Common use of Limitation on Issuance of Capital Stock Clause in Contracts

Limitation on Issuance of Capital Stock. (a) The Borrower will not, and will not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests other than Qualified Preferred Stock of the Borrower or (ii) any redeemable common stock or other redeemable common equity interests other than common stock or other redeemable common equity interests that is redeemable at the sole option of the Borrower or such Subsidiary, as the case may be.

Appears in 9 contracts

Samples: Credit Agreement (Manitowoc Co Inc), Credit Agreement (Manitowoc Co Inc), Credit Agreement (Manitowoc Co Inc)

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Limitation on Issuance of Capital Stock. (a) The Borrower will not, and will not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests other than Qualified Preferred Stock of the Borrower or (ii) any redeemable common stock or other redeemable common equity interests other than common stock or other redeemable common equity interests that is redeemable at the sole option of the Borrower or such Subsidiary, as the case may beholder thereof.

Appears in 5 contracts

Samples: Credit Agreement (Alliance Data Systems Corp), Credit Agreement (Alliance Data Systems Corp), Credit Agreement (Alliance Data Systems Corp)

Limitation on Issuance of Capital Stock. (a) The Borrower Parent will not, and will not permit any of its Material Subsidiaries to, issue (i) any preferred stock or other preferred equity interests interests, other than Qualified Preferred Stock Interests of the Borrower Parent or (ii) any redeemable common stock or other redeemable common equity interests other than common stock or other redeemable common equity interests that is redeemable at the sole option of the Borrower Parent or such Material Subsidiary, as the case may be.

Appears in 5 contracts

Samples: Credit Agreement (Atwood Oceanics Inc), Credit Agreement (Atwood Oceanics Inc), Credit Agreement (Atwood Oceanics Inc)

Limitation on Issuance of Capital Stock. (a) The Borrower will not, and will not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests other than Qualified Preferred Stock of the Borrower or (ii) any redeemable common stock or other redeemable common equity interests other than common stock or other redeemable common equity interests that is redeemable at the sole option of the Borrower or such Subsidiary, as the case may be.

Appears in 4 contracts

Samples: Credit Agreement (Infousa Inc), Credit Agreement (Infousa Inc), Credit Agreement (Infousa Inc)

Limitation on Issuance of Capital Stock. (a) The Borrower will not, and will not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests (other than Qualified Preferred Stock of the Borrower Borrower) or (ii) any redeemable common stock or other redeemable common equity interests (other than common stock or other redeemable common equity interests that is redeemable at the sole option of the Borrower or such Subsidiary, as the case may be).

Appears in 4 contracts

Samples: Credit Agreement (Hanger Orthopedic Group Inc), Credit Agreement (Sitel Corp), Hanger Orthopedic Group Inc

Limitation on Issuance of Capital Stock. (a) The Borrower will notnot issue, and will not permit any of its Subsidiaries toSubsidiary to issue, issue (i) any preferred stock (or other preferred equivalent equity interests interests) other than Qualified Preferred Stock of the Borrower or (ii) any redeemable common stock or other redeemable common equity interests other than common stock or other redeemable common equity interests that is redeemable at the sole option of the Borrower or such Subsidiary, as the case may beStock.

Appears in 4 contracts

Samples: Credit Agreement (General Maritime Corp/), Credit Agreement (General Maritime Corp/), Credit Agreement (Todco)

Limitation on Issuance of Capital Stock. (a) The Borrower Company will not, and will not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests other than Qualified Preferred Capital Stock of the Borrower or (ii) any redeemable common stock or Capital Stock other than redeemable common equity interests other than common stock or other redeemable common equity interests Capital Stock that is redeemable at the sole option of the Borrower Company or such Subsidiary, as the case may be; provided that the foregoing shall not prohibit or otherwise restrict the issuance of any Capital Stock (including, without limitation, Preferred Capital Stock and redeemable stock) that only allows Restricted Payments to the extent permitted by Section 6.05.

Appears in 4 contracts

Samples: Credit Agreement (LKQ Corp), And Restatement Agreement (LKQ Corp), Credit Agreement (LKQ Corp)

Limitation on Issuance of Capital Stock. (a) The Borrower Holdings will not, and will not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests other than Qualified Preferred Stock of the Borrower Holdings or (ii) any redeemable common stock or other redeemable common equity interests other than common stock or other redeemable common equity interests that is redeemable at the sole option of the Borrower Holdings or such Subsidiary, as the case may be.

