Capitalization Documents has the meaning set forth in Section 4.01(f).
Capitalization Documents the collective reference to the Governing Documents of the Company and each of its Subsidiaries, the certificates of designation and other agreements governing the issuance of, or setting forth the terms of, any Capital Stock (including, without limitation, the common stock) issued or to be issued by the Company or any of its Subsidiaries and the Rights Agreement.
Capitalization Documents means, collectively: (a) any or all of the stock certificates representing the capital stock (or other evidence of ownership) of the Borrower and each Subsidiary; (b) each other document governing the issuance of, or setting forth the terms of the capital stock (or other evidence of ownership) of the Borrower and each Subsidiary; (c) any stockholders agreement (or partnership agreement) among the holders of the capital stock (or other evidence of ownership) of the Borrower and each Subsidiary.
Examples of Capitalization Documents in a sentence
The Merger Agreement, the Capitalization Documents --------------------- and all agreements and documents required to be entered into or delivered in connection with the Transaction, each in the form delivered to the Agent on or before the Closing Date.
None of the Group Companies will (i) change its fiscal year or (ii) consent to any amendment, modification or supplement that is adverse in any respect to the Lenders to its articles or certificate of incorporation, bylaws (or analogous organizational documents), the Acquisition Documents, the Management Agreement or any agreement entered into by it with respect to its Equity Interests (including the Capitalization Documents and the Stockholder Agreements), in each case as in effect on the Closing Date.
The Borrower has delivered ---------------------------------------- to the Agent true and complete copies of all of the Capitalization Documents and the Transaction Documents (including any amendments thereto).
There are no outstanding contractual obligations of the Company to repurchase, redeem or otherwise acquire any outstanding shares of capital stock of the Company other than as set forth in the Capitalization Documents.
Promptly supply to the Agent certified copies of any amendments to the Original Acquisition Documents, the Merger Documents, the Tender Offer Documents, the Capitalization Documents, the Senior Indenture, the Senior Notes, the Senior Subordinated Indenture, the Senior Subordinated Notes or any Subordinated Indebtedness (subject to Section 7.18 hereof).
More Definitions of Capitalization Documents
Capitalization Documents means, collectively: (a) any or all of the stock certificates, partnership certificates, notes or debentures representing Acquisition Securities; (b) the indentures or other documents pursuant to which such certificates, notes and debentures are issued or to be issued; (c) each document governing the issuance of, or setting forth the terms of, such notes or debentures; and (d) any stockholders, voting trust, intercreditor, partnership or other agreement among or between the holders of Acquisition Securities or Borrower Capital Stock.
Capitalization Documents means, collectively: (i) any or all of the stock certificates, notes or debentures representing Acquisition Securities; (ii) the other documents pursuant to which such Acquisition Securities are issued or to be issued; (iii) each document governing the issuance of, or setting forth the terms of such Acquisition Securities; and (iv) any stockholders or intercreditor agreement between or among the holders of such Acquisition Securities, and all agreements, documents and instruments executed and delivered pursuant thereto or in connection therewith, in each case as in effect on the Original Closing Date and as amended, modified or supplemented from time to time in accordance with the terms thereof and subject to the terms of Section 7.18 hereof.
Capitalization Documents means, collectively: (a) any or all of the stock certificates, notes, debentures or other instruments representing securities bought, sold or issued, or loans made, to facilitate the consummation of the Related Transactions; (b) the indentures or other documents pursuant to which such stock, notes, debentures or other instruments are issued or to be issued; (c) each document governing the issuance of, or setting forth the terms of, such stock, notes, debentures or other instruments; (d) any stockholders, registration or intercreditor agreement among or between the holders of such stock, notes, debentures or other instruments; (e) the Investor Loan Documents; (f) all other instruments, documents and agreements executed in connection with the Related Transactions; but excluding all Loan Documents.
Capitalization Documents means, collectively, the Borrower's Articles of Incorporation and by-laws, each certificate of designation relating to any shares of outstanding capital stock of the Borrower and each subscription agreement or other instrument, document or agreement governing or relating to any capital stock of the Borrower.
Capitalization Documents means, collectively: (a) the Amended and Restated Subordinated Note, Preferred Stock and Warrant Purchase Agreement, dated as of August 3, 1995, among the Company, Continental Illinois Venture Corporation, CIVC Partners I, GM Holdings, LLC and each of the other parties listed on the signature pages thereto, as amended by (i) Amendment No. 1 to Amended and Restated Subordinated Note, Preferred Stock and Warrant Purchase Agreement, dated as of July 24, 1996, among the Company, Continental Illinois Venture Corporation and CIVC Partners I, and (ii) Amendment Agreement containing Amendment No. 2 to Amended and Restated Subordinated Note, Preferred Stock and Warrant Purchase Agreement and Amendment No. 1 to Amended and Restated Junior Subordinated Notes, dated as of January 26, 1998, among the Company, Continental Illinois Venture Corporation, CIVC Partners I and each of the other parties listed on the signature pages thereto (as so amended, the "Amended and Restated Subordinated Note, Preferred Stock and Warrant Purchase Agreement"), including the Junior Subordinated Notes, Series A Preferred Stock, Series B Preferred Stock, Capital Stock and/or Stock Purchase Warrants from time to time issued thereunder, accurate, current and complete copies of each of which are attached hereto, collectively, as Exhibit "I" and ---------- thereby made a part hereof; (b) each of the Executive Employment Agreements, Underwriting Agreement, Warrant Agreement, Stockholders Agreement, Registration Agreement and other Agreements, Schedules and Exhibits (all of which are dated as of August 3, 1995) referred to in or attached to said Amended and Restated Subordinated Note, Preferred Stock and Warrant Purchase Agreement), accurate, current and complete copies of each of which also are attached hereto, collectively, as Exhibit "J" and thereby made a part hereof; (c) the Option and ---------- Securities Purchase Agreement, dated as of August 24, 2001, among TLL Partners, L.L.C., Continental Illinois Venture Corporation, CIVC Partners I and each of the other parties listed on the signature pages thereto, together with each of the closing documents, Schedules and Exhibits referred to in or attached to said Option and Securities Purchase Agreement, accurate, current and complete copies of each of which are attached hereto, collectively, as Exhibit "K" and thereby ---------- made a part hereof; (d) the Restructuring Agreement, dated as of May 17, 2002, by and among the Company, TLL Partners,...
Capitalization Documents means the Merger Agreement, the ------------------------ Shareholders Agreement and the Registration Rights Agreement.
Capitalization Documents means, collectively: (a) any or all of the certificates, notes, debentures or other instruments representing securities bought, sold or issued, or loans made on the Closing Date, including the Senior Unsecured Notes; (b) the indentures or other documents pursuant to which such securities bought, sold or issued on the Closing Date, or any such certificates, notes, debentures or other instruments are issued or to be issued, including the Senior Unsecured Note Documents; (c) each document governing the issuance of, or setting forth the terms of, such securities, certificates, notes, debentures or other instruments; (d) any equityholders, registration or intercreditor agreement among or between the holders of such equity interests, certificates, notes, debentures or other instruments; (e) the CBI Senior Subordinated Notes and the CBI Indenture; and (f) all other instruments, documents and agreements executed in connection with the foregoing; but in each case excluding all Loan Documents.