Common use of Limitation on Preferred Stock of Restricted Subsidiaries Clause in Contracts

Limitation on Preferred Stock of Restricted Subsidiaries. The Company shall not permit any of its Restricted Subsidiaries to issue any Preferred Stock (except Preferred Stock issued to the Company or a Restricted Subsidiary of the Company) or permit any Person (other than the Company or a Restricted Subsidiary of the Company) to hold any such Preferred Stock unless such Restricted Subsidiary would be entitled to incur or assume Indebtedness (other than Permitted Indebtedness) in compliance with Section 4.10(a) in the aggregate principal amount equal to the aggregate liquidation value of the Preferred Stock to be issued.

Appears in 2 contracts

Samples: Indenture (Affinity Group Holding, Inc.), Indenture (Affinity Group Inc)

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Limitation on Preferred Stock of Restricted Subsidiaries. The Company shall not permit any of its Restricted Subsidiaries Subsidiary that is not a Guarantor to issue any Preferred Stock (except Preferred Stock issued to the Company or a Wholly-Owned Restricted Subsidiary of the CompanySubsidiary) or permit any Person (other than the Company or a Wholly-Owned Restricted Subsidiary of the CompanySubsidiary) to hold any such Preferred Stock unless the Company or such Restricted Subsidiary would be entitled to incur or assume Indebtedness under Section 4.10 (other than Permitted Indebtedness) in compliance with Section 4.10(a) in the an aggregate principal amount equal to the aggregate liquidation value of the Preferred Stock to be issued.

Appears in 2 contracts

Samples: Indenture (NSP Holdings Capital Corp.), Indenture (Norcross Capital Corp)

Limitation on Preferred Stock of Restricted Subsidiaries. The Company shall will not permit any of its Restricted Subsidiaries that are not Guarantors to issue any Preferred Stock (except Preferred Stock issued to the Company or 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 hold any such Preferred Stock unless such Restricted Subsidiary would be entitled to incur or assume Indebtedness under Section 4.10 (other than Permitted Indebtedness) in compliance with Section 4.10(a) in the aggregate principal amount equal to the aggregate liquidation value as of the date of issuance thereof of the Preferred Stock to be issued.

Appears in 1 contract

Samples: Indenture (Ifco Systems Nv)

Limitation on Preferred Stock of Restricted Subsidiaries. The Company shall not permit any of its Restricted Subsidiaries to issue any Preferred Stock (except Preferred Stock issued to the Company or a Restricted Wholly Owned Subsidiary of the Company) or permit any Person (other than the Company or a Restricted Wholly Owned Subsidiary of the Company) to hold any such Preferred Stock unless such Restricted Subsidiary would be entitled to incur or assume Indebtedness under Section 4.10 (other than Permitted Indebtedness) in compliance with Section 4.10(a) in the aggregate principal amount equal to the aggregate liquidation value as of the date of issuance thereof of the Preferred Stock to be issued.

Appears in 1 contract

Samples: Indenture (Transportation Technologies Industries Inc)

Limitation on Preferred Stock of Restricted Subsidiaries. The Company shall will not permit any of its Restricted Subsidiaries to issue any Preferred Stock (except Preferred Stock issued other than to the Company or a Wholly-Owned Subsidiary), other than Permitted Foreign Restricted Subsidiary of the Company) Preferred Stock, or permit any Person (other than the Company or a Restricted Subsidiary of the CompanyWholly-Owned Subsidiary) to hold any such Preferred Stock unless the Company or such Restricted Subsidiary would be entitled to incur or assume Indebtedness (other than Permitted Indebtedness) described in compliance with Section 4.10(a) 4.3 in the aggregate principal amount equal to the aggregate liquidation value of the Preferred Stock to be issuedissued or so held.

Appears in 1 contract

Samples: Indenture (MMH Holdings Inc)

Limitation on Preferred Stock of Restricted Subsidiaries. The Company shall not permit any of its Restricted Subsidiaries Subsidiary to issue any Preferred Stock (except Preferred Stock issued to the Company or a Restricted Subsidiary of the CompanySubsidiary) or or, other than with respect to an acquired Guarantor, permit any Person (other than the Company or a Restricted Subsidiary of the CompanySubsidiary) to hold any such Preferred Stock unless the Company or such Restricted Subsidiary would be entitled to incur or assume Indebtedness under paragraph (other than Permitted Indebtednessi) of Section 4.06 hereof in compliance with Section 4.10(a) in the an aggregate principal amount equal to the aggregate liquidation value of the Preferred Stock to be issued.

Appears in 1 contract

Samples: Indenture (United Industries Corp)

Limitation on Preferred Stock of Restricted Subsidiaries. The Company shall not permit any of its Restricted Subsidiaries to issue any Preferred Stock (except Preferred Stock issued to the Company or a Restricted Wholly-Owned Subsidiary of the -56- Company) or permit any Person (other than the Company or a Restricted Wholly-Owned Subsidiary of the Company) to hold any such Preferred Stock unless the Company or such Restricted Subsidiary would be entitled to incur or assume Indebtedness under Section 4.06 (other than Permitted Indebtedness) in compliance with Section 4.10(a) in the aggregate principal amount equal to the aggregate liquidation value of the Preferred Stock to be issued.

Appears in 1 contract

Samples: Indenture (Sandhills Inc)

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Limitation on Preferred Stock of Restricted Subsidiaries. The Company shall will not permit any of its Restricted Subsidiaries to issue any Preferred Stock (except Preferred Stock issued other than to the Company or a Wholly-Owned Subsidiary), other than Permitted Foreign Restricted Subsidiary of the Company) Preferred Stock, or permit any Person (other than the Company or a Restricted Subsidiary of the CompanyWholly-Owned Subsidiary) to hold any such Preferred Stock unless the Company or such Restricted Subsidiary would be entitled to incur or assume Indebtedness (other than Permitted Indebtedness) in compliance with under Section 4.10(a) 4.3 in the aggregate principal amount equal to the aggregate liquidation value of the Preferred Stock to be issuedissued or so held.

Appears in 1 contract

Samples: Indenture (Morris Material Handling Inc)

Limitation on Preferred Stock of Restricted Subsidiaries. The Company shall not permit any of its Restricted Subsidiaries to issue any Preferred Stock (except Preferred Stock issued to the Company or a Restricted Subsidiary of the Company) or permit any Person (other than the Company or a Restricted Subsidiary of the Company) to hold any such Preferred Stock unless such Restricted Subsidiary would be entitled to incur or assume Indebtedness under Section 4.10 (other than Permitted Indebtedness) in compliance with Section 4.10(a) in the an aggregate principal amount equal to the aggregate liquidation value of the Preferred Stock to be issued.

Appears in 1 contract

Samples: Indenture (Mariner Health Care Inc)

Limitation on Preferred Stock of Restricted Subsidiaries. The Company shall not permit any of its Restricted Subsidiaries Subsidiary that is not a Guarantor to issue any Preferred Stock (except Preferred Stock issued to the Company or a Restricted Subsidiary of the CompanySubsidiary) or permit any Person (other than the Company or a Restricted Subsidiary of the CompanySubsidiary) to hold any such Preferred Stock unless the Company or such Restricted Subsidiary would be entitled to incur or assume Indebtedness under Section 4.10 (other than Permitted Indebtedness) in compliance with Section 4.10(a) in the an aggregate principal amount equal to the aggregate liquidation value of the Preferred Stock to be issued.

Appears in 1 contract

Samples: Indenture (Brickman Group LTD)

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