Common use of Dilution of Ownership Clause in Contracts

Dilution of Ownership. As to any securities pledged as Collateral (other than securities of a class which are publicly traded), Pledgor will not consent to or approve of the issuance of (i) any additional shares of any class of securities of such issuer (unless immediately upon issuance additional securities are pledged and delivered to Secured Party pursuant to the terms hereof to the extent necessary to give Secured Party a security interest after such issuance in at least the same percentage of such issuer's outstanding securities as Secured Party had before such issuance), (ii) any instrument convertible voluntarily by the holder thereof or automatically upon the occurrence or non-occurrence of any event or condition into, or exchangeable for, any such securities, or (iii) any warrants, options, contracts or other commitments entitling any third party to purchase or otherwise acquire any such securities.

Appears in 9 contracts

Samples: Pledge Agreement (Infinity Investors LTD), Pledge Agreement (Gainsco Inc), Pledge Agreement (Seair Group Inc)

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Dilution of Ownership. As to any securities pledged as Collateral (other than securities of a class which are publicly traded)Pledged Equity Interests, Pledgor Grantor will not consent to or approve of the issuance of (ia) any additional shares or units of any class of securities Equity Interests of such issuer (unless immediately promptly upon issuance additional securities Equity Interests are pledged and delivered to Secured Party pursuant to the terms hereof to the extent necessary to give Secured Party a security interest after such issuance in at least the same percentage of such issuer's ’s outstanding securities or other Equity Interest as Secured Party had before such issuance), (iib) any instrument convertible voluntarily by the holder thereof or automatically upon the occurrence or non-occurrence of any event or condition into, or exchangeable for, any such securitiessecurities or other Equity Interests, or (iiic) any warrants, options, contracts or other commitments entitling any third party to purchase or otherwise acquire any such securitiessecurities or other Equity Interests.

Appears in 3 contracts

Samples: Credit Agreement (Powersecure International, Inc.), Credit Agreement (Powersecure International, Inc.), Security Agreement (Powersecure International, Inc.)

Dilution of Ownership. As to any securities pledged as Collateral (other than securities of a class which are publicly traded), Pledgor Grantor will not consent to or approve of the issuance of (i) any additional shares of any class of securities of such issuer (unless immediately upon issuance additional securities are pledged and delivered to Secured Party pursuant to the terms hereof to the extent necessary to give Secured Party a security interest after such issuance in at least the same percentage of such issuer's ’s outstanding securities as Secured Party had before such issuance), (ii) any instrument convertible voluntarily by the holder thereof or automatically upon the occurrence or non-occurrence of any event or condition into, or exchangeable for, any such securities, or (iii) any warrants, options, contracts or other commitments entitling any third party to purchase or otherwise acquire any such securities.

Appears in 2 contracts

Samples: Pledge and Security Agreement, Pledge and Security Agreement (CBTX, Inc.)

Dilution of Ownership. As to any securities pledged as Collateral (other than securities of a class which are publicly traded), Pledgor will not consent to or approve of the issuance of (i) any additional shares of any class of securities of such issuer (unless immediately upon issuance additional securities are pledged and delivered to Secured Party Lender pursuant to the terms hereof to the extent necessary to give Secured Party Lender a security interest after such issuance in at least the same percentage of such issuer's ’s outstanding securities as Secured Party Lender had before such issuance), (ii) any instrument convertible voluntarily by the holder thereof or automatically upon the occurrence or non-occurrence of any event or condition into, or exchangeable for, any such securities, or (iii) any warrants, options, contracts or other commitments entitling any third party to purchase or otherwise acquire any such securities.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Armada Oil, Inc.), Pledge and Security Agreement (Mesa Energy Holdings, Inc.)

Dilution of Ownership. As to any securities pledged as Collateral (other than securities of a class which are publicly traded), Pledgor Debtor will not consent to or approve of the issuance of (i) any additional units or shares of any class of securities of such issuer (unless immediately upon issuance additional securities are pledged and delivered to Secured Party pursuant to the terms hereof to the extent necessary to give Secured Party a security interest after such issuance in at least the same percentage of such issuer's ’s outstanding securities as Secured Party had before such issuance), (ii) any instrument convertible voluntarily by the holder thereof or automatically upon the occurrence or non-occurrence of any event or condition into, or exchangeable for, any such securities, or (iii) any warrants, options, contracts or other commitments entitling any third party to purchase or otherwise acquire any such securities.