Appears in 3 contracts

Samples: Credit Agreement (Universal Compression Inc), Credit Agreement (Universal Compression Holdings Inc), Universal Compression Holdings Inc

Limitation on Issuance of Capital Stock. (a) The Borrower will not, and will shall not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests (other than Qualified Preferred Stock of the Borrower Stock) or (ii) any redeemable common stock or other Stock (except to the extent redeemable common equity interests other than common stock or other redeemable common equity interests that is redeemable only at the sole option of the Borrower or such Subsidiary, as the case may beBorrower).

Appears in 3 contracts

Samples: Credit Agreement (Tekni Plex Inc), Credit Agreement (Tekni Plex Inc), Credit Agreement (Tekni Plex Inc)

Limitation on Issuance of Capital Stock. (a) The Borrower will not, and Holdings will not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests Equity Interests (other than Qualified Preferred Stock of the Borrower Stock) or (ii) any redeemable common stock or other redeemable common equity interests Equity Interests other than common stock or other redeemable common equity interests Equity Interests that is are redeemable at the sole option of the Borrower or such Subsidiary, as the case may beHoldings.

Appears in 3 contracts

Samples: Credit Agreement (Bway Parent Company, Inc.), Credit Agreement (Phoenix Container, Inc.), Credit Agreement (BWAY Holding CO)

Limitation on Issuance of Capital Stock. (a) The Borrower will not, and will not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests , other than Qualified Preferred Stock of the Borrower Stock, or (ii) any redeemable common stock or other redeemable common equity interests interests, other than common stock or other redeemable common equity interests that is redeemable at the sole option of the Borrower or such Subsidiary, as the case may be.

Appears in 2 contracts

Samples: Credit Agreement (First Horizon Pharmaceutical Corp), Credit Agreement (First Horizon Pharmaceutical Corp)

Limitation on Issuance of Capital Stock. (a) The Borrower will not, and will not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests (other than Qualified Preferred Stock of issued by the Borrower Borrower) or (ii) any redeemable common stock or other redeemable common equity interests other than common stock or other redeemable common equity interests that is redeemable at the sole option of the Borrower or such Subsidiary, as the case may be.

Appears in 2 contracts

Samples: Credit Agreement (Nash Finch Co), Credit Agreement (Nash Finch Co)

Limitation on Issuance of Capital Stock. (a) The Borrower will not, and will not permit any of its Subsidiaries Company to, issue (i) any preferred stock or other preferred equity interests other than Qualified Preferred Stock of the Borrower or (ii) any redeemable common stock or other redeemable common equity interests other than common stock or other redeemable common equity interests that is redeemable at the sole option of the Borrower or such Subsidiary, as the case may beapplicable Company.

Appears in 2 contracts

Samples: Credit Agreement (Infousa Inc), Credit Agreement (Infousa Inc)

Limitation on Issuance of Capital Stock. (a) The Borrower will not, and Holdings will not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests Equity Interests (other than Qualified Preferred Stock of the Borrower Stock) or (ii) any redeemable common stock or other redeemable common equity interests Equity Interests other than common stock or other redeemable common equity interests Equity Interests that is redeemable at the sole option of the Borrower or such Subsidiary, as the case may beHoldings.

Appears in 2 contracts

Samples: Credit Agreement (Bway Corp), Credit Agreement (Bway Corp)

Limitation on Issuance of Capital Stock. (a) The Borrower will not, and will not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests Preferred Stock other than Qualified Preferred Stock of the Borrower or (ii) any redeemable common stock or other redeemable common equity interests other than common stock or other redeemable common equity interests that is redeemable at the sole option of the Borrower or such Subsidiary, as the case may beBorrower.

Appears in 2 contracts

Samples: Credit Agreement (Waters Corp /De/), Credit Agreement (Waters Corp /De/)

Limitation on Issuance of Capital Stock. (a) The Borrower Holdings will not, and will not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests Preferred Stock (other than Qualified Preferred Stock of the Borrower issued pursuant to clause (c), (d) or (e) below) or any options, warrants or rights to purchase Preferred Stock or (ii) any redeemable common stock or other redeemable common equity interests other than common stock or other redeemable common equity interests that is redeemable at unless, in either case, the issuance thereof is, and all terms thereof are, satisfactory to the Required Lenders in their sole option of the Borrower or such Subsidiary, as the case may bediscretion.

