Subsidiary Stock and Debt. The Company will not: (i) directly or indirectly sell, assign, pledge or otherwise dispose of any Debt of or any shares of stock of (or warrants, rights or options to acquire stock of) any Subsidiary except to a Wholly-Owned Subsidiary and except as permitted pursuant to paragraph 6D; (ii) permit any Subsidiary directly or indirectly to sell, assign, pledge or otherwise dispose of any Debt of the Company or any other Subsidiary, or any shares of stock of (or warrants, rights or options to acquire stock of) any other Subsidiary, except to the Company or a Wholly-Owned Subsidiary and except pursuant to paragraph 6D; (iii) permit any Subsidiary to have outstanding any shares of Preferred Stock other than Preferred Stock owned by the Company or a Wholly-Owned Subsidiary; (iv) permit any Subsidiary directly or indirectly to issue or sell any shares of its stock (or warrants, rights or options to acquire its stock) except to the Company or a Wholly-Owned Subsidiary and except as permitted pursuant to paragraph 6C(3) and 6D; or (v) permit any Subsidiary to enter into or otherwise be bound by or subject to any contract or agreement (including, without limitation, any provision of its certificate or articles of incorporation or bylaws) that restricts its ability to pay dividends or other distributions on account of its stock; or (vi) permit any Subsidiary to create, incur, assume or maintain any Debt except as permitted by paragraphs 6A and 6C(2).
Appears in 2 contracts
Samples: Note Purchase and Private Shelf Agreement (Stanley Furniture Co Inc.), Private Shelf Facility Agreement (Stanley Furniture Co Inc/)
Subsidiary Stock and Debt. The Company will not:
(i) directly or indirectly sell, assign, pledge or otherwise dispose of any Debt of or any shares of stock of (or warrants, rights or options to acquire stock of) any Subsidiary except to a Whollywholly-Owned owned Subsidiary and except as permitted pursuant to paragraph 6D6C;
(ii) permit any Subsidiary directly or indirectly to sell, assign, pledge or otherwise dispose of any Debt of the Company or any other Subsidiary, or any shares of stock of (or warrants, rights or options to acquire stock of) any other Subsidiary, except to the Company or a Whollywholly-Owned owned Subsidiary and except as permitted pursuant to paragraph 6D6C;
(iii) permit any Subsidiary to have outstanding any shares of Preferred Stock other than Preferred Stock owned by the Company or a Wholly-Owned Subsidiary;
(iv) permit any Subsidiary directly or indirectly to issue or sell any shares of its stock (or warrants, rights or options to acquire its stock) except to the Company or a Whollywholly-Owned owned Subsidiary and except as permitted pursuant to paragraph 6C(36B(3) and 6D6C; or
(viv) permit any Subsidiary to enter into or otherwise be bound by or subject to any contract or agreement (including, without limitation, any provision of its certificate or articles of incorporation or bylaws) that restricts its ability to pay dividends or other distributions on account of its stockstock except for such restrictions set forth in the Bank Agreement in effect on the Initial Closing Day; or
(viv) permit any Subsidiary to create, incur, assume or maintain any Debt except as permitted by paragraphs 6A and 6C(2paragraph 6B(2).
Appears in 1 contract
Samples: Private Shelf Agreement (Watsco Inc)
Subsidiary Stock and Debt. The Company will not:
(ia) directly or indirectly sell, assign, pledge or otherwise dispose Dispose of any Debt of or any shares of stock of (or warrants, rights or options to acquire stock of) any Subsidiary except to a Wholly-Owned another Subsidiary and except or as permitted pursuant to paragraph 6Dunder Section 7.02(c) hereof;
(iib) permit any Subsidiary directly or indirectly to sell, assign, pledge or otherwise dispose of any Debt of the Company Borrower or any other Subsidiary, or any shares of stock of (or warrants, rights or options to acquire stock of) any other Subsidiary, except to the Company Borrower or a Wholly-Owned another Subsidiary and except pursuant to paragraph 6Dor as permitted under Section 7.02(c) hereof;
(iiic) permit any Subsidiary to have outstanding any shares of Preferred Stock other than Preferred Stock (1) existing at the time the Subsidiary becomes a Subsidiary or (2) owned by the Company Borrower or a Wholly-Owned another Subsidiary;
(ivd) permit any Subsidiary Subsidiary, directly or indirectly indirectly, to issue or sell any shares of its stock (or warrants, rights or options to acquire its stock) except to the Company Borrower or a Wholly-Owned another Subsidiary and or except as permitted pursuant to paragraph 6C(3under Sections 7.02(c) and 6DSection 7.03 hereof; or
(ve) permit any Subsidiary to enter into or otherwise be bound by or subject to any contract or agreement (including, without limitation, any provision of its certificate or articles of incorporation or bylaws) that restricts its ability to pay dividends or other distributions on account of its stock; or
(vif) permit any Subsidiary to create, incur, assume or maintain any Debt except as that is not permitted by paragraphs 6A Sections 7.01 and 6C(2)7.02(b) hereof.
