Limitation on Issuance of Capital Stock. Except for the issuance or sale of common stock or Permitted Preferred Stock by the Borrower, issue or sell or enter into any agreement or arrangement for the issuance and sale of, or permit any of its Subsidiaries to issue or sell or enter into any agreement or arrangement for the issuance and sale of, any shares of its Capital Stock, any securities convertible into or exchangeable for its Capital Stock or any warrants.
Appears in 4 contracts
Samples: Financing Agreement (Magnetek Inc), Financing Agreement (Gametech International Inc), Financing Agreement (Xcel Pharmaceuticals Inc)
Limitation on Issuance of Capital Stock. Except for the issuance or sale of common stock Capital Stock or Permitted Preferred Stock by the Borrower, issue or sell or enter into any agreement or arrangement for the issuance and sale of, or permit any of its Restricted Subsidiaries to issue or sell or enter into any agreement or arrangement for the issuance and sale of, any shares of its Capital Stock, any securities convertible into or exchangeable for its Capital Stock or any warrants.
Appears in 3 contracts
Samples: Credit Agreement (Landrys Restaurants Inc), Credit Agreement (Landrys Restaurants Inc), Credit Agreement (Landrys Restaurants Inc)
Limitation on Issuance of Capital Stock. Except for the issuance or sale of common stock or Permitted Preferred Stock by the Borrower, issue Issue or sell or enter into any agreement or arrangement for the issuance and sale of, or permit any of its Subsidiaries to issue or sell or enter into any agreement or arrangement for the issuance and sale of, any shares of its Capital Stock, any securities convertible into or exchangeable for its Capital Stock or any warrants, provided that the Parent may issue or sell or enter into any agreement or arrangement for the issuance and sale of its Capital Stock other than any Disqualified Stock.
Appears in 3 contracts
Samples: Financing Agreement (Life Sciences Research Inc), Financing Agreement (Life Sciences Research Inc), Financing Agreement (Life Sciences Research Inc)
Limitation on Issuance of Capital Stock. Except for the issuance or sale of common stock or Permitted Preferred Stock by the Borrower, issue Issue or sell or enter into any agreement or arrangement for the issuance and sale of, or permit any of its Subsidiaries to issue or sell or enter into any agreement or arrangement for the issuance and sale of, any shares of its Capital Stock, any securities convertible into or exchangeable for its Capital Stock or any warrants; provided that the Parent may issue shares of its common stock.
Appears in 2 contracts
Samples: Financing Agreement (Allied Holdings Inc), Financing Agreement (Allied Holdings Inc)
Limitation on Issuance of Capital Stock. Except for the issuance or sale of common stock or Permitted Preferred Stock by the BorrowerGroup, issue or sell or enter into any agreement or arrangement for the issuance and sale ofof (other than, to the extent permitted pursuant to Section 7.02(f), to another Loan Party), or permit any of its Subsidiaries to issue or sell or enter into any agreement or arrangement for the issuance and sale of, any shares of its Capital Stock, any securities convertible into or exchangeable for its Capital Stock or any warrants.
Appears in 2 contracts
Samples: Financing Agreement (Frederick's of Hollywood Group Inc /Ny/), Financing Agreement (Movie Star Inc /Ny/)
Limitation on Issuance of Capital Stock. Except for the issuance or sale of common stock or Permitted Preferred Stock by the Borrower, issue Issue or sell or enter into any agreement or arrangement for the issuance and sale of, or permit any of its Subsidiaries to issue or sell or enter into any agreement or arrangement for the issuance and sale of, any shares of its Capital Stock, any securities convertible into or exchangeable for its Capital Stock or any warrants.
Appears in 2 contracts
Samples: Senior Secured Post Petition Note Purchase Agreement (Anchor Glass Container Corp /New), Credit Agreement (Idleaire Technologies Corp)
Limitation on Issuance of Capital Stock. Except for in the issuance or sale case of common stock or Permitted Preferred Stock by the BorrowerOmega, issue or sell or enter into any agreement or arrangement for the issuance and sale of, or permit any of its Subsidiaries to issue or sell or enter into any agreement or arrangement for the issuance and sale of, any shares of its Capital Stock, any securities convertible into or exchangeable for its Capital Stock or any warrantswarrants other than issuances and sales to another Loan Party.
Appears in 1 contract
Limitation on Issuance of Capital Stock. Except for the issuance as permitted by Section 7.02(c) or sale of common stock or Permitted Preferred Stock by the Borrower(h), issue or sell or enter into any agreement or arrangement for the issuance and sale of, or permit any of its Subsidiaries to issue or sell or enter into any agreement or arrangement for the issuance and sale of, any shares of its Capital Stock, any securities convertible into or exchangeable for its Capital Stock or any warrants; provided that the preceding clause shall not apply to the issuance or sale by MHI of its own Capital Stock.