Appears in 1 contract

Samples: Unit Pledge Agreement (Desert Capital Reit Inc)

Dilution of Ownership. As to any securities pledged as Collateral (other than securities of a class which are publicly traded)Pledged Equity Interests, Pledgor Debtor will not consent to or approve of the issuance of (ia) any additional shares or units of any class of securities Equity Interests of such issuer First Western (unless immediately upon issuance additional securities Equity Interests are pledged and delivered to Secured Party pursuant to the terms hereof to the extent necessary to give Secured Party a security interest after such issuance in at least the same percentage of such issuer's First Western’s outstanding securities or other Equity Interest as Secured Party had before such issuance), (iib) any instrument convertible voluntarily by the holder thereof or automatically upon the occurrence or non-occurrence of any event or condition into, or exchangeable for, any such securitiessecurities or other Equity Interests, or (iiic) any warrants, options, contracts or other commitments entitling any third party to purchase or otherwise acquire any such securitiessecurities or other Equity Interests.

Appears in 1 contract

Samples: Security Agreement (PMC Commercial Trust /Tx)

Dilution of Ownership. As to any securities pledged as Collateral (other than securities of a class which are publicly traded), Pledgor will not consent to or approve of the issuance of (i) any additional shares of any class of securities of such issuer (unless immediately upon issuance additional securities are pledged and delivered to Secured Party pursuant to the terms hereof to the extent necessary to give Secured Party a security interest after such issuance in at least the same percentage of such issuer's outstanding securities as Secured Party had before such issuance), (ii) any instrument convertible voluntarily by the holder thereof or automatically upon the occurrence or non-occurrence nonoccurrence of any event or condition into, or exchangeable for, any such securities, or (iii) any warrants, options, contracts or other commitments entitling any third party to purchase or otherwise acquire any such securities.

Appears in 1 contract

Samples: Note Purchase Agreement (Obsidian Enterprises Inc)

Dilution of Ownership. As to any securities pledged as Collateral (other than securities of a class which are publicly traded), Pledgor Grantor will not consent to or approve of the issuance of (i) any additional shares of any class of securities of such issuer (unless immediately upon issuance additional securities are pledged and delivered to Secured Party pursuant to the terms hereof to the extent necessary to give Secured Party a security interest after such issuance in at least the same percentage of such issuer's ’s outstanding securities as Secured Party had before such issuance), ; (ii) any instrument convertible voluntarily by the holder thereof or automatically upon the occurrence or non-occurrence non‑occurrence of any event or condition into, or exchangeable for, any such securities, ; or (iii) any warrants, options, contracts or other commitments entitling any third party to purchase or otherwise acquire any such securities.

Appears in 1 contract

Samples: Pledge and Security Agreement (CBTX, Inc.)

Dilution of Ownership. As to any securities pledged as Collateral (other than securities of a class which are publicly traded), Pledgor will not consent to or approve of the issuance of (i) any additional shares of any class of securities of such issuer (unless immediately upon issuance additional securities are pledged and delivered to Secured Party pursuant to the terms hereof to the extent necessary to give Secured Party Parry a security interest after such issuance in at least the same percentage of such issuer's outstanding securities as Secured Party had before such issuance), (ii) any instrument convertible voluntarily by the holder thereof or automatically upon the occurrence or non-occurrence of any event or condition into, or exchangeable for, any such securities, or (iii) any warrants, options, contracts or other commitments entitling any third party to purchase or otherwise acquire any such securities.

Appears in 1 contract

Samples: Note Purchase Agreement (Obsidian Enterprises Inc)

Dilution of Ownership. As to any securities pledged as Collateral (other than securities of a class which are publicly traded), Pledgor Debtor will not consent to or approve of the issuance of (i) any additional shares of any class of securities of such issuer (unless immediately upon issuance additional securities are pledged and delivered to Secured Party pursuant to the terms hereof to the extent necessary to give Secured Party a security interest after such issuance in at least the same percentage of such issuer's ’s outstanding securities as Secured Party had before such issuance), (ii) any instrument convertible voluntarily by the holder thereof or automatically upon the occurrence or non-occurrence of any event or condition into, or exchangeable for, any such securities, or (iii) any warrants, options, contracts or other commitments entitling any third party to purchase or otherwise acquire any such securities.

