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

Limitation on Issuance of Capital Stock. (a) With respect to Holdings, issue after the Original Closing Date any Equity Interest that is not Qualified Capital Stock. (b) Neither Intermediate Holdings nor Borrower will, and will not permit any Subsidiary, to issue any Equity Interest of any Subsidiary (including by way of sales of treasury stock) or any options or warrants to purchase, or securities convertible into, Equity Interest of any Subsidiary, except (i) for stock splits, stock dividends and additional Equity Interests issuances which do not decrease the percentage ownership of Borrower or any Subsidiaries in any class of the Equity Interest of such Subsidiary; (ii) Subsidiaries of Borrower formed after the Closing Date pursuant to Section 6.12 may issue Equity Interests to Borrower or the Subsidiary which is to own such stock; and (iii) Borrower may issue common stock that is Qualified Capital Stock to Holdings. All Equity Interests issued in accordance with this Section 6.11(b) shall, to the extent required by Section 5.12 or the Security Agreements and Foreign Pledge Agreements, be delivered to the Collateral Agent for pledge pursuant to the Security Agreements and Foreign Pledge Agreements.

Limitation on Issuance of Capital Stock. (a) With respect to Holdings, issue after the Original Closing Date any Equity Interest that is not Qualified Capital Stock. (b) Neither Intermediate Holdings nor Borrower willwill not, and Borrower will not permit any SubsidiarySubsidiary of Borrower, to issue any Equity Interest of any Subsidiary (including by way of sales of treasury stock) or any options or warrants to purchase, or securities convertible into, any Equity Interest of any SubsidiaryInterest, except (i) for stock splits, stock dividends and additional Equity Interests issuances which do not decrease the percentage ownership of Borrower by Holdings or of any Subsidiaries by Borrower or any Subsidiaries other Subsidiary of Borrower in any class of the Equity Interest of such Subsidiary; (ii) Subsidiaries of Borrower formed after the Closing Date pursuant to Section 6.12 may issue Equity Interests to Borrower or the Subsidiary which is to own such stock; and (iii) Borrower may issue common stock that is Qualified Capital Stock to Holdings. All Equity Interests issued in accordance with this Section 6.11(b) shall, to the extent required by Section 5.12 or the Security Agreements and Foreign Pledge AgreementsAgreement, be delivered to the Collateral Agent for pledge pursuant to the Security Agreements and Foreign Pledge AgreementsAgreement.

Limitation on Issuance of Capital Stock. (a) a. With respect to Holdings, issue after the Original Closing Date any Equity Interest that is not Qualified Capital Stock. b. With respect to Borrower or any Restricted Subsidiary of Borrower (b) Neither Intermediate Holdings nor Borrower willother than a JV Subsidiary), and will not permit any Subsidiary, to issue any Equity Interest of any Subsidiary (including by way of sales of treasury stock) or any options or warrants to purchase, or securities convertible into, any Equity Interest of any SubsidiaryInterest, except (i) for stock splits, stock dividends and additional issuances of Equity Interests issuances by a Restricted Subsidiary which do not decrease the percentage ownership of Borrower or any Restricted Subsidiaries in any class of the Equity Interest of such Restricted Subsidiary; (ii) Restricted Subsidiaries of Borrower formed after the Closing Date pursuant to Section 6.12 may issue Equity Interests to Borrower or the any Restricted Subsidiary which is of Borrower (provided that no Subsidiary Guarantor shall issue Equity Interests (or any such options, warrants or convertible securities) to own such stock; and a Non-Guarantor Subsidiary), (iii) Borrower may issue common stock that is Qualified Capital Stock to Holdings; and (iv) any Restricted Subsidiary may issue a de minimis amount of Equity Interests to a third party to comply with Requirements of Law. All Equity Interests issued in accordance with this Section 6.11(b6.12(b) shall, to the extent required by Section Sections 5.11 and 5.12 or the any Security Agreements and Foreign Pledge AgreementsAgreement or if such Equity Interests are issued by Borrower, be delivered to the Collateral Agent for pledge pursuant to the applicable Security Agreements and Foreign Pledge AgreementsAgreement.

Limitation on Issuance of Capital Stock. (a) With respect to Holdings, issue after the Original Closing Date any Equity Interest that is not Qualified Capital Stock. (b) Neither Intermediate Holdings nor With respect to Borrower willor any Restricted Subsidiary of Borrower (other than a JV Subsidiary), and will not permit any Subsidiary, to issue any Equity Interest of any Subsidiary (including by way of sales of treasury stock) or any options or warrants to purchase, or securities convertible into, any Equity Interest of any SubsidiaryInterest, except (i) for stock splits, stock dividends and additional issuances of Equity Interests issuances by a Restricted Subsidiary which do not decrease the percentage ownership of Borrower or any Restricted Subsidiaries in any class of the Equity Interest of such Restricted Subsidiary; (ii) Restricted Subsidiaries of Borrower formed after the Closing Date pursuant to Section 6.12 may issue Equity Interests to Borrower or the any Restricted Subsidiary which is of Borrower (provided that no Subsidiary Guarantor shall issue Equity Interests (or any such options, warrants or convertible securities) to own such stock; and a Non-Guarantor Subsidiary), (iii) Borrower may issue common stock that is Qualified Capital Stock to Holdings; and (iv) any Restricted Subsidiary may issue a de minimis amount of Equity Interests to a third party to comply with Requirements of Law. All Equity Interests issued in accordance with this Section 6.11(b6.12(b) shall, to the extent required by Section Sections 5.11 and 5.12 or the any Security Agreements and Foreign Pledge AgreementsAgreement or if such Equity Interests are issued by Borrower, be delivered to the Collateral Agent for pledge pursuant to the applicable Security Agreements and Foreign Pledge AgreementsAgreement.

