Limitation on Issuances of Capital Stock. (a) None of the Borrowers will permit any of its Subsidiaries to issue any capital stock (including by way of sales of treasury stock) or any options or warrants to purchase, or securities convertible into, capital stock, except for (i) transfers and replacements of then outstanding shares of capital stock, (ii) stock splits, stock dividends and similar issuances which do not decrease the percentage ownership of such Borrower or any of its Subsidiaries in any class of the capital stock of such Subsidiary, (iii) issuances of common stock by Wholly-Owned Subsidiaries of Silgan to Silgan or a Wholly-Owned Domestic Subsidiary thereof, (iv) issuances of common stock by Foreign Subsidiaries of Silgan to Silgan or a Wholly-Owned Subsidiary thereof, (v) issuances of common stock by newly created Subsidiaries in accordance with the terms of this Agreement and (vi) in the case of Foreign Subsidiaries of Silgan, nominal shares to local nationals and to qualify directors, in each case to the extent required by Applicable Law.
(b) None of the Borrowers will, nor will it permit any of its Subsidiaries to, issue any class of (i) preferred stock other than (x) Qualified Preferred Stock of Silgan and (y) preferred stock issued by Foreign Subsidiaries of Silgan to a US Credit Party or a Foreign Credit Party or (ii) redeemable common stock other than at the sole option of such Borrower or such Subsidiary.
Limitation on Issuances of Capital Stock. Issue (a) any preferred stock or (b) any class of redeemable common stock, provided, however, that the Borrower may issue Qualified Stock.
Limitation on Issuances of Capital Stock. Neither the Issuers nor any Restricted Subsidiary will issue any Capital Stock to any Person other than to the Company.
Limitation on Issuances of Capital Stock issue any Capital Stock, except for (i) Common Stock issued to the Lender or its designee pursuant to Article VIII or the Warrant, (ii) Common Stock issued to bona fide third-party purchasers that results in the receipt by Zoo Entertainment of net proceeds from such issuance of at least 150% of the Conversion Price per share of Common Stock so issued, (iii) up to 1,270,068 shares of Common Stock issuable upon the exercise of the 1,270,068 Zoo Entertainment warrants outstanding as of September 30, 2011, as disclosed on page 23 of the Quarterly Report on Form 10-Q filed by Zoo Entertainment with the SEC on November 21, 2011 (the “November 10-Q”), (iv) up to 1,222,659 shares of Common Stock issuable upon exercise of Zoo Entertainment stock options outstanding as of September 30, 2011, as disclosed on page 22 of the November 10-Q, and (v) without duplication of shares included in the foregoing clause (iii) or (iv), up to 992,770 shares of Common Stock issuable pursuant to Zoo Entertainment’s 2007 Employee, Director and Consultant Stock Plan, as amended prior to the Closing Date; or
Limitation on Issuances of Capital Stock. (a) None of the Borrowers will permit any of its Subsidiaries to issue any capital stock (including by way of sales of treasury stock) or any options or warrants to purchase, or securities convertible into, capital stock, except for (i) transfers and replacements of then outstanding shares of capital stock, (ii) stock splits, stock dividends and similar issuances which do not decrease the percentage ownership of such Borrower or any of its Subsidiaries in any class of the capital stock of such Subsidiary and (iii) issuances of common stock by Wholly-Owned Subsidiaries of Silgan to Silgan or a Wholly-Owned Domestic Subsidiary thereof.
(b) None of the Borrowers will, nor will it permit any of its Subsidiaries to, issue any class of (i) preferred stock other than Qualified Preferred Stock of Silgan or (ii) redeemable common stock other than at the sole option of such Borrower or such Subsidiary.
Limitation on Issuances of Capital Stock. The Guarantor will not issue any capital stock other than the common stock of the Guarantor issued and outstanding as of the Date of Closing and common stock issued as a result of a stock split, stock dividend or similar transaction.
Limitation on Issuances of Capital Stock. The Borrower will not, and will not permit any Subsidiary of the Borrower to, at any time, issue, sell, assign or otherwise dispose of (a) any of its Capital Stock, (b) any securities exchangeable for or convertible into or carrying any rights to acquire any of its Capital Stock, or (c) any option, warrant or other right to acquire any of its Capital Stock, in each case to any Person other than Holdings (in the case of Capital Stock of the Borrower) or the Borrower (in the case of Capital Stock of a Subsidiary of the Borrower). All such Capital Stock, securities, options, warrants and other rights issued, sold, assigned or disposed of shall be, and shall continue to be, subject to a first priority Lien in favor of the Administrative Agent (or the Collateral Agent, if the Collateral Agency Agreement is in effect) and the Lenders as security for the payment and performance of the Obligations.
Limitation on Issuances of Capital Stock. For as long as the Buyer and its Affiliates own at least 10% of the Fully Diluted Number of shares of Common Stock, the Company shall not, without the prior written consent of the Buyer, issue shares of its Common Stock at, or securities convertible or exercisable for shares of Common Stock with a conversion or exercise price equal to, a price per share less than $3.75 (subject to appropriate and equitable adjustment in the event of stock splits, dividends, subdivisions, recapitalizations and similar transactions).
Limitation on Issuances of Capital Stock of Restricted ------------------- Subsidiaries. ------------- The Company will not permit any of the Restricted Subsidiaries (other than an Accounts Receivable Entity) to issue any Preferred Stock after the Issue Date (other than to the Company or to a Restricted Subsidiary) or permit any Person (other than the Company or a Restricted Subsidiary) to own after the Issue Date any Preferred Stock of any Restricted Subsidiary (other than an Accounts Receivable Entity). The Company will not, and will not permit any Restricted Subsidiary (other than an Accounts Receivable Entity) to, issue, sell, transfer or dispose of on or after the Issue Date any Capital Stock of any Restricted Subsidiary that is not a Guarantor (other than the granting of Liens permitted by Section 4.15) unless such issuance, sale, transfer or disposition is to the Company or another Restricted Subsidiary, constitutes a director's qualifying shares or results in the issuer of such Capital Stock no longer being a Restricted Subsidiary.
Limitation on Issuances of Capital Stock. (a) The Borrower will not permit any of its Subsidiaries to issue any Equity Interests (including by way of sales of treasury stock) or any options or warrants to purchase, or securities convertible into, Equity Interests, except (i) for transfers and replacements of then outstanding shares of Equity Interests, (ii) for stock splits, stock dividends and issuances which do not decrease the percentage ownership of the Borrower or any of its Subsidiaries in any class of the Equity Interests of such Subsidiary, (iii) to qualify directors to the extent required by applicable law, or (iv) for issuances by newly created or acquired Subsidiaries in accordance with the terms of this Agreement.
(b) The Borrower will not issue any capital stock which is not common stock or Qualified Preferred Stock.
