No Issuance. Wilmington Trust Company agrees that neither Wilmington Trust Company nor anyone acting on its behalf has offered or will offer any interests in the Trust Estate or any part thereof (including the trust certificates) or any securities similar thereto for issue or sale to, or has solicited or will solicit any offer to acquire any of the same from, anyone so as to bring the issuance and sale of the interests in the Trust Estate (including the trust certificates) within the provisions of Section 5 of the Securities Act or any similar provisions under any applicable state "blue sky" or similar state securities laws.
No Issuance. The Lessee and the Parent Guarantor agree that neither the Lessee nor anyone acting on its behalf will offer any interests in the Trust Estate (including the trust certificates) or any part thereof or any securities similar thereto for issue or sale to, or solicit any offer to acquire any of the same from, anyone so as to bring the issuance and sale of the interests in the Trust Estate (including the trust certificates) within the provisions of Section 5 of the Securities Act or any similar provisions under any applicable state "blue sky" or similar state securities laws.
No Issuance. Except as expressly contemplated by this Agreement, during the term hereof, neither AHP, New AHP Parent or any of their subsidiaries shall authorize for issuance, issue, sell, deliver or agree or commit to issue, sell or deliver (whether through the issuance or granting of options, warrants, commitments, subscriptions, rights to purchase or otherwise) any shares of any class of capital stock or any other securities (except bank loans) or equity equivalents (including, without limitation, any stock options or stock appreciation rights) except for (i) the issuance and sale of Shares pursuant to options, performance-based restricted stock or deferred stock units previously granted or (ii) the issuance and sale of performance-based restricted stock pursuant to rights previously granted.
No Issuance. An L/C Issuer shall be under no obligation to issue any Letter of Credit if:
(A) any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain such L/C Issuer from issuing such Letter of Credit, or any Law applicable to such L/C Issuer or any directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over such L/C Issuer shall prohibit, or direct that such L/C Issuer refrain from, the issuance of letters of credit generally or such Letter of Credit in particular or shall impose upon such L/C Issuer with respect to such Letter of Credit any restriction, liquidity, reserve or capital requirement (for which such L/C Issuer is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon such L/C Issuer any unreimbursed loss, cost or expense which was not applicable on the Closing Date (for which such L/C Issuer is not otherwise compensated hereunder);
(B) subject to this Section 2.03(b)(iii), the expiry date of such requested Letter of Credit would occur more than twelve (12) months after the date of issuance, unless (1) each Appropriate Lender has approved of such expiration date or (2) the L/C Issuer thereof has approved of such expiration date and the Outstanding Amount of L/C Obligations in respect of such requested Letter of Credit has been Cash Collateralized or backstopped pursuant to arrangements reasonably satisfactory to such L/C Issuer and the Administrative Agent;
(C) the expiry date of such requested Letter of Credit would occur after the Letter of Credit Expiration Date, unless such L/C Issuer thereof has approved of such expiry date and the Outstanding Amount of L/C Obligations in respect of such requested Letter of Credit has been Cash Collateralized or backstopped pursuant to arrangements reasonably satisfactory to such L/C Issuer and the Administrative Agent;
(D) the issuance of such Letter of Credit would violate any Laws binding upon such L/C Issuer;
(E) such Letter of Credit is in an initial amount less than $50,000;
(F) any Working Capital Lender is at that time a Defaulting Lender, unless the applicable L/C Issuer has entered into arrangements, including the delivery of Cash Collateral, satisfactory to such L/C Issuer (in its sole discretion) with the Borrower or such Lender to eliminate such L/C Issuer’s actual or potential Fronting Exposure (after giving effect to Section 2.17(a)(iv)) with respect to th...
No Issuance. Sold or otherwise issued any shares of capital stock or any other securities of PWBV.
No Issuance. QP shall not sell, issue or authorize the issuance of (i) any partnership interest or other security, (ii) any option or right to acquire any partnership interest or other security, or (iii) any instrument convertible into or exchangeable for any partnership interest or other security, except as expressly provided herein.
No Issuance. The Parent Guarantor agrees that neither the Parent Guarantor nor anyone acting on its behalf will offer any interests in the Trust (including the Certificates) or any part thereof or any securities similar thereto for issue or sale to, or solicit any offer to acquire any of the same from, anyone so as to make the provisions of Section 5 of the Securities Act or any similar provisions under any applicable state "blue sky" or similar state securities laws applicable to the issuance and sale of the interests in the Trust (including the trust certificates).
No Issuance. From and after the Closing, neither Stockholder nor the Company shall issue any debt or equity interest of any kind or nature to any Person without the prior written consent of Buyer.
No Issuance. From and after the Closing and until the exercise or waiver of the Remainder Right by Buyer, neither Stockholder nor the AHA Company shall issue any debt or equity interest of any kind or nature to any Person without the prior written consent of Buyer. The Parties agree that the foregoing provision is intended solely to prevent dilution of Buyer’s AHA Stock, and not for the purposes of controlling or managing the AHA Company.
No Issuance. Notwithstanding anything else to the contrary in the Transaction Documents, the Company shall not, and other Group Companies, Major Shareholders and Major Shareholder Holdcos shall cause the Company not to, issue any Equity Securities of the Company pursuant to the Share Incentive Plan (other than in connection with exercise of options granted prior to the date hereof) prior to consummation of a Qualified IPO without the Lead Investors’ written consent.