Capital Securities of Subsidiaries. No Grantor will allow any of its Subsidiaries: (a) that is a corporation, business trust, joint stock company or similar Person, to issue Uncertificated Securities; (b) that is a partnership or limited liability company, to (i) issue Capital Securities that are to be dealt in or traded on securities exchanges or in securities markets, (ii) expressly provide in its Organization Documents that its Capital Securities are securities governed by Article 8 of the UCC, or (iii) place such Subsidiary’s Capital Securities in a Securities Account; and (c) to issue Capital Securities in addition to or in substitution for the Capital Securities pledged hereunder, except to such Grantor (and such Capital Securities are immediately pledged and delivered to the Collateral Agent pursuant to the terms of this Security Agreement).
Appears in 4 contracts
Samples: Credit Agreement (SWIFT TRANSPORTATION Co), Credit Agreement (SWIFT TRANSPORTATION Co), Credit Agreement (Swift Transportation Co)
Capital Securities of Subsidiaries. No Grantor will allow any of its Subsidiaries:
(a) that is a corporation, business trust, joint stock company or similar Person, to issue Uncertificated Securities;
(b) that is a partnership or limited liability company, to (i) issue Capital Securities that are to be dealt in or traded on securities exchanges or in securities markets, (ii) expressly provide in its Organization Organic Documents that its Capital Securities are securities governed by Article 8 of the UCC, or (iii) place such Subsidiary’s Capital Securities in a Securities Account; and
(c) to issue Capital Securities in addition to or in substitution for the Capital Securities pledged hereunder, except to such Grantor (and such Capital Securities are immediately pledged and delivered to the Collateral Administrative Agent pursuant to the terms of this Security Agreement).
Appears in 3 contracts
Samples: Pledge and Security Agreement (Verrica Pharmaceuticals Inc.), Credit Agreement (Acutus Medical, Inc.), Pledge and Security Agreement (Acutus Medical, Inc.)
Capital Securities of Subsidiaries. No Grantor will allow any of its Subsidiaries:
(a) that is a corporation, business trust, joint stock company or similar Person, to issue Uncertificated Securities;
(b) that is a partnership or limited liability company, to (i) issue Capital Securities that are to be dealt in or traded on securities exchanges or in securities markets, (ii) expressly provide in its Organization Organic Documents that its Capital Securities are securities governed by Article 8 of the UCC, or (iii) place such Subsidiary’s Capital Securities in a Securities Account; and
(c) to issue Capital Securities in addition to or in substitution for the Capital Securities pledged hereunder and that constitute Collateral hereunder, except to such Grantor (and such Capital Securities are immediately pledged and delivered to the Collateral Agent Lender pursuant to the terms of this Security Agreement).
Appears in 2 contracts
Samples: Pledge and Security Agreement (TransMedics Group, Inc.), Pledge and Security Agreement (TransMedics Group, Inc.)
Capital Securities of Subsidiaries. No Grantor will allow any of its Subsidiaries:
(ai) that is a corporation, business trust, joint stock company or similar Person, to issue Uncertificated Securities;
(bii) that is a partnership or limited liability company, to (iA) issue Capital Securities that are to be dealt in or traded on securities exchanges or in securities markets, (iiB) expressly provide in its Organization Governing Documents that its Capital Securities are securities governed by Article 8 of the UCC, or (iiiC) place such Subsidiary’s Capital Securities in a Securities Account; and
(ciii) to issue Capital Securities in addition to or in substitution for the Capital Securities pledged hereunder, except to such Grantor (and such Capital Securities are immediately pledged and delivered to the Collateral Agent pursuant to the terms of this Security Agreement).
Appears in 2 contracts
Samples: Security Agreement (Empire Resources Inc /New/), Security Agreement (Empire Resources Inc /New/)
Capital Securities of Subsidiaries. No Grantor will allow any of its Subsidiaries:
(ai) that is a corporation, business trust, joint stock company or similar Person, to issue Uncertificated Securities;
(bii) that is a partnership or limited liability company, to (iA) issue Capital Securities that are to be dealt in or traded on securities exchanges or in securities markets, (iiB) expressly provide in its Organization Organic Documents that its Capital Securities are securities governed by Article 8 of the UCC, or (iiiC) place such Subsidiary’s 's Capital Securities in a Securities Account; and
(ciii) to issue Capital Securities in addition to or in substitution for the Capital Securities pledged hereunder, except to such Grantor (and such Capital Securities are immediately pledged and delivered to the Collateral Agent pursuant to the terms of this Security Agreement).
Appears in 1 contract