Common use of Issuance of Capital Securities Clause in Contracts

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.

Appears in 3 contracts

Samples: Loan and Security Agreement (Primoris Services CORP), Loan and Security Agreement (Rhapsody Acquisition Corp.), Loan and Security Agreement (Primoris Services CORP)

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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, than (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 (cb) any issuance of Capital Securities by a Subsidiary to the Borrower or another Subsidiary in accordance with Section 9.67.6.

Appears in 2 contracts

Samples: Loan and Security Agreement (Argyle Security, Inc.), Loan and Security Agreement (Argyle Security, Inc.)

Issuance of Capital Securities. The Borrower Borrowers 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, than (a) any issuance of shares in the ordinary course of business, or (b) any issuance of shares of the Borrower’s Borrowers’ common Capital Securities pursuant to any employee or director option program, benefit plan or compensation program, or (cb) any issuance of Capital Securities by a Subsidiary to the Borrower Borrowers or another Subsidiary in accordance with Section 9.6.

Appears in 1 contract

Samples: Loan and Security Agreement (Lifeway Foods Inc)

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 9.6.9.6 ..

Appears in 1 contract

Samples: Loan and Security Agreement (Primoris Services CORP)

Issuance of Capital Securities. The Each Borrower shall not not, and shall not permit any Inactive Subsidiary to to, issue any Capital Securities other than, so long as a Change of Control has not occurred, than (a) any issuance of shares in the ordinary course of business, or (b) any issuance of shares of the such Borrower’s common Capital Securities pursuant to any employee or director option program, benefit plan or compensation program, or (cb) any issuance of Capital Securities by a Subsidiary to the such Borrower or another Subsidiary in accordance with Section 9.6.

Appears in 1 contract

Samples: Loan and Security Agreement (Amrep Corp)

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Issuance of Capital Securities. The No Borrower shall not and shall not permit any Subsidiary to to, issue any Capital Securities other than, so long as a Change of Control has not occurred, than (a) any issuance of shares in the ordinary course of business, or (b) any issuance of shares of the such Borrower’s common Capital Securities pursuant to any employee or director option program, benefit plan or compensation program, or (cb) any issuance of Capital Securities by a Subsidiary to the applicable Borrower or another Subsidiary to such Borrower in accordance with Section 9.6.

Appears in 1 contract

Samples: Loan and Security Agreement (Intricon Corp)

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, than (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(b) the issuance of preferred stock pursuant to the Rights Plan dated as of August 7, 2003 between Borrower and American Stock Transfer & Trust Company, or (c) any issuance of Capital Securities by a Subsidiary to the Borrower or another Subsidiary in accordance with Section 9.6.

Appears in 1 contract

Samples: Loan and Security Agreement (Ari Network Services Inc /Wi)

Issuance of Capital Securities. The Borrower shall not not, and shall not permit any Subsidiary to to, issue any Capital Securities other than, so long as a Change of Control has not occurred, than (a) any issuance of shares in the ordinary course of business, or (b) any issuance of shares of the Borrower’s 's common Capital Securities pursuant to any employee or director option program, benefit plan or compensation program, or (cb) any issuance of Capital Securities by a Subsidiary to the Borrower or another Subsidiary in accordance with Section 9.6.

Appears in 1 contract

Samples: Loan and Security Agreement (Boyd Bros Transportation Inc)

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