Issuance of Additional Equity. No Borrower other than NBG will permit the issuance, reissuance, conversion or exercise of any equity interests (common stock, preferred stock, partnership interests, member interests or otherwise) or any options, warrants, convertible securities or other rights to purchase such beneficial or equity interest. Notwithstanding the foregoing, a Borrower may issue additional equity interests provided that: (a) such Borrower has provided written notice thereof to Administrative Agent at least 15 Business Days prior to such issuance (which notice must at least describe the type and amount of equity interests being purchased, the consideration to be received by such Borrower in exchange for such issuance, and the identity of the purchaser), and (b) such equity interests are pledged to Administrative Agent (with a first lien priority) as additional Collateral hereunder at the time of issuance thereof using documentation that is in form and substance reasonably acceptable to Administrative Agent, and (c) the proceeds thereof are utilized in a manner in compliance with Section 1.1.6.5.c, and (d) no Default or Event of Default then exists under the Loan Documents or would otherwise result from the issuance of such equity interest (including a Default under the change in control restrictions set forth in Section 7.1.8). Further notwithstanding the foregoing, subparts (a) and (b) of this Section 5.13 shall not apply to NBG.
Issuance of Additional Equity. Debtor will not permit or suffer the issuer of privately held corporate securities or other ownership interests in a corporation, partnership, joint venture or limited liability company constituting Collateral to issue any such securities or other ownership interests, any right to receive the same or any right to receive earnings, except to Debtor.
Issuance of Additional Equity. As additional consideration payable to UFRF, Licensee will cause Xxxxx X.
Issuance of Additional Equity. (a) As of the execution of the Letter Agreement to which this term sheet is attached, Excite@Home has granted to AT&T a warrant to purchase a number of Series A Shares equal to two (2) multiplied by the total number of homes passed by AT&T's cable systems, including cable systems under contract to be acquired by AT&T but excluding homes passed by cable systems under contract to be divested by AT&T, as of March 28, 2000 (the "Initial Warrant"). The Initial Warrant will provide that, upon the occurrence of the Effective Date (as defined in the Letter Agreement), the terms of the Initial Warrant shall automatically be amended such that one-half of the shares subject to the Initial Warrant shall be shares of Excite@Home Series B common stock ("Series B Shares") and one-half of the shares subject to the Initial Warrant shall be Series A Shares.
Issuance of Additional Equity. (a) As of the execution of the Letter Agreement to which this term sheet is attached, Excite@Home has granted to COX/COMCAST a warrant to purchase a number of Series A Shares equal to two (2) multiplied by the total number of homes passed by COX/COMCAST's cable systems, including cable systems under contract to be acquired by COX/COMCAST but excluding homes passed by cable systems under contract to be divested by COX/COMCAST, as of March 28, 2000 (the "Initial Warrant").
Issuance of Additional Equity. Evidence satisfactory to the Administrative Agent that the Borrower has received net proceeds from the Additional Equity Issuance (as defined in the Second Amendment) in an aggregate amount in excess of $95,000,000, all upon terms and conditions satisfactory to the Administrative Agent;
Issuance of Additional Equity. Subject to Sections 3.8, the Board of Managers may cause the Company to create and/or issue additional Equity Securities (including in separate classes, groups or series of Units having such relative rights, powers and obligations as may from time to time be established by the Board of Managers, including rights, powers, and/or obligations different from, senior to or more favorable than existing classes, groups and series of Units). The Board of Managers may cause the Company to issue additional Equity Securities to any Person (including a Person who is not then a current Member) on such terms and conditions (including the amount of consideration to be received by the Company in exchange for the Unit, which may be more than or less than the issue price of a Unit purchased before the date of such issuance) determined by the Board of Managers. A Person who at the time it acquires a Unit is not a Member will be admitted as a Member if the conditions set forth in Section 7.7 are satisfied. The Board of Managers (without the consent of any of the Members) shall have the power to amend the Schedule of Members to reflect the names of the Members, the number and class of Units held by the Members and the Percentage Interests and Capital Proceeds Percentages of the Members after the Company issues additional Units and to make such other amendments to this Agreement as are required to reflect such additional issuances made in accordance with the terms of this Agreement (including, without limitation, amending this Agreement to increase the authorized number of Equity Securities of any class, group or series, to create and authorize a new class, group or series of Equity Securities and to add the terms of such new class, group or series of Equity Securities including economic, repurchase and governance rights which may be different from, senior to or more favorable than the other existing Equity Securities), in each case without the approval or consent of any other Person. In connection with any issuance of Units (whether on or after the date hereof), the Person who acquires such Units shall execute a counterpart to this Agreement or an Adoption Agreement, accepting and agreeing to be bound by all terms and conditions hereof, and shall enter into such other documents, instruments and agreements to effect such purchase as are required by the Board of Managers (including such documents, instruments and agreements entered into on or prior to the date hereof by the Memb...
Issuance of Additional Equity. As additional consideration payable to UFRF, Licensee will cause [***] (collectively, the “Founders”) to transfer to UFRF an additional [***]. UFRF will enter into the Investor Rights Agreement with the Licensee and its stockholders and such other agreements as the Company determines are necessary and desirable, on terms and conditions acceptable to both parties, and shall also provide Licensee with an accredited investor certification. The Investor Rights Agreement will include provisions for UFRF to hold: [***] to maintain its [***]; and will also provide that UFRF shall not [***].”
Issuance of Additional Equity. Neither the Company nor any Subsidiary will permit the issuance (or reissuance) of any equity interests (common stock, preferred stock, partnership interests, member interests or otherwise) or any options, warrants, convertible securities or other rights to purchase such beneficial or equity interest, except for (i) the grant of options under the Company's 1994 Stock Option Plan, (ii) the issuance of stock upon exercise or conversion of outstanding options, warrants or other securities convertible into or exchangeable for stock of the Company, (iii) pursuant to written agreements provided to the Investor prior to the date hereof that provide for the issuance of stock to former employees of the Company on a future date; or (iv) as otherwise contemplated by or permitted under the Purchase Documents.
Issuance of Additional Equity. Neither Parent, the Operating Sub nor EXCXwill permit the issuance, reissuance, conversion or exercise of any of its equity interests (common stock, preferred stock, partnership interests, member interests or otherwise) or any options, warrants, convertible securities or other rights to purchase such beneficial or equity interest, other than pursuant to any outstanding contracts, rights, warrants or agreements or as approved in writing by Lenders.