Appears in 1 contract
Subsidiary Stock and Debt. The Company will not:
(i) directly or indirectly sell, assign, pledge or otherwise dispose of any Debt of or any shares of stock of (or warrants, rights or options to acquire stock of) any Subsidiary except to a Wholly-Owned Subsidiary and except as permitted pursuant to paragraph 6D;
(ii) permit any Subsidiary directly or indirectly to sell, assign, pledge or otherwise dispose of any Debt of the Company or any other Subsidiary, or any shares of stock of (or warrants, rights or options to acquire stock of) any other Subsidiary, except to the Company or a Wholly-Owned Subsidiary and except pursuant to paragraph 6D;
(iii) permit any Subsidiary to have outstanding any shares of Preferred Stock other than Preferred Stock owned by the Company or a Wholly-Wholly- Owned Subsidiary;
(iv) permit any Subsidiary directly or indirectly to issue or sell any shares of its stock (or warrants, rights or options to acquire its stock) except to the Company or a Wholly-Owned Subsidiary and except as permitted pursuant to paragraph 6C(3) and 6D; or
(v) permit any Subsidiary to enter into or otherwise be bound by or subject to any contract or agreement (including, without limitation, any provision of its certificate or articles of incorporation or bylaws) that restricts its ability to pay dividends or other distributions on account of its stock; or
(vi) permit any Subsidiary to create, incur, assume or maintain any Debt except as permitted by paragraphs 6A and 6C(2).
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (Stanley Furniture Co Inc/)
Subsidiary Stock and Debt. The Company will not:
(i) directly or indirectly sell, assign, pledge or otherwise dispose of any Debt of or any shares of stock of (or warrants, rights or options to acquire stock of) any Subsidiary except to a Wholly-Owned Subsidiary and except as permitted pursuant to paragraph 6D;
(ii) permit any Subsidiary directly or indirectly to sell, assign, pledge or otherwise dispose of any Debt of the Company or any other Subsidiary, or any shares of stock of (or warrants, rights or options to acquire stock of) any other Subsidiary, except to the Company or a Wholly-Wholly- Owned Subsidiary and except pursuant to paragraph 6D;
(iii) permit any Subsidiary to have outstanding any shares of Preferred Stock other than Preferred Stock (i) existing at the time the Subsidiary becomes a Subsidiary or (2) owned by the Company or a Wholly-Wholly- Owned Subsidiary;
(iv) permit any Subsidiary directly or indirectly to issue or sell any shares of its stock (or warrants, rights or options to acquire its stock) except to the Company or a Wholly-Wholly Owned Subsidiary and except as permitted pursuant to paragraph 6C(3) and 6D; or;
(v) permit the ownership of any direct or indirect interest of the Company in the equity of any Foreign Subsidiary by any Person other (a) than a Wholly-Owned Subsidiary that (1) has become a party to a Guaranty Agreement and a Contribution Agreement and (2) has no Debt (other than as provided in clause (a) above or permitted under paragraph 6C(2)(iii)) or (b) another Foreign Subsidiary;
(vi) permit any Subsidiary to enter into or otherwise be bound by or subject to any contract or agreement (including, without limitation, any provision of its certificate or articles of incorporation or bylaws) that restricts its ability to pay dividends or other distributions on account of its stock; or
(vivii) permit any Subsidiary to create, incur, assume or maintain any Debt except as permitted by paragraphs 6A and 6C(2).
Appears in 1 contract
Samples: Note Agreement (U S Liquids Inc)
Subsidiary Stock and Debt. The Company will not:
(i) directly or indirectly sell, assign, pledge or otherwise dispose of any Debt of or any shares of stock of (or warrants, rights or options to acquire stock of) any Subsidiary except to a Wholly-Owned Restricted Subsidiary and except as permitted pursuant to paragraph 6D;
(ii) permit any Subsidiary directly or indirectly to sell, assign, pledge or otherwise dispose of any Debt of the Company or any other Subsidiary, or any shares of stock of (or warrants, rights or options to acquire stock of) any other Subsidiary, except to the Company or a Wholly-Owned Restricted Subsidiary and except pursuant to paragraph 6D;
(iii) permit any Subsidiary to have outstanding any shares of Preferred Stock other than Preferred Stock owned by the Company or a Wholly-Owned Restricted Subsidiary;
(iv) permit any Subsidiary directly or indirectly to issue or sell any shares of its stock (or warrants, rights or options to acquire its stock) except to the Company or a Wholly-Owned Restricted Subsidiary and except as permitted pursuant to paragraph 6C(36C(2) and 6D; or
(v) permit any Subsidiary to enter into or otherwise be bound by or subject to any contract or agreement (including, without limitation, any provision of its certificate or articles of incorporation or bylaws) that restricts its ability to pay dividends or other distributions on account of its stock; or
(vi) permit any Subsidiary to create, incur, assume or maintain any Debt except as permitted by paragraphs 6A and 6C(2).paragraph 6B.
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (Ruddick Corp)