Limitation on Issuances and Sales of Capital Stock of Subsidiaries. The Company will not permit or cause any of its Restricted Subsidiaries to issue or sell any Capital Stock (other than to the Company or to a Wholly-Owned Restricted Subsidiary of the Company) or permit any Person (other than the Company or a Wholly-Owned Restricted Subsidiary of the Company) to own or hold any Capital Stock of any Restricted Subsidiary of the Company or any Lien or security interest therein (other than as required by applicable law and other than Permitted Liens); provided, however, that this provision shall not prohibit (1) any issuance or sale if, immediately after giving effect thereto, such Restricted Subsidiary would no longer constitute 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 4.10 if made on the date of such issuance or sale or (2) the sale of all of the Capital Stock of a Restricted Subsidiary in compliance with the provisions of Section 4.16.
Appears in 1 contract
Samples: Indenture (BRPP LLC)
Limitation on Issuances and Sales of Capital Stock of Subsidiaries. The Company will not permit or cause any of its Restricted Subsidiaries to issue or sell any Capital Stock (other than to the Company or to a Wholly-Wholly Owned Restricted Subsidiary of the Company) or permit any Person (other than the Company or a Wholly-Wholly Owned Restricted Subsidiary of the Company) to own or hold any Capital Stock of any Restricted Subsidiary of the Company or any Lien or security interest therein (other than as required by applicable law and other than Permitted Lienslaw); provided, however, that this provision shall not prohibit (1) any issuance or sale if, immediately after giving effect thereto, such Restricted Subsidiary would no longer constitute 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 the Section 4.10 4.09 if made on the date of such issuance or sale or sale, (2) the sale of all of the Capital Stock of a Restricted Subsidiary in compliance with the provisions of Section 4.164.11 or (3) issuances of director’s qualifying shares or sales to foreign nationals of shares of capital stock of Foreign Restricted Subsidiaries to the extent required by applicable law.
Appears in 1 contract
Samples: Indenture (Edgen Louisiana CORP)
Limitation on Issuances and Sales of Capital Stock of Subsidiaries. The Company will not permit or cause any of its Restricted Subsidiaries to issue or sell any Capital Stock (other than to the Company or to a Wholly-Wholly Owned Restricted Subsidiary of the Company) or permit any Person (other than the Company or a Wholly-Wholly Owned Restricted Subsidiary of the Company) to own or hold any Capital Stock of any Restricted Subsidiary of the Company or any Lien or security interest therein (other than as required by applicable law and other than Permitted Lienslaw); provided, however, that this provision shall not prohibit (1) any issuance or sale if, immediately after giving effect thereto, such Restricted Subsidiary would no longer constitute 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 4.10 4.09 if made on the date of such issuance or sale or (2) the sale of all of the Capital Stock of a Restricted Subsidiary in compliance with the provisions of Section 4.164.10.
Appears in 1 contract
Samples: Indenture (CitiSteel PA, Inc.)
Limitation on Issuances and Sales of Capital Stock of Subsidiaries. The Company will not permit or cause any of its Restricted Subsidiaries to issue or sell any Capital Stock except:
(other than i) to the Company or to a Wholly-Owned Restricted Subsidiary of the Company) or permit any Person (other than the Company or a Wholly-Owned Restricted Subsidiary of the CompanyCompany and so long as concurrently with the issuance thereof all steps necessary for the Collateral Agent to have a perfected security interest therein, subject to the Permitted Liens, shall have been taken;
(ii) issuances of director's qualifying shares or sales to own or hold any foreign nationals of shares of Capital Stock of any Foreign Restricted Subsidiary of Subsidiaries to the Company or any Lien or security interest therein (other than as extent required by applicable law and other than Permitted Liens); provided, however, that this provision shall not prohibit law;
(1iii) any issuance or sale if, immediately after giving effect theretoto such issuance or sale, such Restricted Subsidiary would no longer constitute 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 4.10 if made on the date of such issuance or sale or sale; or
(2iv) the sale sales of (A) all of the Capital Stock of a Restricted Subsidiary of the Company or (B) Common Stock of a Foreign Subsidiary, in each case in compliance with the provisions of Section 4.16.
Appears in 1 contract