Single Issuer Limitation on Equity Securities Sample Clauses

Single Issuer Limitation on Equity Securities. The aggregate Market Value of all Equity Securities of a single issuer shall not exceed 4% of the Market Value of the Equity Securities Portfolio; provided, however, that the Adviser may (x) with respect to two issuers increase this limit to 7%, and (y) with respect to an additional five (5) issuers increase this limit to 5%.
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Single Issuer Limitation on Equity Securities. The aggregate Market Value of all Equity Securities of a single issuer shall not exceed 6.5% of the Market Value of the Equity Securities Portfolio (it being understood that a breach of this Section 3.04(a) that arises solely from the Fund's investment in Master Fund shares and is included in the Portfolio Excess Adjustment shall not constitute a Trigger Event). For the avoidance of doubt, nothing herein shall diminish the Fund's obligation to be in compliance with the Investment Company Act and other applicable laws and, accordingly, the Fund may so increase the limit only to the extent such an increase would not cause the Fund to fail to be in compliance with the Investment Company Act and applicable regulations thereunder.
Sample 1
Single Issuer Limitation on Equity Securities. The aggregate Market Value of all Equity Securities of a single issuer shall not exceed 5% of the Market Value of the Equity Securities Portfolio as of the most recent purchase transaction by the Fund or any Master Fund involving the Equity Securities of such issuer; PROVIDED, HOWEVER, that the Adviser may, with respect to 5 issuers, increase this limit to 6%. For the avoidance of doubt (i), to the extent the Equity Portfolio is invested in Master Fund shares, this test shall be applied as if the Fund's assets and liabilities included a PRO RATA portion of the assets and liabilities of such Master Funds; and (ii) nothing herein shall diminish the Fund's obligation to be in compliance with the Investment Company Act and other applicable laws and, accordingly, the Fund may increase the single issuer limit as contemplated in the proviso above only to the extent such an increase would not cause the Fund to fail to be in compliance with the Investment Company Act and applicable regulations thereunder.
Sample 1

Related to Single Issuer Limitation on Equity Securities

  • Limitation on Incurrence of Indebtedness and Issuance of Disqualified Stock and Preferred Stock (a) (i) The Company shall not, and shall not permit any of the Restricted Subsidiaries to, directly or indirectly, Incur any Indebtedness (including Acquired Indebtedness) or issue any shares of Disqualified Stock; and (ii) the Company shall not permit any of the Restricted Subsidiaries to issue any shares of Preferred Stock; provided, however, that the Company and any Restricted Subsidiary may Incur Indebtedness (including Acquired Indebtedness) or issue shares of Disqualified Stock and any Restricted Subsidiary may issue shares of Preferred Stock, in each case if the Interest Coverage Ratio of the Company for the most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is Incurred or such Disqualified Stock or Preferred Stock is issued would have been at least 2.00 to 1.00 determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been Incurred, or the Disqualified Stock or Preferred Stock had been issued, as the case may be, and the application of proceeds therefrom had occurred at the beginning of such four-quarter period; provided, further, that Restricted Subsidiaries that are not Guarantors may not Incur Indebtedness or issue shares of Disqualified Stock or Preferred Stock pursuant to this Section 4.03(a) if, after giving pro forma effect to such Incurrence or issuance (including the pro forma application of the net proceeds therefrom), the aggregate principal amount of Indebtedness or Disqualified Stock or Preferred Stock then outstanding of Restricted Subsidiaries that are not Guarantors pursuant to this Section 4.03(a) exceeds the greater of $1,250 million and 5.0% of Total Assets (the “Non-Guarantor Exception”).

  • Limitation on Preferred Stock of Restricted Subsidiaries The Company will not permit any of its Restricted Subsidiaries to issue any Preferred Stock (other than to the Company or to a Wholly Owned Restricted Subsidiary of the Company) or permit any Person (other than the Company or a Wholly Owned Restricted Subsidiary of the Company) to own any Preferred Stock of any Restricted Subsidiary of the Company.

  • Limitation on Issuance of Equity Interests Except for the issuance or sale of Qualified Equity Interests by Parent, each Loan Party will not, and will not permit any of its Subsidiaries to, issue or sell any of its Equity Interests.

  • Indebtedness; Certain Equity Securities (a) The Borrower will not, and will not permit any Subsidiary to, create, incur, assume or permit to exist any Indebtedness, except:

  • Limitation on Subsidiary Distributions Holdings will not permit any of the Restricted Subsidiaries that are not Guarantors to, directly or indirectly, create or otherwise cause or suffer to exist or become effective any consensual encumbrance or consensual restriction on the ability of any such Restricted Subsidiary to:

  • Payment of Deferred Underwriting Commission on Business Combination Upon the consummation of the Company’s initial Business Combination, the Company agrees that it will cause the Trustee to pay the Deferred Underwriting Commission directly from the Trust Account to the Underwriters, in accordance with Section 1.3.

  • Limitation on Securities Issuances Borrower shall not and shall not permit Mortgage Borrower or Operating Lessee to issue any membership interests or other securities other than those that have been issued as of the date hereof.

  • Limitation on Designation of Unrestricted Subsidiaries (a) The Company may designate after the Issue Date any Subsidiary of the Company as an “Unrestricted Subsidiary” under this Indenture (a “Designation”) only if:

  • Limitation on Status as Investment Company Neither the Company nor any of its Subsidiaries shall become an "investment company" (as that term is defined in the Investment Company Act of 1940, as amended), or otherwise become subject to regulation under the Investment Company Act.

  • No Prohibition on Subsidiaries from Paying Dividends or Making Other Distributions No subsidiary of the Company is currently prohibited, directly or indirectly, from paying any dividends to the Company, from making any other distribution on such subsidiary's capital stock, from repaying to the Company any loans or advances to such subsidiary from the Company or from transferring any of such subsidiary's property or assets to the Company or any other subsidiary of the Company, except as described in or contemplated by the Prospectus.

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