Appears in 1 contract

Samples: Pledge and Security Agreement (Palm Harbor Homes Inc /Fl/)

Dilution of Ownership. As to any securities pledged as Collateral --------------------- (other than securities of a class which are publicly traded), Pledgor will not consent to or approve of the issuance of (i) any additional shares of any class of securities of such issuer (unless immediately upon issuance additional securities are pledged and delivered to Secured Party pursuant to the terms hereof to the extent necessary to give Secured Party a security interest after such issuance in at least the same percentage of such issuer's outstanding securities as Secured Party had before such issuance), (ii) any instrument convertible voluntarily by the holder thereof or automatically upon the occurrence or non-occurrence of any event or condition into, or exchangeable for, any such securities, or (iii) any warrants, options, contracts contracts, or other commitments entitling any third party to purchase or otherwise acquire any such securities.

Appears in 1 contract

Samples: Pledge Agreement (Rf Monolithics Inc /De/)

Dilution of Ownership. As to any securities pledged as Collateral (other than securities of a class which are publicly traded)Pledged Equity Interests, no Pledgor will not consent to or approve of the issuance of (ia) any additional shares or units of any class of securities Equity Interests of such issuer (unless immediately promptly upon issuance additional securities Equity Interests are pledged and delivered to Secured Party pursuant to the terms hereof to the extent necessary to give Secured Party a security interest after such issuance in at least the same percentage of such issuer's ’s outstanding securities or other Equity Interest as Secured Party had before such issuance), (iib) any instrument convertible voluntarily by the holder thereof or automatically upon the occurrence or non-occurrence of any event or condition into, or exchangeable for, any such securitiessecurities or other Equity Interests, or (iiic) any warrants, options, contracts or other commitments entitling any third party to purchase or otherwise acquire any such securitiessecurities or other Equity Interests.

Appears in 1 contract

Samples: Pledge Agreement (Penson Worldwide Inc)

Dilution of Ownership. As to any securities pledged as Collateral (other than securities of a class which are publicly traded), Pledgor Grantor will not consent to or approve of the issuance of (i) any additional shares of any class of securities of such issuer (unless immediately upon issuance additional securities are pledged and delivered to Secured Party pursuant to the terms hereof to the extent necessary to give Secured Party a security interest after such issuance in at least the same percentage of such issuer's ’s outstanding securities as Secured Party had before such issuance), ; (ii) any instrument convertible voluntarily by the holder thereof or automatically upon the occurrence or non-occurrence non‑occurrence of any event or condition into, or exchangeable for, any such securities, ; or (iii) any CBTX, Inc. Pledge and Security Agreement 7 warrants, options, contracts or other commitments entitling any third party to purchase or otherwise acquire any such securities.

Appears in 1 contract

Samples: Pledge and Security Agreement (CBTX, Inc.)

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Dilution of Ownership. As to any securities pledged as Collateral (other than securities of a class which are publicly traded), Pledgor Debtor will not consent to or approve of the issuance of (i) any additional shares of any class of securities of such issuer (unless immediately upon issuance additional securities are pledged and delivered to Secured Party pursuant to the terms hereof to the extent necessary to give Secured Party a security interest after such issuance in at least the same percentage of such issuer's outstanding securities as Secured Party had before such issuance), (ii) any instrument convertible voluntarily by the holder thereof or automatically upon the occurrence or non-occurrence of any event or condition into, or exchangeable for, any such securities, or (iii) any warrants, options, contracts or other commitments entitling any third party to purchase or otherwise acquire any such securities.

Appears in 1 contract

Samples: Loan Agreement (Citizens Inc)

Dilution of Ownership. As to any securities pledged as Collateral (other than securities of a class which are publicly traded), Pledgor will not consent to or approve of the issuance of (i) any additional shares of any class of securities of such issuer Orix (unless immediately upon issuance additional securities are pledged and delivered to Secured Party pursuant to the terms hereof to the extent necessary to give Secured Party a security interest after such issuance in at least the same percentage of such issuer's outstanding securities as Secured Party had before such issuance), (ii) any instrument convertible voluntarily by the holder thereof or automatically upon the occurrence or non-occurrence of any event or condition into, or exchangeable for, any such securities, or (iii) any warrants, options, contracts or other commitments entitling any third party to purchase or otherwise acquire any such securities.

