Common use of Certain Debt Issuances Clause in Contracts

Certain Debt Issuances. Notwithstanding anything to the contrary set forth in this Section 6, if the managing underwriters for an offering of debt securities or the lead arrangers for issuances of bank or other Indebtedness by the Company or any of its Subsidiaries advise the Company in writing that in their opinion the availability of Preemptive Rights to the Principal Stockholders and their Partial Rights Transferees would significantly jeopardize the success of such offering or debt raising (including by adversely affecting the terms on which such debt securities or Indebtedness could be issued or incurred, as applicable), then the Company shall provide notice of such opinion in the Preemptive Rights Notice and no Principal Stockholder or Partial Rights Transferee shall have any such Preemptive Rights pursuant to Section 6(a) with respect to such offering or incurrence of debt securities or Indebtedness; provided, however that the Principal Stockholders may participate in such offering or debt raising to the extent permitted under Section 8(f) hereunder.

Appears in 4 contracts

Samples: Stockholder Agreement, Stockholder Agreement (EVERTEC, Inc.), Stockholder Agreement (Popular Inc)

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Certain Debt Issuances. Notwithstanding anything to the contrary set forth in this Section 6Article X, if the managing underwriters for an offering of debt securities securities, or the lead arrangers for issuances of bank or other Indebtedness by the Company or any of its Subsidiaries Company, advise the Company in writing that that, in their opinion opinion, the availability of Preemptive Rights to the Principal Stockholders and their Partial Rights Transferees would significantly jeopardize the success of such offering or debt raising (including by adversely affecting the terms on which such debt securities or Indebtedness could be issued or incurred, as applicable), then the Company shall provide notice of such opinion in the Preemptive Rights Notice and no Principal Stockholder or Partial Rights Transferee shall have any such Preemptive Rights pursuant to Section 6(a) 10.1 with respect to such offering or incurrence of debt securities or Indebtedness; provided, however that however, that, the Principal Stockholders may participate in such offering or debt raising to the extent permitted under Section 8(f) hereunderof the Stockholder Agreement.

Appears in 1 contract

Samples: Operating Agreement (EVERTEC Finance Corp.)

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Certain Debt Issuances. Notwithstanding anything to the contrary set forth in this Section 6, if the managing underwriters for an offering of debt securities or the lead arrangers for issuances of bank or other Indebtedness by the Company or any of its Subsidiaries advise the Company in writing that in their opinion the availability of Preemptive Rights to the Principal Stockholders and their Partial Rights Transferees would significantly jeopardize the success of such offering or debt raising (including by adversely affecting the terms on which such debt securities or Indebtedness could be issued or incurred, as applicable), then the Company shall provide notice of such opinion in the Preemptive Rights Notice and no Principal Stockholder or Partial Rights Transferee shall have any such Preemptive Rights pursuant to Section 6(a) with respect to such offering or incurrence of debt securities or Indebtedness; provided, however that the Principal Stockholders may participate in such offering or debt raising to the extent permitted under Section 8(f) hereunder. Representations and Warranties.

Appears in 1 contract

Samples: Stockholder Agreement (Popular Inc)

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