Issuance of Additional Capital Stock. Company will not issue any additional capital stock or securities convertible into capital stock or any warrants or rights to purchase capital stock.
Issuance of Additional Capital Stock. Except as expressly permitted in the Credit Agreement, no Grantor will permit or suffer the issuer of any Capital Stock constituting Collateral to issue any additional Capital Stock, except to such Grantor as permitted under the Credit Agreement.
Issuance of Additional Capital Stock. Issue any additional Stock (other than common Stock).
Issuance of Additional Capital Stock. Other than the shares issuable (a) under any stock incentive plan established by the Company, and (b) upon the exercise of warrants or options outstanding as of the Initial Closing Date, the Company will not authorize, issue, increase the authorized amount of, or sell any class or series of Capital Stock at any time, unless the Company has obtained the prior written consent of the Required Holders and the proceeds thereof are used to repay the Obligations then outstanding.
Issuance of Additional Capital Stock. The Company hereby grants to each Major Stockholder the right to purchase all or any portion of its Pro Rata Share of any new Capital Stock (other than any Excluded Securities) (the “Additional Securities”) that the Company may from time to time propose to issue or sell to any party.
Issuance of Additional Capital Stock. After the date hereof issue, or agree or otherwise become committed to issue (whether by possible exercise at a future date of an option, warrant, rights of conversion or otherwise), shares of any securities or other ownership rights in the Borrower if immediately after the date of issuance, or the date on which Borrower agrees or otherwise becomes committed to issue such shares, Lender does not have a first priority, perfected Lien pursuant to one or more agreements substantially in the form of the Stock Pledge Agreement on a majority of the voting shares of each class of such securities or ownership rights in the Borrower (other than the Preferred Stock, but including in such calculation shares which Borrower has agreed or otherwise has become committed to issue whether pursuant to options, warrants, conversion rights or other agreements and including common stock issuable upon conversion of the Preferred Stock).
Issuance of Additional Capital Stock. Create or acquire the Capital Stock in, or Property of, any Person which shall thereupon become a direct or indirect Restricted Subsidiary (each, a "New Subsidiary"), or issue any additional Capital Stock, or permit any of its Restricted Subsidiaries so to do, except as follows:
(a) the Borrower may issue additional Capital Stock, provided that (i) the same is not otherwise prohibited under the Loan Documents, and (ii) there shall be no Lien upon such Capital Stock;
(b) a Restricted Subsidiary may issue additional Capital Stock to its immediate parent provided that (i) the same is not otherwise prohibited under the Loan Documents, (ii) simultaneously therewith (A) such Capital Stock shall be pledged by the Borrower or any Guarantor owning such Capital Stock to the Agent, for the ratable benefit of the Lenders, pursuant to the Borrower Security Agreement or Subsidiary Guaranty, as the case may be, and (B) appropriate stock powers, UCC Financing Statements, and such other documentation as the Agent shall reasonably request shall be delivered to the Agent, and (iii) there shall be no Lien upon such Capital Stock except for the Lien created in favor of the Agent, for the ratable benefit of the Lenders, under the Borrower Security Agreement or Subsidiary Guaranty, as the case may be; and
(c) the Borrower or any of its Restricted Subsidiaries may create or acquire a New Subsidiary provided that: (i) in the case of an Acquisition, such Acquisition is a Permitted Acquisition; (ii) the Agent shall have received 10 Business Days' advance written notice thereof; (iii) prior to or simultaneously with the consummation of such Acquisition, (A) such New Subsidiary shall execute and deliver to the Agent a supplement to the Subsidiary Guaranty in accordance with the terms thereof together with (1) a certificate, dated the date such New Subsidiary shall have become a party to the Subsidiary Guaranty, executed by such New Subsidiary and substantially in the form of, and with substantially the same attachments as, the certificate which would have been required under Section 5.1 if such New Subsidiary had become a party to the Subsidiary Guaranty on the Effective Date and (2) such certificates, stock powers, instruments, UCC Financing Statements, UCC, tax and judgment lien searches and all other documents, instruments and agreements which would have been required under the Loan Documents if such New Subsidiary had become a party to the Subsidiary Guaranty on the Effective Date...
Issuance of Additional Capital Stock. In the event that additional shares of capital stock are issued by the Company to a Stockholder at any time during the term of this Agreement, either directly or upon the exercise or exchange of Common Stock Equivalents, such additional shares of capital stock shall, as a condition to such issuance, be deemed subject to the terms and provisions of this Agreement. Nothing in this Section 8(b) shall limit the preemptive rights of the Stockholders under Section 2(d) hereof.
Issuance of Additional Capital Stock. The Company shall not issue or sell any additional shares of Common Stock except in compliance with the provisions of the Note Purchase Agreement and the applicable common stock purchase warrant agreement.
Issuance of Additional Capital Stock. (a) The Company covenants and agrees that it shall not sell any shares of the Company's capital stock at a price below the greater of $64.00 per share (as adjusted for stock splits, stock dividends, recapitalizations and the like) for such shares or the fair market value of such shares, without the prior written consent of the Holder hereof. In the event that the Company sells shares of the Company's capital stock in violation of this Section 5(a), the number of shares issuable upon exercise of this Warrant shall be equal to the product obtained by multiplying the number of shares issuable pursuant to this Warrant prior to such sale by the quotient obtained by dividing (i) the greater of the fair market value of the shares or $64.00 per share (as adjusted for stock splits, stock dividends, recapitalizations and the like) for such shares issued in violation of this Section 5(a) by (ii) the price at which such shares were sold.
(b) The Company shall give to the Holder at least 20 days' prior written notice, by first class mail, postage prepaid, addressed to the Holder at its address registered on the books of the Company, of the record date for determining the Holders of Shares who shall be granted rights for or to purchase, or any options for the purchase of, any capital stock of the Company or evidence of indebtedness, or other securities directly or indirectly convertible into or exchangeable for Common Stock, to the end that the Holder may exercise its rights to acquire Common Stock under this Warrant, by delivery or an executed Subscription Notice in accordance with Section 1 prior to said record date, and may thereby receive the same rights as other holders of Common Stock on said record date.
