) fully paid and nonassessable undivided beneficial interests in the assets of the Trust; the issuance of the Capital Securities is not subject to preemptive or other similar rights; and holders of Capital Securities will be entitled to the same limitation of personal liability extended to stockholders of private corporations for profit incorporated under the General Corporation Law of the State of Delaware.

Capital Securities. 3 Commission............................................................. 3