Common use of Limitation on Issuances and Sales of Capital Stock of Restricted Subsidiaries Clause in Contracts

Limitation on Issuances and Sales of Capital Stock of Restricted Subsidiaries. The Company will not sell, and will not permit any Restricted Subsidiary, directly or indirectly, to issue or sell any shares of Capital Stock (or any options, warrants or other rights to purchase such Capital Stock) of a Restricted Subsidiary, except (i) any sale or issuance of Capital Stock to the Company or a Wholly Owned Restricted Subsidiary, (ii) any sale or issuance of Common Stock to directors as director qualifying shares, but only to the extent required under applicable law, (iii) any sale or other disposition of all, but not less than all, of the issued and outstanding Capital Stock of any Restricted Subsidiary owned by the Company and the Restricted Subsidiaries or (iv) any sale or issuance of Capital Stock of a Restricted Subsidiary (other than pursuant to clauses (i) or (ii)) if such Restricted Subsidiary would no longer be a Restricted Subsidiary immediately after such transaction and any Investment in such Person remaining after giving effect to such sale or issuance would have been permitted to be made under Section 10.13 hereof, and, in the case of both (iii) and (iv), in compliance with Section 10.15 hereof.

Appears in 2 contracts

Samples: Indenture (Rhythms Net Connections Inc), Indenture (Rhythms Net Connections Inc)

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Limitation on Issuances and Sales of Capital Stock of Restricted Subsidiaries. The Company will not sellnot, and will not permit any Restricted SubsidiarySubsidiary to, directly or indirectly, to issue or sell any shares of Capital Stock (or any options, warrants or other rights to purchase such Capital Stock) of a Restricted Subsidiary, except Subsidiary (i) any sale or issuance of Capital Stock other than to the Company or a Wholly Owned Restricted Subsidiary) except that the provisions of this Section 1010 shall not prohibit (i) the ownership by directors of director's qualifying shares or the ownership by foreign nationals of shares of Capital Stock of any Restricted Subsidiary, to the extent mandated by applicable law; (ii) issuances or sales of Capital Stock if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer be a Restricted Subsidiary and any Investment in such Person remaining after giving effect to such issuance or sale would have been permitted to be made under Section 1009 if made on the date of such issuance and sale; or issuance of Common Stock to directors as director qualifying shares, but only to the extent required under applicable law, (iii) any the issuance and sale or other disposition of all, but not less than all, of the issued and outstanding Capital Stock of any Restricted Subsidiary owned by the Company and the Restricted Subsidiaries or (iv) any sale or issuance of Capital Stock of a Restricted Subsidiary (other than pursuant to clauses (i) or (ii)) if such Restricted Subsidiary would no longer be a Restricted Subsidiary immediately after such transaction and any Investment in such Person remaining after giving effect to such sale or issuance would have been permitted to be made under Section 10.13 hereof, and, in the case of both (iii) and (iv), in compliance with Section 10.15 hereof1015.

Appears in 1 contract

Samples: Indenture (Dti Holdings Inc)

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Limitation on Issuances and Sales of Capital Stock of Restricted Subsidiaries. The Company will Issuers shall not, and shall not permit any of their respective Restricted Subsidiaries to, transfer, convey, sell, lease or otherwise dispose of any Capital Stock of such Restricted Subsidiary or any other Restricted Subsidiary to any Person other than the Issuers or a Restricted Subsidiary; and will not permit any Restricted SubsidiarySubsidiary to issue shares of its Capital Stock or securities convertible into, directly or indirectlywarrants, rights or options, to issue subscribe for or sell any purchase shares of of, its Capital Stock (to any Person other than the Issuers or any options, warrants or other rights to purchase such Capital Stock) of a Restricted Subsidiary, except unless, in each such case: (ia) any sale immediately after giving effect to such issuance or issuance of Capital Stock to the Company or a Wholly Owned Restricted Subsidiarysale, (ii) any sale or issuance of Common Stock to directors as director qualifying shares, but only to the extent required under applicable law, (iii) any sale or other disposition of all, but not less than all, of the issued and outstanding Capital Stock of any Restricted Subsidiary owned by the Company and the Restricted Subsidiaries or (iv) any sale or issuance of Capital Stock of a Restricted Subsidiary (other than pursuant to clauses (i) or (ii)) if such Restricted Subsidiary would no longer be constitute a Restricted Subsidiary immediately after such transaction and any Investment in such Person remaining after giving effect to such issuance or sale or issuance would have been permitted to be made under Section 10.13 hereof, and, 1010; or (b) if such sale or disposition is effected in accordance with the case provisions under Section 1014; 77 The foregoing shall not prohibit the issuance of both (iii) Capital Stock of a Restricted Subsidiary of either Issuer pursuant to an employee stock option plan approved by the Boards of Directors of the Restricted Subsidiary and (iv), in compliance with Section 10.15 hereofsuch Issuer.

Appears in 1 contract

Samples: Indenture (Voicestream Wireless Corp /De)

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