Appears in 1 contract
Samples: Financing Agreement (Metallurg Inc)
Limitation on Issuance of Capital Stock. Except for Other than the issuance or sale of common stock or Permitted Preferred one share of Capital Stock by of the BorrowerBorrower to the Agent on the Effective Date, issue or sell or enter into any agreement or arrangement for the issuance and sale of, or permit any of its Subsidiaries to issue or sell or enter into any agreement or arrangement for the issuance and sale of, any shares of its Capital Stock, any securities convertible into or exchangeable for its Capital Stock or any warrants.
Appears in 1 contract
Limitation on Issuance of Capital Stock. Except for the issuance or sale of common stock or Permitted Preferred Stock by the Borrower, issue Issue or sell or enter into any agreement or arrangement for the issuance and sale of, or permit any of its Subsidiaries to issue or sell or enter into any agreement or arrangement for the issuance and sale of, any shares of its Capital Stock, any securities convertible into or exchangeable for its Capital Stock or any warrants, except as permitted under Section 6.02(c).
Appears in 1 contract
Limitation on Issuance of Capital Stock. Except for in the issuance case of the Parent’s Capital Stock (or sale of common stock any options or Permitted Preferred Stock by the Borrowerwarrants therefore), issue or sell or enter into any agreement or arrangement for the issuance and sale of, or permit any of its Subsidiaries to issue or sell or enter into any agreement or arrangement for the issuance and sale of, any shares of its Capital Stock, any securities convertible into or exchangeable for its Capital Stock or any warrants.
Appears in 1 contract
Limitation on Issuance of Capital Stock. Except for pursuant to the issuance or sale of common stock or Permitted Preferred Stock by the BorrowerSecurities Purchase Agreement, issue or sell or enter into any agreement or arrangement for the issuance and sale of, or permit any of its Subsidiaries to issue or sell or enter into any agreement or arrangement for the issuance and sale of, any shares of its Capital Stock, any securities convertible into or exchangeable for its Capital Stock or any warrants.
Appears in 1 contract
Limitation on Issuance of Capital Stock. Except for the issuance or sale of common stock Capital Stock or Permitted Preferred Stock by the Parent or the Borrower, issue or sell or enter into any agreement or arrangement for the issuance and of the Borrower Warrants or the issuance or sale ofof Capital Stock in connection with the exercise of the Borrower Warrants, or permit any of its Subsidiaries to as otherwise permitted by Section 7.02(e)(i)(B), issue or sell or enter into any agreement or arrangement for the issuance and sale of, any shares of its Capital Stock, any securities convertible into or exchangeable for its Capital Stock or any warrants.
Appears in 1 contract
Samples: Financing Agreement (OTG EXP, Inc.)
Limitation on Issuance of Capital Stock. Except for the issuance or sale of common stock or Permitted Preferred Stock by the BorrowerParent, issue or sell or enter into any agreement or arrangement for the issuance and sale of, or permit any of its Subsidiaries to issue or sell or enter into any agreement or arrangement for the issuance and sale of, any shares of its Capital capital Stock, any securities convertible into or exchangeable for its Capital capital Stock or any warrants.
Appears in 1 contract
Samples: Credit Agreement (Magnetek Inc)
Limitation on Issuance of Capital Stock. Except for the issuance or sale of common stock or Permitted Preferred Stock by the Borrower, issue Issue or sell or enter into any agreement or arrangement for the issuance and sale of, or permit any of its Subsidiaries to issue or sell or enter into any agreement or arrangement for the issuance and sale of, any shares of its Capital Stock, any securities convertible into or exchangeable for its Capital Stock or any warrantswarrants other than issuances by the Parent of Capital Stock or options, warrants and other convertible securities for Capital Stock to the extent not otherwise prohibited by the other terms of this Agreement or the other Loan Documents.
Appears in 1 contract
Samples: Financing Agreement (North Atlantic Trading Co Inc)
Limitation on Issuance of Capital Stock. Except for the issuance or sale of common stock or Permitted Preferred Stock by the Borroweras otherwise provided in Schedule 7.12, issue or sell or enter into any agreement or arrangement for the issuance and sale of, or permit any of its Subsidiaries to issue or sell or enter into any agreement or arrangement for the issuance and sale of, any shares of its Capital Stock, any securities convertible into or exchangeable for its Capital Stock or any warrants.
Appears in 1 contract
Limitation on Issuance of Capital Stock. Except for the issuance or sale of common stock or Permitted Preferred Stock by the BorrowerHoldings, issue or sell or enter into any agreement or arrangement for the issuance and sale of, or permit any of its Subsidiaries to issue or sell or enter into any agreement or arrangement for the issuance and sale of, any shares of its Capital Stock, any securities convertible into or exchangeable for its Capital Stock or any warrants.