Appears in 2 contracts

Samples: Lease Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals International Inc)

Limitation on Issuance of Capital Stock. (a) The Borrower will --------------------------------------- not, and will not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests (other than Qualified Preferred Stock of the Borrower Borrower) or (ii) any redeemable common stock or other redeemable common equity interests (other than common stock or other redeemable common equity interests that is redeemable at the sole option of the Borrower or such Subsidiary, as the case may be).

Appears in 2 contracts

Samples: Credit Agreement (Idt Corp), Credit Agreement (Sylvan Learning Systems Inc)

Limitation on Issuance of Capital Stock. (a) The Other than Qualified Capital Stock issued pursuant to clause (c) below, the Borrower will not, and will not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests other than Qualified Preferred Stock of the Borrower Equity Interests or (ii) any redeemable common stock or other redeemable common equity interests Equity Interests other than common stock or other redeemable common equity interests Equity Interests that is are redeemable at the sole option of the Borrower or such Subsidiary, as the case may beBorrower.

Appears in 2 contracts

Samples: Credit Agreement (RCN Corp /De/), Credit Agreement (RCN Corp /De/)

Limitation on Issuance of Capital Stock. (a) The Borrower will not, and will not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests other than Qualified Preferred Stock of the Borrower or (ii) any redeemable common stock or other redeemable common equity interests other than common stock or other redeemable common equity interests that is redeemable at the sole option of the Borrower or such Subsidiary, as the case may beinterests.

Appears in 2 contracts

Samples: Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc)

Limitation on Issuance of Capital Stock. (a) The Borrower will not, and will not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests interests, other than Qualified Preferred Stock Interests of the Borrower or (ii) any redeemable common stock or other redeemable common equity interests other than common stock or other redeemable common equity interests that is redeemable at the sole option of the Borrower or such Subsidiary, as the case may be.

Appears in 2 contracts

Samples: Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc)

Limitation on Issuance of Capital Stock. (a) The Borrower will not, and will not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests other than stock, except that the Borrower may at any time and from time to time issue Qualified Preferred Stock of the Borrower Borrower, or (ii) any redeemable common stock or other redeemable common equity interests other than common stock or other redeemable common equity interests that is redeemable at the sole option of the Borrower or such Subsidiary, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Pagemart Wireless Inc)

Limitation on Issuance of Capital Stock. (a) The Borrower will not, and will not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests other than Qualified Preferred Stock of the Borrower or (ii) any redeemable common stock or other redeemable common equity interests other than common stock or other redeemable common equity interests that is redeemable at the sole option of the Borrower or such Subsidiary, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Nuco2 Inc /Fl)

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Limitation on Issuance of Capital Stock. (a) The Borrower will not, and will shall not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests (other than Qualified Preferred Stock of the Borrower Stock) or (ii) any redeemable common stock or other (except to the extent redeemable common equity interests other than common stock or other redeemable common equity interests that is redeemable only at the sole option of the Borrower or such Subsidiary, as the case may beBorrower).

Appears in 1 contract

Samples: Credit Agreement (Tekni Plex Inc)

Limitation on Issuance of Capital Stock. (a) The Borrower will not, and will not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests interests, other than Qualified Preferred Stock of the Borrower Stock, or (ii) any redeemable common stock or other redeemable common equity interests interests, other than common stock or other redeemable common equity interests that is redeemable at the sole option of the Borrower or such Subsidiary, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (First Horizon Pharmaceutical Corp)

Limitation on Issuance of Capital Stock. (a) The Borrower Parent will not, and will not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests interests, other than Qualified Preferred Stock Interests of the Borrower Parent or (ii) any redeemable common stock or other redeemable common equity interests other than common stock or other redeemable common equity interests that is redeemable at the sole option of the Borrower Parent or such Subsidiary, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Trico Marine Services Inc)

Limitation on Issuance of Capital Stock. (a) The Borrower will --------------------------------------- not, and will not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests other than Qualified Preferred Stock of the Borrower or (ii) any redeemable common stock or other redeemable common equity interests other than common stock or other redeemable common equity interests that is redeemable at the sole option of the Borrower or such Subsidiary, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Manitowoc Co Inc)

Limitation on Issuance of Capital Stock. (a) The Borrower will not, and will not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests (other than Qualified Preferred Stock of issued by the Borrower Borrower) or (ii) any redeemable common stock or other redeemable common equity interests (other than common stock or other redeemable common equity interests that is redeemable at the sole option of the Borrower or such Subsidiary, as the case may beBorrower).

