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 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").
(b) In the event COX/COMCAST (i) sells or otherwise disposes of any of its homes passed between March 28, 2000 and June 4, 2002 without causing such transferred homes to remain bound by the MDA (as modified by this term sheet and the other term sheets attached to the Letter Agreement), or (ii) fails to complete the acquisition of any systems under contract to be acquired as of March 28, 2000 and such events result in a net decline in the number of homes passed by COX/COMCAST's cable systems, then COX/COMCAST will be required to forfeit a proportionate amount of the shares covered by 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 in an aggregate amount in excess of $95,000,000, all upon terms and conditions satisfactory to the Administrative Agent;
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.
(b) In the event AT&T (i) sells or otherwise disposes of any of its homes passed between March 28, 2000 and June 4, 2002 without causing such transferred homes to remain bound by the MDA (as modified by this term sheet and the other term sheets attached to the Letter Agreement), or (ii) fails to complete the acquisition of any systems under contract to be acquired as of March 28, 2000, and such events result in a net decline in the number of homes passed by AT&T's cable systems, then AT&T will be required to forfeit a proportionate amount of the shares covered by the Initial Warrant.
(c) In the event the number of homes passed by AT&T's cable systems increases on a net basis between March 28, 2000 and June 4, 2002 (it being understood that homes passed by systems under contract to be acquired by AT&T as of March 28, 2000 shall be deemed for this purpose to be homes passed by AT&T as of March 28, 2000, but homes passed by systems under contract to be divested by AT&T as of March 28, 2000 shall not be deemed for this purpose to be homes passed by AT&T as of March 28, 2000), Excite@Home will issue to AT&T a second warrant as of June 4, 2002 to purchase an equal number of Series A Shares and Series B Shares totaling, in the aggregate, two (2) multiplied by the total number of additional homes passed by AT&T's cable systems as of June 4, 2002 (the "Second Warrant"). The Initial Warrant, the Second Warrant and the Additional Warrants (as defined below) are referred to collectively as the "Warrants." The Series A Shares and Series B Shares covered by the Warrants are referred to collectively as the "Warrant Shares."
(d) In the ...
Issuance of Additional Equity. Borrower will not 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. Notwithstanding the foregoing, Borrower may issue additional equity interests provided that: (a) Borrower has provided written notice thereof to Lender at least 10 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 Borrower in exchange for such issuance, and the identity of the purchaser), and (b) such equity interests are pledged to Lender (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 Lender, and (c) no Default or Event of Default then exists under the Loan Documents or would otherwise result from the issuance of such equity interest (including, without limitation, a Default under the change in control restrictions set forth in Section 7.1.8 hereof). Further notwithstanding the foregoing, (a) the negative covenant under this Section restricting additional issuances of equity of Borrower will be automatically deleted herefrom and will be of no further force or effect immediately prior to (but conditioned upon) consummation of a Public Offering by Borrower (as defined in and in accordance with Section 4.20 hereof), and (b) prior to a Corporate Restructuring, Borrower may issue shares of common stock upon the exercise of warrants or options outstanding as of the Closing Date (without such equity being pledged as Collateral if the owner thereof has not otherwise executed an equity pledge in favor of Lender), and (c) as of and after a Corporate Restructuring, Borrower only may issue additional equity to its corporate parent that owns 100% of its equity.
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. No Borrower 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 as a result of the conversion of the options and warrants outstanding on the Closing Date and described on Schedule 3.6, provided that: (a) such Borrower has provided written notice thereof to Lender 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) 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 Event of Default under the change in control restrictions set forth in Section 7.1.8).
Issuance of Additional Equity. As additional consideration payable to UFRF, Licensee will cause Xxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxx and Xxx Xxxxxxx (collectively, the “Founders”) to transfer to UFRF an additional 10,000 shares of Common Stock immediately preceding the initial closing of the Licensee’s Series B Preferred Stock financing.