Appears in 1 contract
Samples: Financing Agreement (Spheris Inc.)
Limitation on Issuance of Capital Stock. Except for the issuance or sale of common stock or Permitted Preferred Stock by the Borrower, issue or sell or enter into any agreement or arrangement for the issuance and sale of, or permit any of its Subsidiaries to issue or sell or enter into any agreement or arrangement for the issuance and sale of, any shares of its Capital Stock, any securities convertible into or exchangeable for its Capital Stock or any warrants.
Appears in 1 contract
Limitation on Issuance of Capital Stock. Except for the issuance or sale of common stock or its equivalent by the Borrower to the Trust (or after a Permitted Preferred Stock Merger involving the Borrower and the Trust, by the Borrower), issue or sell or enter into any agreement or arrangement for the issuance and sale of, or permit any of its Subsidiaries to issue or sell or enter into any agreement or arrangement for the issuance and sale of, any shares of its Capital Stock, any securities convertible into or exchangeable for its Capital Stock or any warrants.
Appears in 1 contract
Samples: Financing Agreement (Compass Group Diversified Holdings LLC)
Limitation on Issuance of Capital Stock. Except for the issuance or sale of common stock or Permitted Preferred Stock by the BorrowerParent, issue or sell or enter into any agreement or arrangement for the issuance and sale of, or permit any of its Subsidiaries to issue or sell or enter into any agreement or arrangement for the issuance and sale of, any shares of its Capital Stock, any securities convertible into or exchangeable for its Capital Stock or any warrants.
Appears in 1 contract
Limitation on Issuance of Capital Stock. Except for the issuance or sale of common stock or Permitted Preferred Stock by the Borrower, issue (i) Issue or sell or enter into any agreement or arrangement for the issuance and sale ofof any shares of its Capital Stock, any securities convertible into or permit exchangeable for its Capital Stock or any warrants, options or other rights for the purchase or acquisition of any of its Capital Stock.
(ii) Permit any of its Subsidiaries to issue or sell or enter into any agreement or arrangement for the issuance and sale of, of any shares of its Capital Stock, any securities convertible into or exchangeable for its Capital Stock or any warrants.
Appears in 1 contract
Samples: Financing Agreement (Tri State Outdoor Media Group Inc)
Limitation on Issuance of Capital Stock. Except for the issuance or sale of common stock or Permitted Preferred Stock by the Borrower, issue Issue or sell or enter into any agreement or arrangement for the issuance and sale of, or permit any of its Subsidiaries to issue or sell or enter into any agreement or arrangement for the issuance and sale of, any shares of its Capital Stock, any securities convertible into or exchangeable for its Capital Stock or any warrants, other than the issuance and sale of common Capital Stock, the Series A Preferred Stock or, subject to the prior written consent of the Agents, any other Capital Stock.
Appears in 1 contract
Samples: Financing Agreement (Gordon Biersch Brewery Restaurant Group, Inc.)
Limitation on Issuance of Capital Stock. Except for the issuance or and sale of common stock or Permitted Preferred shares of the Capital Stock by of the Borrower, issue or sell sell, or enter into any agreement or arrangement for the issuance and sale of, or permit any of its Subsidiaries to issue or sell or enter into any agreement or arrangement for the issuance and sale of, any shares of its Capital Stock, any securities convertible into or exchangeable for its Capital Stock or any warrants.
Appears in 1 contract
Limitation on Issuance of Capital Stock. Except for the issuance or sale of common stock or Permitted Preferred Stock by the Borrower, issue Issue or sell or enter into any agreement or arrangement for the issuance and sale of, or permit any of its Subsidiaries to issue or sell or enter into any agreement or arrangement for the issuance and sale of, any shares of its Capital Stock, any securities convertible into or exchangeable for its Capital Stock or any warrants; provided, however, that the Parent may issue Capital Stock so long as the Net Cash Proceeds are applied in accordance with Section 2.05(c)(vi) hereof.
Appears in 1 contract
Limitation on Issuance of Capital Stock. Except for the issuance or sale by the Borrower of common stock or stock, Permitted Preferred Stock by or any securities convertible into, exercisable for or exchangeable for common stock of the Borrower, issue or sell or enter into any agreement or arrangement for the issuance and sale of, or permit any of its Subsidiaries to issue or sell or enter into any agreement or arrangement for the issuance and sale of, any shares of its Capital Stock, any securities convertible into or exchangeable for its Capital Stock or any warrants.
Appears in 1 contract
Samples: Credit Agreement (KCS Energy Inc)