Capital Stock; Indebtedness; Liens Sample Clauses

Capital Stock; Indebtedness; Liens. (i) The authorized capital stock of the Company as of the date hereof consists of 100,000,000 shares of Common Stock, par value $.001 per share, and 5,000,000 shares of Preferred Stock, of which 58,049,580 shares of Common Stock, including associated Rights (the "Rights") issued pursuant to the Rights Agreement, as amended, dated as of March 18, 1998, between the Company and American Stock Transfer and Trust Company, as Rights Agent (the "Rights Agreement"), are validly issued and outstanding, fully paid and non-assessable, with no personal liability attaching to the ownership thereof, and no shares of Preferred Stock are issued or outstanding. All outstanding shares of capital stock of the Company are duly authorized and not subject to any pre-emptive rights. Except for such 58,049,580 shares of Common Stock and the Rights, there are no other shares of capital stock or other equity securities of the Company issued or outstanding.
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Capital Stock; Indebtedness; Liens i. The authorized capital stock of the Company as of the date hereof consists of 60,000,000 shares of Common Stock and 100,000 shares of Preferred Stock, par value $.0033 per share, of which 42,613,825 shares of Common Stock, including associated Rights (the Rights) issued pursuant to the Rights Agreement, dated as of May 3, 1988, between the Company and The First National Bank of Chicago, as Rights Agent (the Rights Agreement), are validly issued and outstanding, fully paid and non-assessable, with no personal liability attaching to the ownership thereof, and no shares of Preferred Stock are issued or outstanding. All outstanding shares of capital stock of the Company are duly authorized and not subject to any pre-emptive rights. Except for such 42,613,825 shares of Common Stock, there are no other shares of capital stock or other securities of the Company issued or outstanding.
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Capital Stock; Indebtedness; Liens. (i) The authorized capital stock of the Company as of the date hereof consists of 3,000,000 shares of Common Stock, par value $.01 per share, and 200,000 shares of Preferred Stock, par value $100 per share, of which 1,897,779 shares of Common Stock and 30,000 shares of Preferred Stock are validly issued and outstanding, fully paid and non-assessable, with no personal liability attaching to the ownership thereof. All outstanding shares of capital stock of the Company are duly authorized and not subject to any pre-emptive rights. Except for such 1,897,780 shares of Common Stock, 30,000 shares of Preferred Stock, the options set forth in Schedule 1(b)(ii), there are no other shares of capital stock or other securities of the Company issued or outstanding.
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Related to Capital Stock; Indebtedness; Liens

  • Indebtedness; Liens The Borrower shall not create, incur, assume or suffer to exist any Indebtedness other than the Obligations. The Borrower shall not create, incur or permit to exist any Lien in or on any of the Collateral subject to the Lien granted by the Borrower pursuant to this Agreement, other than Permitted Liens.

  • Indebtedness and Preferred Equity The Borrower will not, and will not permit any of its Subsidiaries to, create, incur, assume or suffer to exist any Indebtedness, except:

  • Intercompany Indebtedness The Company shall not create, incur, assume or otherwise become or remain directly or indirectly liable with respect to any Indebtedness arising from loans from any Subsidiary to the Company unless (a) such Indebtedness is unsecured and (b) such Indebtedness shall be expressly subordinate to the payment in full in cash of the Obligations on terms satisfactory to the Administrative Agent.

  • Existing Indebtedness; Future Liens (a) Except as described therein, Schedule 5.15 sets forth a complete and correct list of all outstanding Indebtedness of the Company and its Subsidiaries as of the dates specified in such Schedule (and specifying, as to each such Indebtedness, the collateral, if any, securing such Indebtedness), since which date there has been no Material change in the amounts, interest rates, sinking funds, installment payments or maturities of the Indebtedness of the Company or its Subsidiaries. Neither the Company nor any Subsidiary is in default and no waiver of default is currently in effect, in the payment of any principal or interest on any Indebtedness of the Company or such Subsidiary and no event or condition exists with respect to any Indebtedness of the Company or any Subsidiary that would permit (or that with notice or the lapse of time, or both, would permit) one or more Persons to cause such Indebtedness to become due and payable before its stated maturity or before its regularly scheduled dates of payment.

  • Indebtedness and Minority Interests After giving effect to the Transactions and the other transactions contemplated hereby, no Company shall have outstanding any Indebtedness or preferred stock other than (i) the Loans and Credit Extensions hereunder, (ii) the Indebtedness listed on Schedule 6.01(b) and (iii) Indebtedness owed to Borrower or any Guarantor.

  • Indebtedness and Liens (a) Except for trade debt incurred in the normal course of business and indebtedness to Lender contemplated by this Agreement, create, incur or assume indebtedness for borrowed money, including capital leases, (b) except as allowed as a Permitted Lien, sell, transfer, mortgage, assign, pledge, lease, grant a security interest in, or encumber any of Borrower's assets, or (c) sell with recourse any of Borrower's accounts, except to Lender.

  • Subordinated Indebtedness The Obligations constitute senior indebtedness which is entitled to the benefits of the subordination provisions of all outstanding Subordinated Indebtedness.

  • Indebtedness and Guaranty Obligations Create, incur or assume any Indebtedness or Guaranty Obligation except:

  • Subsidiary Indebtedness The Borrower will not permit any Subsidiary to create, incur, assume or permit to exist any Indebtedness, except:

  • Permitted Indebtedness Borrower shall not create, incur, assume or suffer to exist any Indebtedness, except the following (collectively, "Permitted Indebtedness"): (i) Indebtedness under the Loan Documents, (ii) any Indebtedness set forth on Schedule 7.2, (iii) Capitalized Lease Obligations incurred after the Closing Date and Indebtedness incurred pursuant to purchase money Liens permitted by Section 7.3(v), provided that the aggregate amount of such Capitalized Lease Obligations and purchase money indebtedness outstanding at any time shall not exceed $75,000, (iv) Indebtedness in connection with advances made by a stockholder in order to cure any default of the financial covenants set forth on Annex I; provided, however, that such Indebtedness shall be on an unsecured basis, subordinated in right of repayment and remedies to all of the Obligations and to all of Lender's rights pursuant to a subordination agreement in form and substance satisfactory to Lender; (v) accounts payable to trade creditors and current operating expenses (other than for borrowed money) which are not aged more than 120 calendar days from the billing date or more than 30 days from the due date, in each case incurred in the ordinary course of business and paid within such time period, unless the same are being contested in good faith and by appropriate and lawful proceedings and such reserves, if any, with respect thereto as are required by GAAP and deemed adequate by Borrower's independent accountants shall have been reserved; (vi) borrowings incurred in the ordinary course of business and not exceeding $10,000 individually or in the aggregate outstanding at any one time, provided, however, that such Indebtedness shall be on an unsecured basis, subordinated in right of repayment and remedies to all of the Obligations and to all of Lender's rights pursuant to a subordination agreement in form and substance satisfactory to Lender; and (vii)

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