Debt or Equity Issuance Sample Clauses

Debt or Equity Issuance. In the event of (i) any incurrence of Indebtedness that is not permitted by Section 8.1 by the Borrower or any of its Subsidiaries after the date hereof or (ii) any issuance or sale of any Capital Stock of the Borrower after the date hereof (not including any issuance or sale designated as a capital contribution under Section 4.3(d) hereof), (x) if the Funding Date has occurred, the Borrower shall repay or cause to be repaid the Loan within five (5) Business Days following the receipt by the Borrower of the Net Available Proceeds thereof in an aggregate amount equal to 100% of such Net Available Proceeds or (y) if the Funding Date has not occurred, the Commitments shall be subject to automatic reduction on the date of the receipt by the Borrower of such Net Available Proceeds by an aggregate amount equal to 100% of such Net Available Proceeds; provided that in lieu of making such prepayment or Commitment reduction the Borrower may elect, by written notice to the Lender prior to its receipt of such Net Available Proceeds, to deposit all or a portion of such Net Available Proceeds into the Cash Collateral Account and the repayment obligation or Commitment reduction otherwise required pursuant to this paragraph (c) shall be reduced by the amount so deposited.
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Debt or Equity Issuance. Within one (1) Business Day of the receipt by any Obligor or Subsidiary thereof of the Net Cash Proceeds of (x) any Debt Issuance not permitted by Section 10.2.1, or (y) unless otherwise agreed to by the Administrative Agent and the Required Lenders, in writing, any sale of any Equity Interest, Borrower shall prepay the Loans (together with the Exit Premium thereon) as hereinafter provided in an aggregate amount equal to 100% of the Net Cash Proceeds therefrom; provided, that pending application of such amounts towards prepayment of the Loans in accordance herewith, all funds shall be held in a Deposit Account subject to a Control Agreement in favor of the Administrative Agent. Such mandatory prepayments pursuant to this Section shall be allocated as set forth in Section 5.6.2(a).
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Debt or Equity Issuance. Upon the issuance of any subordinated indebtedness, common stock, preferred stock, warrant, or other equity (excluding any stock issued pursuant to stock option or other employee benefit plans, within limits to be negotiated), the Borrower shall make a mandatory prepayment equal to (i) in the case of indebtedness, 100% and (ii) in the case of equity, 75%, of the proceeds thereof, which shall be applied pro rata to Facilities A and B until paid in full.
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Debt or Equity Issuance. In the event of (i) any incurrence of Indebtedness that is not permitted by Section 8.1 by the Borrower or any of its Subsidiaries after the date hereof or (ii) any issuance or sale of any Capital Stock of the Borrower after the date hereof, (x) if the Funding Date has occurred, the Borrower shall repay or cause to be repaid the Loans within five (5) Business Days following the receipt by the Borrower of the Net Available Proceeds thereof in an aggregate amount equal to 100% of such Net Available Proceeds or (y) if the Funding Date has not occurred, the Commitments shall be subject to automatic reduction on the date of the receipt by the Borrower of such Net Available Proceeds by an aggregate amount equal to 100% of such Net Available Proceeds.
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Debt or Equity Issuance. If, after the Agreement Date, (i) Holdco shall conduct any public or private issuance of any Funded Debt or any Convertible Securities (other than the issuance of the Holdco 2009 Notes in an amount not to exceed $340,003,656) (each a "Debt Offering"), or (ii) the Borrower or Holdco shall issue any Capital Stock or other equity interests (other than any Convertible Securities) in the Borrower or Holdco (other than from the issuance of (A) any Permitted High-Yield Securities which are equity securities to the extent that such Net Proceeds shall be used to repay the Tranche C Loans as permitted by Section 2.5(b)(i) hereof, or (B) such Capital Stock or other equity interests to any Shareholder or Affiliate thereof) (each an "Equity Offering"), the Borrower shall prepay the Senior Loans as follows: (i) In the event that the Leverage Ratio on a pro forma basis after giving effect to any Debt Offering shall be greater than 4.00 to 1.00, an amount up to one hundred percent (100%) of