Appears in 1 contract

Samples: Credit Agreement (Doubletree Corp)

Limitation on Issuance of Capital Stock. (a) The Borrower will not, and will not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests other than Qualified Preferred Stock of the Borrower or (ii) any redeemable common stock or other redeemable common equity interests other than common stock or other redeemable common equity interests that is redeemable at the sole option of the Borrower or such SubsidiaryBorrower, as the case may bein each case, other than Qualified Capital Stock issued pursuant to clause (c) below.

Appears in 1 contract

Samples: Credit Agreement (RCN Corp /De/)

Limitation on Issuance of Capital Stock. (a) The Borrower will not, and will not permit any of its Subsidiaries to, issue (i) any preferred stock (or other preferred equity interests equivalent Equity Interests) other than Qualified Preferred Stock of the Borrower or (ii) any redeemable common stock or other redeemable common equity interests other than common stock or other redeemable common equity interests that is redeemable (except at the sole option of the Borrower Borrower) common stock or such Subsidiary, as the case may bemembership interests (or equivalent Equity Interests).

Appears in 1 contract

Samples: Pledge and Security Agreement (Flowers Foods Inc)

Limitation on Issuance of Capital Stock. (a) The Borrower will not, and will not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests (other than Qualified Preferred Stock of issued by the Borrower Borrower) or (ii) any redeemable common stock or other redeemable common equity interests (other than common stock or other redeemable common equity interests that is redeemable at the sole option of the Borrower or such Subsidiary, as the case may beBorrower).

Appears in 1 contract

Samples: Pledge Agreement (Doubletree Corp)

Limitation on Issuance of Capital Stock. (a) The Borrower will not, and will not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests other than Qualified Preferred Stock of the Borrower or (ii) any redeemable common stock or other redeemable common equity interests (other than common stock or other redeemable common equity interests that is redeemable at the sole option of the Borrower or such Subsidiary, as the case may be).

Appears in 1 contract

Samples: Credit Agreement (Scot Inc)

Limitation on Issuance of Capital Stock. (a) The Borrower will not, and will not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests other than (x) Qualified Preferred Stock of the Borrower or (y) any preferred stock issued by a Subsidiary of the Borrower to the extent that such preferred stock is held by the Borrower or a Wholly-Owned Subsidiary thereof or (ii) any redeemable common stock or other redeemable common equity interests other than common stock or other redeemable common equity interests that is redeemable at the sole option of the Borrower or such Subsidiary, as the case may beQualified Common Stock.

Appears in 1 contract

Samples: Credit Agreement (Yellow Roadway Corp)

Limitation on Issuance of Capital Stock. (a) The Borrower will not, and will not permit any of its Subsidiaries to, issue (i) any common stock other than common stock issued pursuant to the Sale Documents and in accordance with Section 1.05(b) hereof, (ii) any preferred stock or other preferred equity interests other than Qualified Preferred Stock of the Borrower or (iiiii) any redeemable common stock or other redeemable common equity interests other than common stock or other redeemable common equity interests that is redeemable at the sole option of the Borrower or such Subsidiary, as the case may be.

Appears in 1 contract

Samples: Security Agreement (Emcore Corp)

Limitation on Issuance of Capital Stock. (a) The Neither Holdings nor the Borrower will, nor will not, and will not the Borrower permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests Equity Interests other than Qualified Preferred Stock of the Borrower or (ii) any redeemable common stock or other redeemable common equity interests Equity Interests other than common stock or other redeemable common equity interests Equity Interests that is are redeemable at the sole option of the Borrower Holdings or such Subsidiary, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Town Sports International Holdings Inc)

Limitation on Issuance of Capital Stock. (a) The Borrower will not, and will not permit any of its Subsidiaries to, issue (i) any preferred stock or other preferred equity interests other than Qualified Preferred Stock of the Borrower (including any such preferred stock issuable under the Borrower's Rights Agreement as in effect on the Effective Date) or (ii) any redeemable common stock or other redeemable common equity interests (other than common stock or other redeemable common equity interests that is redeemable at the sole option of the Borrower or such Subsidiary, as the case may be).

Appears in 1 contract

Samples: Credit Agreement (Acme Metals Inc /De/)

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