Capital Stock of Borrower. The original limited liability company certificates evidencing 100% of the Capital Stock of each Borrower together with appropriate transfer and assignment documents in blank duly executed or endorsed by the applicable Pledgor;
Capital Stock of Borrower. Neither the Borrower nor any Subsidiary will: (a) issue, redeem, purchase, retire or otherwise acquire for value any of its capital stock or grant, issue, purchase, retire or otherwise acquire for value any warrant, right, or option pertaining thereto or other security convertible into any of the foregoing, or (b) permit any transfer, sale, redemption, retirement, or other change in the ownership of the outstanding capital stock of the Borrower or any Subsidiary, without the prior written consent of the Required Banks, acting in their discretion; except for the issuance or transfer of the Borrower's or any of its Subsidiaries' capital stock which does not result in a Change of Control or otherwise constitute or result in an Event of Default or an Unmatured Event of Default under any other provisions of this Agreement.
Capital Stock of Borrower. Neither the Borrower nor any Subsidiary will: (a) issue, redeem, purchase, or retire any of its capital stock or grant or issue or purchase or retire for any consideration any warrant, right, or option pertaining thereto or other security convertible into any of the foregoing, or (b) permit any transfer, sale, redemption, retirement, or other change in the ownership of the outstanding capital stock of the Borrower or any Subsidiary, without the prior written consent of the Required Banks, acting in their discretion; except for: (x) the issuance or transfer of the Borrower's capital stock which does not result in a Change of Control, and (y) any transfer, sale, redemption, retirement, conversion or other change in the ownership of the Series A Preferred Stock, the Series B Preferred Stock and the Series C Preferred Stock as required or permitted by the terms of that certain Stockholder Agreement referred to in clause (vi) of the definition of Evercore Transaction Documents.
Capital Stock of Borrower. The Guarantor will not permit any of the capital stock of the Borrower to be owned or controlled (other than through stock ownership of the Guarantor) by any Person other than the Guarantor.
Capital Stock of Borrower. The Pledged Collateral represents 100% of the issued and outstanding Capital Securities of the Borrower.
Capital Stock of Borrower. All outstanding shares of capital stock of Borrower have been duly authorized and issued as required by law and are fully paid and non-assessable, and the issuance and sale thereof have been made in compliance with, in all respects, applicable federal and state securities laws.
Capital Stock of Borrower. Section 4.1.2 of the Disclosure Schedule correctly sets forth (a) a list of all Subsidiaries of Borrower, all of which (except as set forth in Section 4.1.2 of the Disclosure Schedule) are directly or indirectly wholly owned by Borrower, and (b) a list of each class of stock of Borrower and the number of authorized and issued and outstanding shares of each class of stock of Borrower as of December 31, 2007. All of the outstanding capital stock of Borrower has been duly authorized, legally and validly issued, fully paid and nonassessable.
Capital Stock of Borrower. All outstanding shares of capital stock of Borrower have been duly authorized and issued as required by law and are fully paid and non-assessable, and the issuance and sale thereof have been made in compliance with, in all respects, applicable federal and state securities laws. To the knowledge of Borrower, there are no outstanding proxies with respect to shares of capital stock or other securities of Borrower except as described in Exhibit M. There are no outstanding warrants, options or other rights issued or granted by Borrower or any shareholder agreements with respect to shares of capital stock or other securities of Borrower except as described on Exhibit M.
Capital Stock of Borrower. Except in satisfaction of its obligations relating to the Subordinated Debt, neither the Borrower nor any Subsidiary will issue, redeem, purchase, or retire any of its capital stock or grant or issue or purchase or retire for any consideration any warrant, right, or option pertaining thereto or other security convertible into any of the foregoing, or except for the issuance of the Borrower's capital stock which does not result in a Change of Control or the performance of its obligations relating to the Subordinated Debt, permit any transfer, sale, redemption, retirement, or other change in the ownership of the outstanding capital stock of the Borrower or any Subsidiary, without the prior written consent of the Bank, acting in its sole discretion.
Capital Stock of Borrower. Neither the Borrower nor any Subsidiary will either: (1) redeem, purchase, or retire its capital stock or purchase or retire any warrant, right, or option pertaining thereto or other security convertible into any of the foregoing, for an aggregate consideration exceeding $150,000 paid while this Agreement is in effect; or (2) except for (i) the issuance of the Borrower's capital stock which does not result in a Change of Control; and (ii) except in accordance with that certain Loan Agreement dated November 8, 1998 between Tengasco, Inc. and United Missouri Bank of St. Louis as Trustee; grant or issue, or permit any transfer, sale, redemption, retirement, or other change in the ownership of, the outstanding capital stock of the Borrower or any Subsidiary, without the prior written consent of the Bank, acting in its sole discretion.