Appears in 1 contract

Samples: Stock Pledge Agreement (Touch Tone America Inc)

Dilution of Ownership. As to any securities pledged as Collateral (other than securities of a class which are publicly traded), Pledgor will not consent to or approve of the issuance of (i) any additional shares of any class of securities of such issuer (unless immediately upon issuance additional securities are pledged and delivered to Secured Party pursuant to the terms hereof to the extent necessary to give Secured Party a security interest after such issuance in at least the same percentage of such issuer's outstanding securities as Secured Party had before such issuance), (ii) any instrument convertible voluntarily by the holder thereof or automatically upon the occurrence or non-occurrence of any event or condition into, or exchangeable for, any such securities, securities or (iii) any warrants, options, contracts or other commitments entitling any third party to purchase or otherwise acquire any such securities.

Appears in 1 contract

Samples: Pledge Agreement (Arabian American Development Co)

Dilution of Ownership. As to any securities pledged as Collateral (other than securities of a class which are publicly traded), Pledgor will not consent to or approve of the issuance of (i) any additional shares of any class of securities of such issuer (unless immediately upon issuance additional securities are pledged and delivered to Secured Party Agent pursuant to the terms hereof to the extent necessary to give Secured Party Agent a security interest after such issuance in at least the same percentage of such issuer's outstanding securities as Secured Party Agent had before such issuance), (ii) any instrument convertible voluntarily by the holder thereof or automatically upon the occurrence or non-occurrence of any event or condition into, or exchangeable for, any such securities, or (iii) any warrants, options, contracts or other commitments entitling any third party to purchase or otherwise acquire any such securities.

Appears in 1 contract

Samples: Stock Pledge Agreement (Craftmade International Inc)

Dilution of Ownership. As to any securities pledged as Collateral (other than securities of a class which are publicly traded), Pledgor will not consent to or approve of the issuance of (i) any additional shares of any class of securities of such issuer (unless immediately upon issuance additional securities are pledged and delivered to Secured Party Company pursuant to the terms hereof to the extent necessary to give Secured Party Company a security interest after such issuance in at least the same percentage of such issuer's outstanding securities as Secured Party Company had before such issuance), (ii) any instrument convertible voluntarily by the holder thereof or automatically upon the occurrence or non-occurrence of any event or condition into, or exchangeable for, any such securities, or (iii) any warrants, options, contracts or other commitments entitling any third party to purchase or otherwise acquire any such securities.

Appears in 1 contract

Samples: Stock Purchase Agreement (Gainsco Inc)

Dilution of Ownership. As to any securities pledged as Collateral (other than securities of a class which are publicly traded), Pledgor Grantor will not consent to or approve of the issuance of (i) any additional shares of any class of securities of such issuer (unless immediately upon issuance additional securities are pledged and delivered to Secured Party pursuant to the terms hereof to the extent necessary to give Secured Party a security interest after such issuance in at least the same percentage of such issuer's ’s outstanding securities as Secured Party had before such issuance), (ii) any instrument convertible voluntarily by the holder thereof or automatically upon the occurrence or non-occurrence non‑occurrence of any event or condition into, or exchangeable for, any such securities, or (iii) any warrants, options, contracts or other commitments entitling any third party to purchase or otherwise acquire any such securities.

Appears in 1 contract

Samples: Pledge and Security Agreement (Rush William M Rusty)

Dilution of Ownership. As to any securities pledged as Collateral (other than securities of a class which are publicly traded), Pledgor Grantor will not consent to or approve of the issuance of (i) any additional shares of any class of securities of such issuer (unless immediately upon issuance additional securities are pledged and delivered to Secured Party pursuant to the terms hereof to the extent necessary to give Secured Party a security interest after such issuance in at least the same percentage of such issuer's ’s outstanding securities as Secured Party had before such issuance), ; (ii) any instrument convertible voluntarily by the holder thereof or automatically upon the occurrence or non-occurrence of any event or condition into, or exchangeable for, any such securities, ; or (iii) any warrants, options, contracts or other commitments entitling any third party to purchase or otherwise acquire any such securities.

Appears in 1 contract

Samples: Pledge and Security Agreement (Stellar Bancorp, Inc.)

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