Preferred Equity Interests. To the Borrower's knowledge: (i) each issuer of Preferred Equity Interests which are included in the Collateral is a limited partnership or limited liability company duly organized and validly existing under the laws of the state of its organization and has all requisite power and authority to conduct its business as now conducted; (ii) each Preferred Equity Interest which is included in the Collateral has been issued pursuant to a written partnership agreement or limited liability company agreement, a true and correct copy of which has been made available to the Secured Parties, has been duly authorized, executed and delivered by all parties thereto, has not been amended or otherwise modified (except as disclosed to the Secured Parties), is in full force and effect and is binding upon and enforceable against all parties thereto in accordance with its terms. There exists no default under any such partnership agreement or limited liability company agreement by the Borrower or, to Borrower's knowledge, by any other Person, which default is material in the context of this Agreement.
Preferred Equity Interests. The Borrower will not, and will not permit any Subsidiary to, issue any preferred stock or other preferred Equity Interests.
Preferred Equity Interests. (a) The Borrower shall not redeem any of the Series B Preferred Stock, Series C Preferred Stock, or Series D Preferred Stock prior to the date that is 30 days after the Termination Date. The foregoing covenant shall survive the termination of the Loan Documents and repayment of the Secured Obligations.
Preferred Equity Interests. All preferred stock of the Borrower outstanding on the Closing Date shall not require or permit any cash payments ((other than Tax Distributions) prior to the date that is 181 days after the Maturity Date).
Preferred Equity Interests. Neither Holdings nor any Subsidiary will issue any Preferred Equity Interests; provided, that Holdings may issue Preferred Equity Interests that are not Disqualified Equity Interests.
Preferred Equity Interests. The Borrowers shall not permit any Equity Interest that is the subject of a Preferred Equity Interest to consist of an interest in an entity other than a partnership or limited liability company and, with respect to such limited partnership and limited liability company interests, shall not permit any such interest to: (a) be dealt in or traded on a securities exchange or in a securities market or (b) be held in a Securities Account. The Borrowers shall execute and deliver, or cause to be executed or delivered, to the Administrative Agent as agent for the Lenders (or the Custodian on its behalf) such agreements, documents and instruments as the Administrative Agent may reasonably require to perfect its security interest in any such Equity Interest.
Preferred Equity Interests. Receipt by the Administrative Agent of a certificate of a Responsible Officer of the Borrower, in form and substance satisfactory to the Administrative Agent, that neither the Borrower nor any Guarantor as of the Closing Date has outstanding any Disqualified Stock or Preferred Equity Interests.
Preferred Equity Interests. Prior to the earlier of (a) the Collateral Implementation Date and (b) March 31, 2017, the Borrowers will not permit any Subsidiary to create, issue, incur or permit to exist any Preferred Equity Interest of any Subsidiary.
Preferred Equity Interests. Each of the Credit Parties will not, and will not permit any of their respective Subsidiaries to, issue any preferred stock or other preferred Capital Stock.
Preferred Equity Interests. The Borrowers shall or shall cause each Preferred Equity Grantor to preserve and maintain its legal and valid existence, rights, franchises, privileges and good standing in the jurisdiction of its formation and will qualify and remain qualified in good standing in each other jurisdiction where, due to the nature of its business or Property, such qualification is necessary. The Borrowers shall provide evidence to the Administrative Agent, upon request, of the Preferred Equity Grantor’s compliance with the requirements of this subsection.
