Security Issuances. Borrower shall not issue, offer or sell any Equity Securities of it other than as contemplated by the Joint Venture Agreement or the LLC Agreement.
Security Issuances. Borrower shall not, nor shall it permit any of its Subsidiaries to, issue, offer or sell any Equity Securities which are preferred above Borrower's common stock in respect of dividend or liquidation payments.
Security Issuances. The authorization, issuance or entering into any agreement providing for the issuance (contingent or otherwise) of (X) any notes or debt securities containing equity features (including, without limitation, any notes or debt securities convertible into or exchangeable for equity securities, issued in connection with the issuance of equity securities or containing profit participation features) , or (Y) any equity securities (or any securities convertible into or exchangeable for any equity securities) except (i) pursuant to warrants and options outstanding on the date of this Warrant or the Company's incentive stock option plan, restricted stock bonus plan, long- term stock investment plan, or directors formula award plan, to the extent each of these plans has been previously approved by First Source, (ii) in connection with any transaction permitted pursuant to Section 5.3(e) or 5.3(h) hereof, and (iii) that up to 5% of the Common Stock on a Fully Diluted Basis may be granted in connection with obtaining financing from any subsequent lender;
Security Issuances. Authorize, issue, or enter into any agreement providing for the issuance (contingent or otherwise) by the Company or any of its Subsidiaries of, (x) any notes or debt securities convertible into or exchangeable for equity securities, issued in connection with the issuance of equity securities or containing profit participation features or (y) any equity securities (or any securities convertible into or exchangeable for any equity securities), provided, however, that this Section 1.4.1(c)(ii) shall not prevent the issuance of Junior Securities, or securities convertible or exchangeable for Junior Securities.
Security Issuances. None of Borrower's Subsidiaries shall ------------------ issue, offer or sell any Equity Securities not currently outstanding except as follows:
(i) Any of Borrower's Subsidiaries may issue Equity Securities to Borrower or a wholly-owned Subsidiary of Borrower, provided that such Equity Securities are pledged to Agent pursuant to the Pledge Agreement to the extent required by the Pledge Agreement; and
(ii) Any of Adac Healthcare Information Systems, ARS or any Subsidiary of ARS may issue and sell to officers, directors and employees of Borrower and such Person its stock and options to purchase its stock, provided that the percentage of the outstanding voting stock in such Person held by such optionees does not at any time exceed twenty percent (20%).
(i) Subparagraph 5.03(c) of the Credit Agreement is amended to read -------------------------------------------- in its entirety as follows:
Security Issuances. The Company covenants and agrees that from the date hereof, it shall not issue or obligate itself to issue any securities, including Shares, except (1) (a) with the prior written consent of the Purchaser, (b) as permitted under the Equity Incentive Plans, (c) as expressly contemplated by this Agreement or pursuant to the Purchaser's top-up and pre-emptive rights under the Amended & Restated Investor Rights Agreement, or (d) at a price that is at or above the Tranche Share Price, and (2) initially up to 15,756,648 Shares (based on estimated pro forma shareholdings that would result in the Purchaser owning at least 40% of the Shares outstanding if the First Tranche, the Second Tranche, and the Third Tranche were completed) at any price, but subject to increase as agreed to by both Parties acting reasonably, if the number of Shares outstanding increases over time.
Security Issuances. The authorization, issuance or entering ------------------ into any agreement by the Company or an Operating Company providing for the issuance (other than to a direct or indirect wholly-owned Subsidiary of Holding) of (a) any notes or debt securities containing equity features, or (b) any equity securities (or any securities convertible into or exchangeable for any equity securities) other than the issuance of such securities in any transaction or series of related transactions to managers of an Operating Company the percentage of which does not exceed 5% of the total, fully-diluted, outstanding equity securities of the Company $500,000 on the date of such issuance as reasonably determined by the Voting Members;
Security Issuances. The authorization, issuance or ------------------ entering into any agreement by the Company or an Operating Company providing for the issuance (other than to a direct or indirect wholly- owned Subsidiary of Everest or Everest Holdings) of (a) any notes or debt securities containing equity features, or (b) any equity securities (or any securities convertible into or exchangeable for any equity securities) other than the issuance of such securities in any transaction or series of related transactions to managers of an Operating Company, the percentage of which does not exceed 5% of the total, fully-diluted, outstanding equity securities of the Company or $500,000 on the date of such issuance, whichever is lower, as reasonably determined by the Members;
Security Issuances. None of Borrower's Subsidiaries shall issue, offer or sell any Equity Securities not currently outstanding except that any of Borrower's Subsidiaries may issue Equity Securities to Borrower or a wholly-owned Subsidiary of Borrower, provided that such Equity Securities are pledged to Agent pursuant to the Pledge Agreement to the extent required by the Pledge Agreement.
Security Issuances. Borrower shall not issue, offer or sell any Stock in itself other than as expressly contemplated hereunder.
