EQUALNET HOLDING CORP Sample Clauses

EQUALNET HOLDING CORP. 1. The undersigned Holder of the attached original, executed Warrant to purchase Common Stock of EqualNet Holding Corp., a Texas corporation (the "COMPANY"), hereby elects to exercise its purchase right under such Warrant with respect to _________ shares of Warrant Stock.
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EQUALNET HOLDING CORP. By ------------------------ President 34 ASSIGNMENT (To be Executed by the Holder if such Holder Desires to Transfer the Within Warrant) FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto -------------------------- (Name) -------------------------- (Address) the right to purchase ____ shares of Common Stock, covered by the within Warrant and does hereby irrevocably constitute and appoint ________________ Attorney to make such transfer on the books of the Company maintained for the purpose, with full power of substitution. Signature ------------------ Dated: , 19 ----------- -- NOTICE The signature of the foregoing Assignment must correspond to the name as written upon the face of the within Warrant in every particular, without alteration or enlargement or any change whatsoever. 35 SUBSCRIPTION FORM (TO BE EXECUTED UPON EXERCISE PURSUANT TO SECTION 1(b)(i), (ii) OR (iii))
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EQUALNET HOLDING CORP. By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- ATTEST: ------------------------------ [Name: ] [Secretary]
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EQUALNET HOLDING CORP. By: ZANE RUSSELL -------------------------- Zane Russell Chixx Xxxxxxxxx Officer BANK: COMERICA BANK - TEXAS By: MARK H. METCALFE --------------------------- Mark H. Metcalfe Xxxx Xxxxxxxxx FIRST INTERSTATE BANK OF TEXAS, N.A. By: KENNETH G. TEUSINK --------------------------- Kenneth G. Teusink Xxxx Xxxxxxxxx SECOND AMENDMENT TO CREDIT AGREEMENT THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this "AMENDMENT") is made and entered into as of March 20, 1996, by and among EQUALNET HOLDING CORP., a Texas corporation (the "BORROWER"); each of the lenders which is or may from time to time become a party hereto (individually, a "LENDER" and, collectively, the "LENDERS"), and COMERICA BANK-TEXAS, a Texas banking association, as agent for the Lenders (in such capacity, together with its successors in such capacity, the "AGENT").
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EQUALNET HOLDING CORP. Dated as of April 24, 1998 2 TABLE OF CONTENTS Page
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Related to EQUALNET HOLDING CORP

  • U.S. Real Property Holding Corporation The Company is not and has never been a U.S. real property holding corporation within the meaning of Section 897 of the Internal Revenue Code of 1986, as amended, and the Company shall so certify upon Purchaser’s request.

  • Real Property Holding Corporation The Company is not and has never been a U.S. real property holding corporation within the meaning of Section 897 of the Internal Revenue Code of 1986, as amended, and the Company shall so certify upon Purchaser’s request.

  • Bank Holding Company Borrower is not a “bank holding company” or a direct or indirect subsidiary of a “bank holding company” as defined in the Bank Holding Company Act of 1956, as amended, and Regulation Y thereunder of the Board of Governors of the Federal Reserve System.

  • Not a U.S. Real Property Holding Corporation The Acquiror Company is not and has not been a United States real property holding corporation within the meaning of Section 897(c)(2) of the Code at any time during the applicable period specified in Section 897(c)(1)(A)(ii) of the Code.

  • SUCCESSOR TO THE HOLDING COMPANY The Holding Company shall require any successor or assignee, whether direct or indirect, by purchase, merger, consolidation or otherwise, to all or substantially all the business or assets of the Institution or the Holding Company, expressly and unconditionally to assume and agree to perform the Holding Company's obligations under this Agreement, in the same manner and to the same extent that the Holding Company would be required to perform if no such succession or assignment had taken place.

  • Holding Companies (a) In the case of Holdings, (i) conduct, transact or otherwise engage in any business or operations other than those incidental to its ownership of the Equity Interests of the Borrower and the performance of the Loan Documents, the ABL Loan Documents, the Second Lien Loan Documents, any Specified Refinancing Debt or any Specified Second Lien Refinancing Debt, (ii) incur any Indebtedness (other than (x) the First Lien Obligations, the ABL Obligations and the Second Lien Obligations, (y) intercompany Indebtedness incurred in lieu of Restricted Payments permitted under Section 7.06 and Indebtedness of the type described in Sections 7.03(i) through (m) (other than Section 7.03(k)(B)), 7.03(o) and 7.03(p) and (z) Guarantees of Indebtedness permitted by Section 7.03(n), (s), (t), (u) or (v)), (iii) create, incur, assume or suffer to exist any Lien on any Equity Interests of the Borrower (other than Liens pursuant to any Loan Document, any ABL Loan Document or any Second Lien Loan Document, Permitted Other Indebtedness Liens, Specified Refinancing Liens, Specified Second Lien Refinancing Liens or non-consensual Liens arising solely by operation of law); or (iv) make any Investments (other than (x) Investments in the Borrower or its Restricted Subsidiaries (including any temporary Investments to facilitate Permitted Acquisitions and other Investments permitted by Section 7.02) or (y) Investments of the type permitted by Section 7.02(a), (b), (h), (k) or (m).

  • Investment Company; Public Utility Holding Company Neither the Company nor any Subsidiary is an "investment company" or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

  • Public Utility Holding Company Neither the Company nor any Subsidiary is, or will be upon issuance and sale of the Securities and the use of the proceeds described herein, subject to regulation under the Public Utility Holding Company Act of 1935, as amended, the Federal Power Act, the Interstate Commerce Act or to any federal or state statute or regulation limiting its ability to issue and perform its obligations under any Transaction Agreement.

  • Parent Nothing herein shall be construed to limit or affect any action or inaction by (i) Parent or Merger Sub in accordance with the terms of the Merger Agreement or (ii) any Affiliate, officer, director or direct or indirect equity holder of Parent or Merger Sub acting in his or her capacity as a director or officer of Parent or Merger Sub; provided, however, that this Section 1.11 shall not relieve any such Person from any liability or obligation that he, she or it may have independently of this Agreement or as a consequence of any action or inaction by such Person.

  • Acquisition Sub Parent will take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Merger on the terms and conditions set forth in this Agreement and (b) ensure that, prior to the Effective Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness or make any investments, other than as specifically contemplated by this Agreement.

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