Right of Participation. The Company shall not, and shall not permit any direct or indirect subsidiary of the Company (the Company and each such subsidiary, an “Issuer”) to, issue or sell any shares of any of its capital stock or any securities convertible into or exchangeable for any shares of its capital stock, issue or grant any options or warrants for the purchase of, or enter into any agreements providing for the issuance (contingent or otherwise) of, any of its capital stock or any stock or securities convertible into or exchangeable for any shares of its capital stock, in each case, to any Person (each an “Issuance” of “Subject Securities”), except in compliance with the provisions of this Section 5.
Appears in 3 contracts
Samples: Stockholders Agreement (LifeCare Holdings, Inc.), Stockholders Agreement (AGY Holding Corp.), Stockholders Agreement (LCE AcquisitionSub, Inc.)
Right of Participation. The Subject to Section 2.3, the Company shall not, and shall not permit any direct or indirect subsidiary of the Company (the Company and each such subsidiary, an “Issuer”) to, issue or sell any shares of any of its capital stock or any securities convertible into or exchangeable for any shares of its capital stock, issue or grant any options or warrants for the purchase of, or enter into any agreements providing for the issuance (contingent or otherwise) of, any of its capital stock or any stock or securities convertible into or exchangeable for any shares of its capital stock, in each case, to any Person (each an “Issuance” of “Subject Securities”), except in compliance with the provisions of this Section 52.1 or Section 2.2.
Appears in 3 contracts
Samples: Participation, Registration Rights and Coordination Agreement (Sungard Capital Corp), Participation, Registration Rights and Coordination Agreement (Sungard Capital Corp Ii), Participation, Registration Rights and Coordination Agreement (Sungard Data Systems Inc)
Right of Participation. The Subject to Section 3.3, the Company shall not, and shall not permit any direct or indirect subsidiary of the Company (the Company and each such subsidiary, an “Issuer”) to, issue or sell any shares of any of its capital stock or any securities convertible into or exchangeable for any shares of its capital stock, issue or grant any options or warrants for the purchase of, or enter into any agreements providing for the issuance (contingent or otherwise) of, any of its capital stock or any stock or securities convertible into or exchangeable for any shares of its capital stock, in each case, to any Person Investor (including any holder of more than 10% of the interests in the LLC) or an Affiliate of any Investor (each an “Issuance” of “Subject Securities”), except in compliance with the provisions of this Section 53.1 or Section 3.2.
Appears in 2 contracts
Samples: Stockholders Agreement (Michaels Stores Inc), Stockholders Agreement (Michaels Stores Inc)
Right of Participation. The Subject to Section 3.3, the Company shall not, and shall not permit any direct or indirect subsidiary of the Company (the Company and each such subsidiary, an “Issuer”) to, issue or sell any shares of any of its capital stock or any securities convertible into or exchangeable for any shares of its capital stock, issue or grant any options or warrants for the purchase of, or enter into any agreements providing for the issuance (contingent or otherwise) of, any of its capital stock or any stock or securities convertible into or exchangeable for any shares of its capital stock, in each case, to any Person (each an “Issuance” of “Subject Securities”), except in compliance with the provisions of this Section 53.1 or Section 3.2.
Appears in 1 contract
Right of Participation. The Company shall not, and shall not permit any direct or indirect subsidiary of the Company (the Company and each such subsidiary, an “Issuer”) to, issue or sell any shares of any of its capital stock or any securities convertible into or exchangeable for any shares of its capital stock, issue or grant any options or warrants for the purchase of, or enter into any agreements providing for the issuance (contingent or otherwise) of, any of its capital stock or any stock or securities convertible into or exchangeable for any shares of its capital stock, in each case, to any Person Investor or Affiliated Fund (each an “Issuance” of “Subject Securities”), except in compliance with the provisions of this Section 56.1 or 6.2.
Appears in 1 contract
Samples: Shareholder Agreement (Burlington Coat Factory Investments Holdings, Inc.)