the Net Proceeds received by Holdco with respect to such Debt Offering shall be applied, on the date of receipt of the Net Proceeds of such Debt Offering by Holdco, by the Borrower to prepay the Senior Loans as set forth in Section 2.7(e) hereof, to the extent necessary to cause the Leverage Ratio to be less than or equal to 4.00 to 1.00 after giving effect to such Debt Offering. (ii) In the event that the Leverage Ratio on a pro forma basis after giving effect to any Equity Offering shall be greater than 4.00 to 1.00, an amount up to fifty percent (50%) of the excess, if any, of (A) the aggregate amount of Net Proceeds received by the Borrower or Holdco, as applicable, in respect of Equity Offerings conducted during the term of this Agreement, over (B) $250,000,000, shall be applied, on the date of receipt thereof, to prepay the Senior Loans, as set forth in Section 2.7(e), to the extent necessary to cause the Leverage Ratio to be less than or equal to 4.00 to 1.00 after giving effect to such Equity Offering.
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Debt or Equity Issuance. Upon receipt by the Company or any of its Subsidiaries, the Company shall prepay the Term Loans in an amount equal to 100% of the cash proceeds (net of underwriting discounts and commissions or underwriting or placement fees, investment banking fees, legal fees, accounting fees, and other customary fees, commissions, expenses and costs associated therewith) of Debt Issuance by the Company or any of its Subsidiaries under subsection 8.5(i) or of any Equity Issuance by the REIT, the Company or any of their respective Subsidiaries; provided, however, that no such prepayment shall be required with respect to (A) any net cash proceeds received from any Capital Stock issued by the REIT pursuant to the employee stock or equity option plans of the REIT (including options assumed by the REIT pursuant to the Merger Agreement), (B) any net cash proceeds received from the Debt Issuance constituting the 2001 Notes, Indebtedness hereunder, or Indebtedness permitted under Section 8.5(h), and (C) any net cash proceeds from a Debt Issuance by the Company or any of its Subsidiaries or an Equity Issuance by the REIT, the Company or any of their respective Subsidiaries that are used by the Company for the acquisition of assets for use in the Company's or any Subsidiary's business, provided, that (1) such assets are owned by the Company or, if the Debt Issuance is by a Subsidiary of the Company, by the Company or such Subsidiary and (2) such acquisition is consummated within 60 days following receipt of such net proceeds. Such prepayment shall be applied to the Term Loans until the Term Loans are repaid in full.
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Debt or Equity Issuance. In the event of (i) any incurrence of Indebtedness that is not permitted by Section 8.1 by the Borrower after the date hereof or (ii) any issuance or sale of any Capital Stock of the Borrower after the date hereof, (x) if the Funding Date has occurred, the Borrower shall repay or cause to be repaid the Loan within five (5) Business Days following the receipt by the Borrower of the Net Available Proceeds thereof in an aggregate amount equal to 100% of such Net Available Proceeds or (y) if the Funding Date has not occurred, the Commitments shall be subject to automatic reduction on the date of the receipt by the Borrower of such Net Available Proceeds by an aggregate amount equal to 100% of such Net Available Proceeds.
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Debt or Equity Issuance. Immediately upon the issuance or incurrence by any Borrower or any Subsidiary of a Borrower (other than Princeton Canada) of any Indebtedness (other than Indebtedness permitted under Section 6.1) or the issuance by any Borrower or any of its Subsidiaries of any shares of Stock (other than any issuance of stock by a Subsidiary of a Borrower to such Borrower and other than issuances of stock options and Stock to employees and directors of the Loan Parties in connection with employment agreements or equity incentive plans), Borrowers shall prepay the outstanding principal amount of the Obligations in accordance with Section 2.4(d) in an amount equal to 100% of the Net Cash Proceeds received by such Person in connection with such issuance or incurrence. The provisions of this Section 2.4(c)(iv) shall not be deemed to be implied consent to any such issuance or incurrence otherwise prohibited by the terms and conditions of this Agreement.
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Related to Debt or Equity Issuance

