Common use of Issuances of New Mountain Finance Securities; Mergers, Consolidation, Etc Clause in Contracts

Issuances of New Mountain Finance Securities; Mergers, Consolidation, Etc. (i) At any time New Mountain Finance issues any New Mountain Finance Securities, other than pursuant to Sections 7.4 and 9.1 of this Agreement, the Company shall issue to New Mountain Finance (x) in the case of an issuance of shares of New Mountain Finance Common Stock, including any New Mountain Finance Stock Offering and issuances of shares of New Mountain Finance Common Stock pursuant to the Dividend Reinvestment Plan, an equal number of Common Membership Units, registered in the name of New Mountain Finance or (y) in the case of an issuance of any other New Mountain Finance Securities of any other class, type or kind, an equal number of corresponding Company Interests with designations, preferences and other rights, terms and conditions (other than financial covenants applicable to New Mountain Finance or its Subsidiaries) that are substantially the same as the designations, preferences and other rights, terms and conditions of the corresponding New Mountain Finance Securities, registered in the name of New Mountain Finance. Distributions used by the plan administrator of the Dividend Reinvestment Plan to purchase New Mountain Finance Common Stock on the open market pursuant to the Dividend Reinvestment Plan shall not be considered to be received by New Mountain Finance for the purposes of this Section 3.3(e)(i) and, as a result, shall not require any additional issuance of Common Membership Units.

Appears in 9 contracts

Samples: Limited Liability Company Agreement (New Mountain Finance AIV Holdings Corp), Limited Liability Company Agreement (New Mountain Finance AIV Holdings Corp), Limited Liability Company Agreement (New Mountain Finance Corp)

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