Limitation on Issuance of Securities by Subsidiaries of US Borrower;
Limitation on Issuance of Securities. The Grantor shall not issue any Securities of the Trust, including any Ownership Interests, to any Person other than in connection with a financing transaction permitted under Section 2(b) of this Agreement.
Limitation on Issuance of Securities. The reference to "to such Restricted Person, to Plains MLP or to General Partner" set forth in the fourth sentence of Section 7.4 of the Original Agreement is hereby amended to refer instead to "to such Restricted Person or to Plains MLP".
Limitation on Issuance of Securities. Notwithstanding anything to the contrary contained in this Agreement, the Company shall not effect any issuance of Securities that, if, after giving effect to such issuance, such Securities are in excess of 19.9% of the total issued and outstanding shares of Common Stock of the Company as of the Closing Date or otherwise compel the Company to seek the approval of its stockholders under the applicable NASDAQ Global Market rules and regulations. [***] The Company agrees that neither it nor any Subsidiary [***]
Limitation on Issuance of Securities. The Company covenants and agrees with each Holder of Securities that the Company will not, until one hundred eighty (180) days following the date of this Indenture offer, sell, contract to sell, grant any option to purchase or otherwise dispose of, directly or indirectly, (i) any Securities or other junior subordinated notes or trust preferred securities, or (ii) any securities convertible into, or exercisable or exchangeable for, any Securities or other junior subordinated notes or trust preferred securities (any such instruments, the “Additional Securities”); provided, however, the Company shall be permitted to take such action within such one hundred eighty (180) day period so long as (a) such Additional Securities do not exceed an aggregate original principal amount of $35 million and (b) if the Additional Securities are not sold to Taberna Capital Management, LLC (or an Affiliate thereof) or such other Person designated by Taberna Capital Management, LLC (or an Affiliate thereof), the interest payable on such Additional Securities shall not exceed LIBOR plus 2.5% (or 2.5% over the applicable interest rate swap) per annum at any time any of such Additional Securities are outstanding.
Limitation on Issuance of Securities. Without the Purchaser's prior written consent (which consent will not be unreasonably withheld, delayed or conditioned), the Company shall not issue or sell any of its securities in a public or private offering generating net proceeds in excess of one million dollars ($1,000,000) until the later of: (i) the date on which a registration statement relating to the resale of the Underlying Shares is declared effective by the Securities and Exchange Commission ("SEC"); and (ii) March 31, 2002.
Limitation on Issuance of Securities. (a) The Company will not make any offer to sell, solicit any offer to buy, agree to sell or sell any security or right to acquire any security, except at such time and in such manner so as not to cause the loss of any of the exemptions for the offer and sale of the Common Shares or the Warrants hereunder and for the issuance of the Warrant Shares upon exercise of the Warrants from the registration requirements under the Securities Act or under the securities or "blue sky" laws of any jurisdiction in which such offer, sale or issuance is made.
(b) In addition to the foregoing limitation on the issue of securities, for a period commencing on the date of the Closing and ending four (4) months after a registration statement relating to the resale of the Common Shares and Warrant Shares is declared effective, without obtaining the prior written consent of the Purchaser, the Company will not (1) issue a floating convertible or similar security that provides for a minimum conversion price less than $4.5099 or (2) issue common stock or securities convertible into common stock in a capital raising transaction at a price that is less than 90% of the then existing Market Price at the time of issuance. For purposes of the foregoing "Market Price" means the lesser of (i) the ten (10) day average closing price preceding the closing or (ii) the closing price on the closing date of such transaction. Notwithstanding the foregoing, the Company shall be able to issue any such securities in connection with strategic transactions to a strategic investor.
Limitation on Issuance of Securities. Each of the Company and the Guarantor covenants and agrees with each Holder of Securities that neither the Company nor the Guarantor will, until one hundred eighty (180) days following the date of this Indenture, offer, sell, contract to sell, grant any option to purchase or otherwise dispose of, directly or indirectly, (i) any Securities or (ii) any securities convertible into, or exercisable or exchangeable for, any Securities.
Limitation on Issuance of Securities. (a) The Company will not make any offer to sell, solicit any offer to buy, agree to sell or sell any security or right to acquire any security, except at such time and in such manner so as not to cause the loss of any of the exemptions for the offer and sale of the Common Shares or the Warrants hereunder and for the issuance of the Warrant Shares upon exercise of the Warrants from the registration requirements under the Securities Act or under the securities or "blue sky" laws of any jurisdiction in which such offer, sale or issuance is made.
(b) In addition to the foregoing limitation on the issue of securities, for a period commencing on the date of the Closing and ending four (4) months after a registration statement relating to the resale of the Common Shares and Warrant Shares is declared effective, without obtaining the prior written consent of the Purchasers, the Company will not (1) issue a floating convertible or similar security that provides for a minimum conversion price less than $4.5099 or (2) issue common stock or securities convertible into common stock in a capital raising transaction at a price that is less than 90%
Limitation on Issuance of Securities. The Company covenants and agrees with each Holder of Securities that the Company will not, without the prior written consent of Holders of a majority in interest of Securities, offer, sell, contract to sell, grant any option to purchase or otherwise dispose of, directly or indirectly, (i) any Securities or other junior subordinated notes or trust preferred securities or (ii) any other securities convertible into, or exercisable or exchangeable for, any Securities or other junior subordinated notes or trust preferred securities unless the aggregate amount of Securities outstanding together with such Securities or junior subordinated notes, trust preferred securities or other securities proposed to be offered, sold, contracted for sale, granted or otherwise disposed of does not exceed twenty-five percent (25%) of the aggregate of (x) the Company’s Consolidated Tangible Net Worth (as reported in the Company’s balance sheet contained in the most recent periodic report filed with the Commission and after taking into account such Securities, junior subordinated notes, trust preferred securities or other securities proposed to be offered, sold, granted or otherwise disposed of).
