Capitalization of Borrower. The Equity Contribution shall have been made on terms reasonably satisfactory to the Administrative Agent.
Capitalization of Borrower. With respect to each Loan Party and each Subsidiary of each Loan Party, the capital structure, ownership, organization documents (including articles or certificate of incorporation, certificate of limited partnership, certificate of limited liability company, bylaws, partnership agreements, and limited liability company agreements), shareholder agreements or similar agreements among equity owners shall be reasonably satisfactory, in form and substance, to the Agent. The Agent shall have received true and complete copies of all of the material acquisition documents related to all acquisitions consummated by the Borrower and any other Loan Party or Subsidiary of any Loan Party prior to the Closing Date.
Capitalization of Borrower. On and as of the Effective Date, the authorized capital stock of the Borrower shall consist of 40,000,000 shares of common stock, 27,317,735 shares of which shall be issued and outstanding and 5,000,000 shares of preferred stock, none of which shall be issued or outstanding. All such outstanding shares of common stock are duly and validly issued and fully paid and non-assessable.
Capitalization of Borrower. The Borrower shall have completed the Private Placement and received Equity Issuance Proceeds resulting therefrom equal to or greater than $90,000,000.
Capitalization of Borrower. The Borrower shall have at least $100,000,000 common equity capital as of the Closing Date minus an amount (not to exceed $7,000,000) equal to the distribution made to Holdings (and subsequently from Holdings to the Parent) on the Closing Date to cover certain reasonable transactions costs and expenses associated with the Merger.
Capitalization of Borrower. On or before the Closing Date, Company shall have contributed to Borrower and other Subsidiaries of Company, as common equity, all of the net proceeds received by Company from the sale of all equity and bond offerings by Company and its Subsidiaries prior to such date.
Capitalization of Borrower. The entire authorized capital stock of Borrower consists of one hundred fifty million (150,000,000) shares, all having a par value of $0.001 per share, consisting of one hundred twenty million (120,000,000) shares of voting common stock, twenty million (20,000,000) shares of non-voting common stock, and ten million (10,000,000) shares of preferred stock. Borrower has 22,860,701 shares of voting common stock, par value $0.001 per share, issued and outstanding and no shares of either non-voting common stock, preferred stock or any other class of capital stock issued and outstanding. All issued and outstanding shares of Borrower voting common stock, par value $0.001 per share are validly issued, fully paid and nonassessable. Upon Borrower’s Board of Director’s approval of the Articles of Amendment and Borrower’s Board of Director’s approval and Shareholder Approval of the First Amendment to the Articles of Incorporation and immediately after the filing of the Articles of Amendment and First Amendment to the Articles of Incorporation with the Nebraska Secretary of State, the aggregate number of shares of capital stock that Borrower will be authorized to issue shall be as set forth in the Articles of Amendment and First Amendment to the Articles of Incorporation. There are no outstanding or authorized options, warrants, purchase rights, subscription rights, conversion rights, exchange rights or other contracts or commitments that could require Borrower to issue, sell or otherwise cause to become outstanding any of its capital stock, other than pursuant to this Agreement. There are no outstanding or authorized stock appreciation, phantom stock, profit participation or similar rights with respect to Borrower. There are no voting trusts, proxies, shareholders agreements or other agreements or understandings with respect to the voting of the capital stock of Borrower. Borrower shall have no debt securities that shall be outstanding as of the Initial Closing Date, other than the Notes issued pursuant to this Agreement.
Capitalization of Borrower. Borrower shall have a cash balance of at least $65,000,000 on the Closing Date available to fund, together with the proceeds of the Loans, the Equity Purchase.
Capitalization of Borrower. On or before the Closing Date:
Capitalization of Borrower. 75 6.15 Subsidiaries...................................................................................76 (a) Organization..........................................................................76 (b)
