Issuance of Capital Securities. The Borrower shall not and shall not permit any Subsidiary to issue any Capital Securities other than, so long as a Change of Control has not occurred, (a) any issuance of shares in the ordinary course of business, or (b) any issuance of shares of the Borrower’s common Capital Securities pursuant to any employee or director option program, benefit plan or compensation program, or (c) any issuance of Capital Securities by a Subsidiary to the Borrower or another Subsidiary in accordance with Section 9.6.
Issuance of Capital Securities. The Borrower will not permit any of its Subsidiaries (other than a Receivables Subsidiary and any Foreign Subsidiary) to issue any Capital Securities (whether for value or otherwise) to any Person other than to the Borrower or another wholly owned Subsidiary (other than any director’s qualifying shares or investments by foreign nationals mandated by applicable laws).
Issuance of Capital Securities. The Borrower will not, and will not permit any of its Subsidiaries to, issue any Capital Securities (whether for value or otherwise) to any Person other than (a) in the case of Subsidiaries, to the Borrower or another wholly owned Subsidiary or (b) in the case of the Borrower, to Parent, so long as, in each case, such Capital Securities are pledged and delivered to the Administrative Agent pursuant to a Loan Document (to the extent required by Section 7.1.8).
Issuance of Capital Securities. Holdings will not, and will not permit any of its Subsidiaries to, issue any Capital Securities (whether for value or otherwise) to any Person other than (in the case of Subsidiaries) to Holdings, the Borrowers or a Guarantor (or, in the case of Holdings, to the Rollover Purchasers) unless the Net Equity Proceeds or Net Disposition Proceeds, as the case may be, from such issuance are applied to prepay the Loans as required by the terms of this Agreement.
Issuance of Capital Securities. The Borrower will not, and will not permit any of its Subsidiaries to, issue any Capital Securities (whether for value or otherwise) to any Person other than (in the case of Subsidiaries), to the Borrower or another wholly owned Subsidiary or (in the case of the Borrower), to Intermediate Holdco (so long as such Capital Securities are not mandatorily redeemable prior to one year and one day after the Stated Maturity Date).
Issuance of Capital Securities. Except as expressly permitted by this Agreement, each Obligor will not, and will not permit any of its Subsidiaries to:
Issuance of Capital Securities. Xxxx-Xxxxx will not, and will not permit any of its Subsidiaries to, (a) issue any Capital Securities (whether for value or otherwise) to any Person other than (in the case of Subsidiaries), to Xxxx-Xxxxx or another wholly owned Subsidiary or (b) become liable in respect of any obligation (contingent or otherwise) to purchase, redeem, retire, acquire or make any other payment in respect of any Capital Securities of Xxxx-Xxxxx or any Subsidiary or any option, warrant or other right to acquire any such Capital Securities.
Issuance of Capital Securities. Holdings will not, and will not permit any of its Subsidiaries to, issue any Capital Securities (whether for value or otherwise) to any Person other than (in the case of Subsidiaries) to Holdings, the Borrower or a Guarantor or another direct parent thereof except (a) any issuance by Holdings of Capital Securities for the purpose of funding a Permitted Acquisition, (b) any issuance by Holdings of Capital Securities if the Net Cash Proceeds from such issuance are applied to prepay, repay, redeem, retire, purchase, defease or otherwise acquire the Fixed Rate Notes, Senior Notes or other Indebtedness of Holdings and its Subsidiaries, (c) any issuance by Holdings of Capital Securities pursuant to an employee stock ownership plan, (d) any issuance by Holdings of Capital Securities in connection with the issuance, conversion, exercise or settlement of any Permitted Convertible Notes, Permitted Warrants or Permitted Bond Hedge or (e) any issuance by Holdings of Capital Securities if after giving pro forma effect thereto, the Consolidated Leverage Ratio is less than 2.75:1.00.
Issuance of Capital Securities. The Borrower shall not, either directly or indirectly, issue or distribute any Capital Securities of the Borrower that would result in a Change in Control.
Issuance of Capital Securities. The Borrower will not permit any of its Subsidiaries to issue (a) any Disqualified Stock; or (b) other Capital Securities (whether for value or otherwise) to any Person other than to the Borrower, a Wholly Owned Subsidiary or a KCS Minority Interest Subsidiary.