  • Equity Issuance Upon the sale or issuance by the Borrower or any of its Subsidiaries (other than a Financing Subsidiary) of any of its Equity Interests (other than any sales or issuances of Equity Interests to the Borrower or any Subsidiary Guarantor), the Borrower shall prepay an aggregate principal amount of Loans equal to 75% of all Net Cash Proceeds received therefrom no later than the fifth Business Day following the receipt of such Net Cash Proceeds (such prepayments to be applied as set forth in Section 2.09(b)).

  • Equity Issuances In the event that the Borrower shall receive any Cash proceeds from the issuance of Equity Interests of the Borrower at any time after the Availability Period, the Borrower shall, no later than the third Business Day following the receipt of such Cash proceeds, prepay the Loans in an amount equal to fifty percent (50%) of such Cash proceeds, net of underwriting discounts and commissions or other similar payments and other costs, fees, premiums and expenses directly associated therewith, including, without limitation, reasonable legal fees and expenses (and the Commitments shall be permanently reduced by such amount).

  • Debt Issuance Not later than one (1) Business Day following the receipt of any Net Cash Proceeds of any Debt Issuance by any Group Member (or concurrently with the receipt of Net Cash Proceeds of any Debt Issuance by any Group Member in connection with a refinancing facility under Section 2.22), the Borrower shall make prepayments in accordance with Section 2.10(i) and (j) in an aggregate principal amount equal to 100% of such Net Cash Proceeds.

  • Subsequent Equity Issuances The Company shall not deliver any Sales Notice hereunder (and any Sales Notice previously delivered shall not apply during such three Business Days) for at least three (3) Business Days prior to any date on which the Company or any Subsidiary offers, sells, issues, contracts to sell, contracts to issue or otherwise disposes of, directly or indirectly, any other shares of Common Stock or any Common Stock Equivalents (other than the Shares), subject to Manager’s right to waive this obligation, provided that, without compliance with the foregoing obligation, the Company may issue and sell Common Stock pursuant to any employee equity plan, stock ownership plan or dividend reinvestment plan of the Company in effect at the Execution Time and the Company may issue Common Stock issuable upon the conversion or exercise of Common Stock Equivalents outstanding at the Execution Time.

  • Debt Issuances Immediately upon receipt by any Loan Party or any Subsidiary of the Net Cash Proceeds of any Debt Issuance, the Borrower shall prepay the Loans and/or Cash Collateralize the L/C Obligations as hereafter provided in an aggregate amount equal to 100% of such Net Cash Proceeds.

  • Indebtedness, Disqualified Stock (a) Create, incur, assume, guarantee, suffer to exist or otherwise become or remain liable with respect to, any Indebtedness, except Permitted Indebtedness, or (b) issue Disqualified Stock.

  • Investments; Indebtedness PNU shall not, and shall not permit any of its Subsidiaries to, other than in connection with actions permitted by Section 4.1(e), (i) make any loans, advances or capital contributions to, or investments in, any other Person, other than (x) by PNU or a direct or indirect wholly owned Subsidiary of PNU to or in PNU or any direct or indirect wholly owned Subsidiary of PNU, (y) pursuant to any contract or other legal obligation of PNU or any of its Subsidiaries as in effect at the date of this Agreement or (z) in the ordinary course of business consistent with past practice in an aggregate amount not in excess of the aggregate amount specified in Section 4.1(g) of the PNU Disclosure Schedule or (ii) create, incur, assume or suffer to exist any indebtedness, issuances of debt securities, guarantees, loans or advances not in existence as of the date of this Agreement except pursuant to the credit facilities, indentures (but not in excess of amounts authorized for issuance thereunder as of the date of this Agreement) and other arrangements in existence on the date of this Agreement or trade debt and commercial finance in the ordinary course of business consistent with past practice, in each case as such credit facilities, indentures and other arrangements and other existing indebtedness may be amended, extended, modified, refunded, renewed or refinanced after the date of this Agreement which does not increase the aggregate principal amount or amount of the facility, as the case may be.

  • Payment of Outstanding Indebtedness, etc The Administrative Agent shall have received evidence that immediately after the making of the Loans on the Closing Date, all Indebtedness under the Existing Credit Agreement and any other Indebtedness not permitted by Section 7.04, together with all interest, all payment premiums and all other amounts due and payable with respect thereto, shall be paid in full from the proceeds of the initial Credit Event, and the commitments in respect of such Indebtedness shall be permanently terminated, and all Liens securing payment of any such Indebtedness shall be released and the Administrative Agent shall have received all payoff and release letters, Uniform Commercial Code Form UCC-3 termination statements or other instruments or agreements as may be suitable or appropriate in connection with the release of any such Liens.

  • Debt Due (a) If the LHIN requires the re-payment by the HSP of any Funding, the amount required will be deemed to be a debt owing to the Crown by the HSP. The LHIN may adjust future funding instalments to recover the amounts owed or may, at its discretion direct the HSP to pay the amount owing to the Crown and the HSP shall comply immediately with any such direction. (b) All amounts repayable to the Crown will be paid by cheque payable to the “Ontario Minister of Finance” and mailed or delivered to the LHIN at the address provided in section 13.1.

  • Outstanding Indebtedness For the avoidance of doubt, to the extent that any Indebtedness is repaid, redeemed, repurchased, defeased or otherwise acquired, retired or discharged, in each case, in accordance with the terms of the documentation governing such Indebtedness, such Indebtedness shall be deemed to be paid off and not to be outstanding for any purpose hereunder to the extent of the amount of such repayment, redemption, repurchase, defeasance, retirement or discharge.

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