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. 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. Issue any additional Stock (other than common Stock).
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. 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. Create or acquire the Capital Stock in, or Property of, any Person which shall thereupon become a direct or indirect Subsidiary (each, a "New Subsidiary"), or issue any additional Capital Stock, or permit any of its Subsidiaries so to do, except as follows:
(a) the Borrower may issue additional Capital Stock (other than Capital Stock subject to mandatory redemption or redemption at the option of the holder thereof, in whole or in part except for Preferred Membership Units), including issuance pursuant to the Restricted Limited Liability Company Unit Incentive Plan, 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 holder thereof to the Agent, for the ratable benefit of the Lenders pursuant to the Security Agreement or Pledge Agreement, as the case may be, and (B) appropriate documentation with respect thereto 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 Collateral Documents;
(b) a 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 to the Agent, for the ratable benefit of the Lenders pursuant to the Security Agreement and (B) appropriate documentation with respect thereto 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 Security Agreement or Guaranty, as the case may be; and
(c) the Borrower or any of its Subsidiaries may create or acquire a New Subsidiary with respect to an Acquisition provided that: (i) in the case of an Acquisition, such Acquisition is a Permitted Acquisition; (ii) the Agent shall have received 30 calendar 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 Guaranty and the Security Agreement in accordance with the terms thereof together with (1) a certificate, dated the date such New Subsidiary shall have become a party to the Guaranty, executed by such New Subsidiar...
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. Holding Company shall not issue any additional capital stock without the prior written consent of Commerce Bank. Holding Company shall not permit Guarantor or Banks (or any of them) to 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. The Company covenants that, without the prior written consent of the Purchasers, except as contemplated by this Agreement, neither it nor any of its Subsidiaries will issue any shares of its capital stock or securities convertible into or exchangeable for, or warrants, options or other rights to acquire, shares of its or their capital stock, including, without limitation, any preemptive rights or similar rights to subscribe for shares of capital stock of the Company, other than the Common Stock to be issued upon the exercise of the Warrants, and such rights described in Schedule 9C hereto.
