Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company shall not sell, and shall not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except: (i) to the Company or a Wholly Owned Restricted Subsidiary; (ii) 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; (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary, PROVIDED any Investment in such Person remaining after giving effect to such issuance or sale would have been permitted to be made under Section 4.04, if made on the date of such issuance or sale; and (iv) sales of Common Stock of a Restricted Subsidiary; PROVIDED that the Net Cash Proceeds, if any, of such sale are applied in accordance with clause (A) or (B) of Section 4.10.
Appears in 1 contract
Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company shall will not sell, and shall will not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except:
except (i) to the Company or a Wholly Owned Restricted Subsidiary;
; (ii) 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;
; (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary, PROVIDED 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 4.04, 4.04 hereof if made on the date of such issuance or sale; and
or (iv) issuances or sales of Common Stock common stock of a Restricted Subsidiary; , PROVIDED that the Company or any Restricted Subsidiary applies an amount equal to the Net Cash Proceeds, if any, of such sale are applied Proceeds thereof in accordance with clause (A) or (B) of Section 4.104.11 hereof.
Appears in 1 contract
Samples: Indenture (KMC Telecom Holdings Inc)
Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company shall will at all times own 100% of the Voting Stock of the Issuer (or its successor as permitted under SECTION 5.01). The Company will not sell, and shall will not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except:
(i) to the Company or a Wholly Owned Restricted Subsidiary;
(ii) issuances of director's qualifying shares or sales to foreign nationals of shares of Capital Stock of foreign Restricted Foreign Subsidiaries, to the extent required by applicable law;
(iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary, PROVIDED 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 4.04, SECTION 4.04 if made on the date of such issuance or sale; andor
(iv) sales the sale or issuance of Common Stock common stock (other than Disqualified Stock) of a Restricted Subsidiary; PROVIDED that the Net Cash ProceedsSubsidiaries, if any, of the proceeds from such issuance and sale are applied in accordance with clause (A) or (B) of Section 4.10SECTION 4.11.
Appears in 1 contract
Samples: Indenture (Stone Container Finance CO of Canada II)
Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company shall not sell, and shall not permit any Restricted SubsidiarySubsidiary of the Company, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except:
(ia) to the Company or a Wholly Owned Restricted SubsidiarySubsidiary of the Company;
(iib) issuances issuance of director's qualifying shares or sales to foreign nationals of shares of Capital Stock of foreign Foreign Restricted SubsidiariesSubsidiaries of the Company, to the extent required by applicable law;
(iiic) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary, PROVIDED Subsidiary of the Company and any Investment in such Person remaining after giving effect to such issuance or sale would have been permitted to be made under Section 4.04, 4.3 if made on the date of such issuance or sale; andor
(ivd) sales the sale or issuance of Common Stock that is Qualified Capital Stock of a Restricted Subsidiary; PROVIDED that Subsidiaries of the Net Cash ProceedsCompany, if any, of the proceeds from such issuance and sale are applied in accordance with clause (A) or (B) of Section 4.104.18.
Appears in 1 contract
Samples: Indenture (RPP Capital Corp)
Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company shall will not sell, and shall will not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except:
except (i) to the Company or a Wholly Owned Restricted Subsidiary;
; (ii) 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;
; (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary, PROVIDED 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 4.04, 4.04 if made on the date of such issuance or sale; and
or (iv) issuances or sales of Common Stock of a Restricted Subsidiary; PROVIDED provided that the Company or such Restricted Subsidiary applies the Net Cash Proceeds, if any, of any such sale are applied in accordance with clause (A) or (B) of Section 4.10.
Appears in 1 contract
Samples: Indenture (Dobson Wireline Co)
Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company shall will not sell, and shall will not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except:
except (i) to the Company or a Wholly Owned Restricted Subsidiary;
; (ii) 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;
; (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary, PROVIDED 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 4.04, 4.05 if made on the date of such issuance or sale; and
or (iv) issuances or sales of Common Stock of a Restricted Subsidiary; PROVIDED , provided that the Company or such Restricted Subsidiary applies the Net Cash Proceeds, if any, of any such sale are applied in accordance with clause (A) or (B) of Section 4.104.11.
Appears in 1 contract
Samples: Indenture (Ccir of California Corp)
Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company shall will not sell, and shall will not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except:
except (i) to the Company or a Wholly Owned Restricted Subsidiary;
, (ii) 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;
, (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary, PROVIDED 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 4.04, 4.9 if made on the date of such issuance or sale; and
sale or (iv) issuances or sales of Common Stock of a Restricted Subsidiary; PROVIDED that Subsidiary to minority investors, provided the Company or such Restricted Subsidiary applies the Net Cash Proceeds, if any, of any such sale are applied in accordance with clause (A) or (B) of Section 4.104.13.
Appears in 1 contract
Samples: Indenture (CHS Electronics Inc)