Common use of Issuance of Capital Stock Clause in Contracts

Issuance of Capital Stock. The Borrower shall not, and shall not permit any of its Restricted Subsidiaries to, issue any Capital Stock (including by way of sales of treasury stock) or any options or warrants to purchase, or securities convertible into, capital stock or other Capital Stock to any Person other than (i) for transfers and replacements of then outstanding shares of capital stock or other Capital Stock, (ii) for stock splits, stock dividends and issuances which do not decrease the percentage ownership of the Borrower and its Restricted Subsidiaries (taken as a whole) in any class of the capital stock or other Capital Stock of such Restricted Subsidiary of the Borrower, (iii) common Capital Stock and, in the case of the Borrower, any warrants, rights or options to purchase or other arrangements or rights to acquire such common Capital Stock of the Borrower, (iv) in the case of the Borrower, Qualified Preferred Stock, (v) in the case of Restricted Subsidiaries of the Borrower, Preferred Stock issued (x) to any Credit Party or (y) other than Preferred Stock issued by a Credit Party, to any wholly-owned Restricted Subsidiary thereof, (vi) in the case of Foreign Restricted Subsidiaries of the Borrower, to qualify directors to the extent required by applicable law and for other nominal share issuances to Persons other than the Borrower and its Restricted Subsidiaries to the extent required under applicable law, and (vii) issuances by Restricted Subsidiaries of the Borrower which are newly created or acquired in accordance with the terms of this Agreement.

Issuance of Capital Stock. The Borrower shall not, and shall (a) Holdings will not issue (i) any preferred stock other than Permitted Holdings Preferred Stock or (ii) any redeemable common stock; and (b) Holdings will not permit any Subsidiary of its Restricted Subsidiaries to, Holdings to issue any Capital Stock (including by way of sales of treasury stock) or any options or warrants to purchase, or securities convertible into, capital stock or other Capital Stock to any Person other than Stock, except (i) for transfers and replacements of the then outstanding shares of capital stock or other Capital Stock, (ii) for stock splits, stock dividends and additional issuances which do not decrease the percentage ownership of the Borrower and Holdings or any of its Restricted Subsidiaries (taken as a whole) in any class of the capital stock or other Capital Stock of Borrower or such Restricted Subsidiary of the BorrowerSubsidiary, (iii) common Capital Stock and, in the case of the Borrower, any warrants, rights or options to purchase or other arrangements or rights to acquire such common Capital Stock of the Borrower, (iv) in the case of the Borrower, Qualified Preferred Stock, (v) in the case of Restricted Subsidiaries of the Borrower, Preferred Stock issued (x) to any Credit Party or (y) other than Preferred Stock issued by a Credit Party, to any wholly-owned Restricted Subsidiary thereof, (vi) in the case of Foreign Restricted Subsidiaries of the Borrower, to qualify directors to the extent required under applicable law, (iv) Subsidiaries of Borrower formed after the Closing Date pursuant to Section 8.16 may issue Capital Stock to Borrower or the respective Subsidiary of Borrower which owns such Capital Stock in accordance with the requirements of Section 7.16 and (v) any Foreign Subsidiary formed after the Closing Date pursuant to Section 8.16 may issue Capital Stock to Borrower, any Subsidiary and any other investor if the Investment in such Foreign Subsidiary by applicable law and for other nominal share issuances to Persons other than the Borrower and its Restricted Subsidiaries is made in accordance with Section 8.8. All Capital Stock issued in accordance with this Section 8.7(b) shall, to the extent required under applicable lawby the Pledge Agreement, be delivered to the Collateral Agent and (vii) issuances by Restricted Subsidiaries of pledged pursuant to the Borrower which are newly created or acquired in accordance with the terms of this Pledge Agreement.