Right of Participation. The Company shall not, and shall not permit any direct or indirect subsidiary of the Company (the Company and each such subsidiary, an “Issuer”) to, issue or sell any shares of any of its capital stock or any securities convertible into or exchangeable for any shares of its capital stock, issue or grant any options or warrants for the purchase of, or enter into any agreements providing for the issuance (contingent or otherwise) of, any of its capital stock or any stock or securities convertible into or exchangeable for any shares of its capital stock, in each case, to any Person Investor or Affiliated Fund (each an “Issuance” of “Subject Securities”), except in compliance with the provisions of this Section 56.1 or 6.2.
Appears in 1 contract
Samples: Shareholder Agreements (Burlington Coat Factory Investments Holdings, Inc.)
Right of Participation. The Subject to Section 2.3, the Company shall not, and shall not permit any direct or indirect subsidiary of the Company (the Company and each such subsidiary, an “"Issuer”") to, issue or sell any shares of any of its capital stock or any securities convertible into or exchangeable for any shares of its capital stock, issue or grant any options or warrants for the purchase of, or enter into any agreements providing for the issuance (contingent or otherwise) of, any of its capital stock or any stock or securities convertible into or exchangeable for any shares of its capital stock, in each case, to any Person (each an “"Issuance” " of “"Subject Securities”"), except in compliance with the provisions of this Section 52.1 or Section 2.2.
Appears in 1 contract
Samples: Participation and Registration Rights Agreement (UGS PLM Solutions Asia/Pacific INC)
Right of Participation. The Company shall not, and shall not permit any direct or indirect subsidiary of the Company (the Company and each such subsidiary, an “Issuer”) to, issue or sell any shares of any of its capital stock or any securities convertible into or exchangeable for any shares of its capital stock, issue or grant any options or warrants for the purchase of, or enter into any agreements providing for the issuance (contingent or otherwise) of, any of its capital stock or any stock or securities convertible into or exchangeable for any shares of its capital stock, in each case, to any Person (each an “Issuance” of “Subject Securities”), except in compliance with the provisions of this Section 5Section. 6.
Appears in 1 contract
Samples: Management Stockholders Agreement (LCE AcquisitionSub, Inc.)
Right of Participation. The Subject to Section 2.3, the Company shall not, and shall not permit any direct or indirect subsidiary of the Company (the Company and each such subsidiary, an “Issuer”) to, issue or sell any shares of any of the Company’s or its subsidiaries’ capital stock or any securities convertible into or exchangeable for any shares of its their respective capital stock, issue or grant any options or warrants Convertible Securities for the purchase of, or enter into any agreements providing for the issuance (contingent or otherwise) of, any of its their respective capital stock or any stock or securities convertible into or exchangeable for any shares of its their respective capital stock, in each case, to any Person (each an “Issuance” of “Subject Securities”), except in compliance with the provisions of this Section 52.1 or Section 2.2.
Appears in 1 contract
Samples: Participation, Registration Rights and Coordination Agreement (Univision Communications Inc)
Right of Participation. The Company shall not, and shall not permit any direct or indirect subsidiary Subsidiary of the Company (the Company and each such subsidiarySubsidiary, an “Issuer”) to, issue or sell any shares of any of its capital stock or any securities convertible into or exchangeable for any shares of its capital stock, issue or grant any options or warrants for the purchase of, or enter into any agreements providing for the issuance (contingent or otherwise) of, any of its capital stock or any stock or securities convertible into or exchangeable for any shares of its capital stock, in each case, to any Person Investor, Co-Investor or Affiliated Fund or any Affiliate of the foregoing (each an “Issuance” of “Subject Securities”), except in compliance with the provisions of this Section 55.1 or 5.2.
Appears in 1 contract
Right of Participation. The Subject to Section 5.3, the Company shall not, and shall not permit any direct or indirect subsidiary of the Company (the Company and each such subsidiary, an “Issuer”) to, issue or sell any shares of any of its capital stock or any securities convertible into or exchangeable for any shares of its capital stock, issue or grant any options or warrants for the purchase of, or enter into any agreements providing for the issuance (contingent or otherwise) of, any of its capital stock or any stock or securities convertible into or exchangeable for any shares of its capital stock, in each case, to any Person (each an “Issuance” of “Subject Securities”), except in compliance with the provisions of this Section 55.1 or Section 5.2.
Appears in 1 contract