Issuance of Additional Stock. Permit any of its Subsidiaries to issue any additional Capital Stock, except, subject to Section 6.12, as follows: (i) in connection with a permitted Investment or to employees or consultants in the ordinary course of business; (ii) the Borrower and any Subsidiary thereof may organize new Subsidiaries and any Subsidiary may issue additional Capital Stock to (x) any Loan Party, (y) any Non-Guarantor Domestic Subsidiary, if on a pro forma basis, the Borrower and its Subsidiaries would be in compliance with Section 7.12 and Section 7.16 and (z) any Foreign Subsidiary in a transaction permitted by Sections 7.6(e), (f), (h) or (k); or (iii) subject to compliance with the provisions this Agreement, including Section 7.6, Section 7.12
Appears in 5 contracts
Samples: Credit Agreement (Davita Healthcare Partners Inc.), Credit Agreement (Davita Inc), Credit Agreement (Davita Inc)