Limitation on Issuance of Capital Stock. (a) With respect to Holdings, issue after the Original Closing Date any Equity Interest that is not Qualified Capital Stock. (b) Neither Intermediate Holdings nor Borrower will, and will not permit any Subsidiary, to issue any Equity Interest of any Subsidiary (including by way of sales of treasury stock) or any options or warrants to purchase, or securities convertible into, Equity Interest of any Subsidiary, except (i) for stock splits, stock dividends and additional Equity Interests issuances which do not decrease the percentage ownership of Borrower or any Subsidiaries in any class of the Equity Interest of such Subsidiary; (ii) Subsidiaries of Borrower formed after the Closing Date pursuant to Section 6.12 may issue Equity Interests to Borrower or the Subsidiary which is to own such stock; and (iii) Borrower may issue common stock that is Qualified Capital Stock to Holdings. All Equity Interests issued in accordance with this Section 6.11(b) shall, to the extent required by Section 5.12 or the Security Agreements and Foreign Pledge Agreements, be delivered to the Collateral Agent for pledge pursuant to the Security Agreements and Foreign Pledge Agreements.

Limitation on Issuance of Capital Stock. (a) With respect to Holdingsthe Borrower, issue after the Original Closing Date any Equity Interest that is not Qualified Capital Stock; it being understood that the Borrower may issue Qualified Capital Stock pursuant to a Convertible Debt Issuance. (b) Neither Intermediate Holdings nor Borrower will, and will not permit With respect to any Subsidiary, to issue any Equity Interest of any Subsidiary (including by way of sales of treasury stock) or any options or warrants to purchase, or securities convertible into, any Equity Interest of any SubsidiaryInterest, except (i) for stock splits, stock dividends and additional issuances of Equity Interests issuances which do not decrease the percentage ownership of the Borrower or any Subsidiaries in any class of the Equity Interest of such Subsidiary; and (ii) Subsidiaries of the Borrower formed after the Closing Effective Date pursuant to Section 6.12 may issue Equity Interests to the Borrower or the Subsidiary of the Borrower which is to own such stock; and (iii) Borrower may issue common stock that is Qualified Capital Stock to HoldingsEquity Interests. All Equity Interests issued in accordance with this Section 6.11(b6.13(b) shall, to the extent required by Section Sections 5.11 and 5.12 or the Security Agreements and Foreign Pledge Agreementsany Collateral Document, be delivered to the Collateral Administrative Agent for pledge pursuant to the Security Agreements and Foreign Pledge Agreementsapplicable Collateral Document.

Limitation on Issuance of Capital Stock. (a) With respect to HoldingsBorrower, issue after the Original Closing Date any Equity Interest that is not Qualified Capital Stock; it being understood that Borrower may issue Qualified Capital Stock pursuant to a Convertible Debt Issuance. (b) Neither Intermediate Holdings nor Borrower will, and will not permit With respect to any Subsidiary, to issue any Equity Interest of any Subsidiary (including by way of sales of treasury stock) or any options or warrants to purchase, or securities convertible into, any Equity Interest of any SubsidiaryInterest, except (i) for stock splits, stock dividends and additional issuances of Equity Interests issuances which do not decrease the percentage ownership of Borrower or any Subsidiaries in any class of the Equity Interest of such Subsidiary; (ii) in connection with the Restructuring; and (iii) Subsidiaries of Borrower formed after the Closing Date pursuant to Section 6.12 may issue Equity Interests to Borrower or the Subsidiary of Borrower which is to own such stock; and (iii) Borrower may issue common stock that is Qualified Capital Stock to HoldingsEquity Interests. All Equity Interests issued in accordance with this Section 6.11(b6.13(b) shall, to the extent required by Section Sections 5.11 and 5.12 or the any Security Agreements and Foreign Pledge AgreementsAgreement, be delivered to the Collateral Agent for pledge pursuant to the applicable Security Agreements and Foreign Pledge AgreementsAgreement.

Limitation on Issuance of Capital Stock. (a) With respect to HoldingsBorrower, issue after the Original Closing Date any Equity Interest that is not Qualified Capital Stock. (b) Neither Intermediate Holdings nor Borrower will, and will not permit With respect to any Subsidiary, to issue any Equity Interest of any Subsidiary (including by way of sales of treasury stockstock but not including directors’ qualifying shares or Equity Interests that are required to be held by another person in order to satisfy a foreign Requirement of Law requiring an equity owner resident in the local jurisdiction) or any options or warrants to purchase, or securities convertible into, any Equity Interest of any SubsidiaryInterest, except (i) for stock splits, stock dividends and additional issuances of Equity Interests issuances which do not decrease the percentage ownership of Borrower or any Subsidiaries in any class of the Equity Interest of such Subsidiary; Subsidiary and (ii) Subsidiaries of Borrower formed after the Closing Date pursuant to in accordance with Section 6.12 6.13 may issue Equity Interests to Borrower or the Subsidiary of Borrower which is to own such stock; and (iii) Borrower may issue common stock that is Qualified Capital Stock to HoldingsEquity Interests. All Equity Interests issued in accordance with this Section 6.11(b6.12(b) shall, to the extent required by Section Sections 5.11 and 5.12 or the any Security Agreements and Foreign Pledge AgreementsAgreement or if such Equity Interests are issued by Borrower, be delivered to the Collateral Agent for pledge pursuant to the applicable Security Agreements and Foreign Pledge AgreementsAgreement.