Equity Instruments. Borrower shall have issued to the Lenders or their assignees or designees (including without limitation any Approved Fund) Equity Instruments such that, after giving effect to such issuance, the Equity Instruments Coverage Condition is satisfied, as determined by Administrative Agent and the Lenders in their sole discretion.
Equity Instruments. With respect each Delayed Draw Term Loan, Borrower shall have issued to the Lenders or their assignees or designees (including, without limitation, any Approved Fund) Equity Instruments such that, after giving effect such issuance, the Equity Instruments Coverage Condition is satisfied, as determined by Administrative Agent and the Lenders in their sole discretion.
Equity Instruments the articles of incorporation and by-laws of ------------------ each Borrower, the Registration Rights Agreement, the Holding Company Stock Option Plan and all other similar documents and instruments entered into with respect to the Borrower Equity Interests as of the Closing Date. Equity Interests: collectively, all of the issued and outstanding ---------------- capital stock of, partnership interests in, limited liability company membership interests in and other equity interests in Holding Company and each of its direct and indirect Subsidiaries and all warrants, options and other rights to purchase capital stock of, partnership interests in, limited liability company membership interests in and other equity interests in Holding Company and each of its direct and indirect Subsidiaries. GE Indebtedness Liens: the Liens on the Excluded Personal --------------------- Property and the Excluded Leases of the Existing Stores located at 0000 Xxxxxxxxx Xxxx, Xxxxxxxx Xxxxxxx, Xxxxxxxx (Site No. 15), 0000 Xxxxxxxx Xxxxxxxxx X.X., Xxxxxxxx, Xxxxxxxxxx (Site No. 147), 0000 Xxxxx Xxxxxxx Xxxxxxxxx, Xxx Xxxxx, Xxxxxx (Site No. 148), 000 Xxxx Xxxx, Xxxxxxx, Xxxxxxxxxx (Site No. 151), 0000 Xxxx Xxxxxx Xxxx #0000, Xxxxxxxxx, Nevada (Site No. 152), 00000 Xxxxxxxxxx Xxxx #0000, Xxxxxxxx, Xxxxxxxxxx (Site No. 158), 0000 Xxx Xxxx Xxxx, Xxxxxxxxxxxxxxx, Xxxxxxxx (Site No. 157) and 000 Xxxxx Xxxxx, Xxxx Xxxxxx, Xxxxxxxxxx (Site No. 160), and the Liens on the Excluded Personal Property and Borrower's fee simple estate in the Excluded Real Estate located at 00000 Xxxxx Xxxx, Xxxx Xxxxx, Xxxxxxxx (Site No. 153) now or hereafter granted to secure the GE Indebtedness.
Equity Instruments. An equity instrument is any contract that evidences a residual interest in the assets of the Company after deducting all of its liabilities. Equity instruments issued by the Company are recorded at the proceeds received, net of direct issue costs.
Equity Instruments. Except as disclosed on Schedule 4.18, there are no outstanding (i) rights, warrants, options, contracts, commitments, conversion rights or similar agreements or understandings of any kind to which the Borrower or the Subsidiaries is a party entitling any Person to purchase or otherwise acquire (A) any shares of the capital stock or (B) any securities convertible into or exchangeable for any shares of capital stock of the Subsidiary or the Borrowers (except that the Borrower or any Subsidiary may purchase or otherwise acquire any such shares or securities described in clauses (A) and (B) if such purchase or acquisition would not, after giving effect thereto, cause a Default) and (ii) put, calls, redemption or repurchase rights, or similar rights or agreements exist with respect to any security issued by the Borrower or the Subsidiaries.
Equity Instruments. Exhibit A hereto describes all stock, stock options and similar awards (the “Equity Instruments”) that have been granted to Short by XXX in connection with Short’s employment with XXX and that were outstanding at the time Short’s employment with XXX terminated, and Short and XXX hereby confirm that the agreements and awards relating to the Equity Instruments, and the current Equity Incentive Plan, remain in full force and effect in accordance with their terms. Short and XXX further agree and confirm that Short is not entitled to any additional equity rights in XXX or its affiliates other than as set forth on Exhibit A.
Equity Instruments the articles of incorporation and by-laws of each ------------------ Borrower, the Shareholders Agreement, the Registration Rights Agreement , the Red Xxxxx Stock Option Plan and all other similar documents and instruments entered into with respect to the Borrower Equity Interests as of the Closing Date. Equity Interests: collectively, all of the issued and outstanding ---------------- capital stock of, partnership interests in, limited liability company membership interests in and other equity interests in Red Xxxxx and each of its Subsidiaries and all warrants, options and other rights to purchase capital stock of, partnership interests in, limited liability company membership interests in and other equity interests in Red Xxxxx and each of its Subsidiaries.
Equity Instruments. AUDITED All options refer to unlisted options over shares of the Company, which are exercisable on a one-for-one basis.
