Pledged NITE Stock definition

Pledged NITE Stock means the NITE Stock pledged by the Borrower to the Agent under this Stock Pledge Agreement, as shown on Schedule A, including any additional NITE Stock pledged to the Agent, including without limitation, additional NITE Stock pledged in accordance with the provisions of Section 4.3 of this Stock Pledge Agreement.
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Pledged NITE Stock. The NITE Stock pledged to the Revolving Lenders under the Pledge Agreement.
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Examples of Pledged NITE Stock in a sentence

  • Any free distribution or rights issue of Shares to the Depositary on behalf of the Holders will result in the records of the Depositary being adjusted to reflect the enlarged number of GDRs represented by this Master Regulation S GDR.

  • The Pledged NITE Stock shall be marked to market weekly to determine the fair market value of such Collateral.

  • The Pledged NITE Stock shall be marked to market daily to determine the fair market value of such Collateral.

  • This right is in addition to any rights the Agent may have as to Pledged NITE Stock held in the Pledged Account.

  • The Borrower shall not be entitled to any Advance hereunder if, after the making of such Advance, the Principal Loan Amount would exceed the least of (w) the then current Base Revolving Credit Facility, or (x) one and one-half (1 1/2) times the Borrower's Annualized Modified Cash Flow, or (y) the number of Core Retail Accounts times $200, or (z) seventy percent (70%) of the then current fair market value of the Pledged NITE Stock, determined in each case after giving effect to the requested Advance.

  • In the event that the fair market value of the Pledged NITE Stock at any time is less than $36,000,000, the Borrower shall give notice of such deficiency to the Agent and, within three Business Days after the determination of the deficiency, deliver to the Agent, or transfer into the Pledged Account, as applicable, additional NITE Stock such that the fair market value of the Pledged NITE Stock again shall be at least $50,000,000.

  • Failure to provide such additional Pledged NITE Stock within three Business Days shall constitute a default under this Stock Pledge Agreement unless the total amount outstanding under the Notes does not exceed the Maximum Loan Availability.

  • The Borrower represents and warrants that the original Pledged NITE Stock has a market value of at least $50,000,000.

  • In the event that the fair market value of the Pledged NITE Stock (including any additional Pledged NITE Stock delivered to the Agent pursuant to this Stock Pledge Agreement) on any day is less than $85,715,000 or if, on any day, the Principal Loan Amount exceeds 70% of the fair market value of the Pledged NITE Stock on such day, the Borrower shall give notice of such deficiency to the Agent as soon as practicable, but in no event later than three Business Days after the occurrence of such event(s).

  • Prior to the provision of such additional Pledged NITE Stock, the Base Revolving Credit Facility shall be reduced immediately to an amount equal to the sum of (a) 1.5 times Annualized Modified Cash Flow (but not to exceed $50,000,000), plus (b) 70% of the fair market value of the Pledged NITE Stock (as to (a) and (b) together, the "Maximum Loan Availability").

Related to Pledged NITE Stock

  • Pledged Equity Interests means all Pledged Stock, Pledged LLC Interests, Pledged Partnership Interests and Pledged Trust Interests.

  • Pledged Equity Interest means an Equity Interest that is included in the Collateral at such time.

  • Pledged Shares has the meaning provided in Section 2 hereof.

  • Hedged Share Class or ’Hedged Share Classes’ means (according to the context) a Portfolio Currency Hedged Share Class or a Reference Currency Hedged Share Class.

  • Pledged Stock has the meaning assigned to such term in Section 3.01.

  • Voting Equity Interests means, with respect to any Person, Equity Interests issued by such Person the holders of which are ordinarily, in the absence of contingencies, entitled to vote for the election of directors (or persons performing similar functions) of such Person, even though the right so to vote has been suspended by the happening of such a contingency.

  • Pledged Equity has the meaning specified in the Security Agreement.

  • Pledged LLC Interests means all right, title and interest of any Grantor as a member of any LLC and all right, title and interest of any Grantor in, to and under any LLC Agreement to which it is a party.

  • Pledged Uncertificated Stock means any Stock or Stock Equivalent of any Person that is not a Pledged Certificated Stock, including all right, title and interest of any Grantor as a limited or general partner in any Partnership or as a member of any LLC and all right, title and interest of any Grantor in, to and under any Partnership Agreement or LLC Agreement to which it is a party.

  • Foreign Subsidiary Voting Stock the voting Capital Stock of any Foreign Subsidiary.

  • Pledged Treasury Securities has the meaning set forth in Section 2.1(c) of the Pledge Agreement.

  • Excluded Equity Interests means, collectively: (i) any Equity Interests in any Subsidiary with respect to which the grant to the Collateral Agent, for the benefit of Lenders and the other Secured Parties, of a security interest in and Lien upon, and the pledge to the Collateral Agent, for the benefit of Lenders and the other Secured Parties, of, such Equity Interests, to secure the Obligations (and any guaranty thereof) are validly prohibited by Requirements of Law; (ii) any Equity Interests in any Subsidiary with respect to which the grant to the Collateral Agent, for the benefit of Lenders and the other Secured Parties, of a security interest in and Lien upon, and the pledge to the Collateral Agent, for the benefit of Lenders and the other Secured Parties, of, such Equity Interests, to secure the Obligations (and any guaranty thereof) require the consent, approval or waiver of any Governmental Authority or other third party and such consent, approval or waiver has not been obtained by Borrower following Borrower’s commercially reasonable efforts to obtain the same; (iii) any Equity Interests in any Subsidiary that is a non-Wholly-Owned Subsidiary that the grant to the Collateral Agent, for the benefit of Lenders and the other Secured Parties, of a security interest in and Lien upon, and the pledge to the Collateral Agent, for the benefit of Lenders and the other Secured Parties, of, such Equity Interests, to secure the Obligations (and any guaranty thereof) are validly prohibited by, or would give any third party (other than Borrower or an Affiliate of Borrower) the right to terminate its obligations under, the Operating Documents or the joint venture agreement or shareholder agreement with respect to, or any other contract with such third party relating to such non-Wholly-Owned Subsidiary, including any contract evidencing Indebtedness of such non-Wholly-Owned Subsidiary (other than customary non-assignment provisions which are ineffective under Article 9 of the Code or other Requirements of Law), but only, in each case, to the extent, and for so long as such Operating Document, joint venture agreement, shareholder agreement or other contract is in effect; (iv) any Equity Interests in any other Subsidiary with respect to which, Borrower and the Collateral Agent reasonably determine by mutual agreement that the cost (including Tax costs) of granting the Collateral Agent, for the benefit of Lenders and the other Secured Parties, a security interest in and Lien upon, and pledging to the Collateral Agent, for the benefit of Lenders and the other Secured Parties, such Equity Interests, to secure the Obligations (and any guaranty thereof) are excessive, relative to the value to be afforded to the Secured Parties thereby.

  • Pledged Interests shall have the meaning ascribed to such term in Section 4(j).

  • Pledged Trust Interests means all interests in a Delaware business trust or other trust including, without limitation, all trust interests listed on Schedule 4.4(A) under the heading “Pledged Trust Interests” (as such schedule may be amended or supplemented from time to time) and the certificates, if any, representing such trust interests and any interest of such Grantor on the books and records of such trust or on the books and records of any securities intermediary pertaining to such interest and all dividends, distributions, cash, warrants, rights, options, instruments, securities and other property or proceeds from time to time received, receivable or otherwise distributed in respect of or in exchange for any or all of such trust interests.

  • Commodity Interests means commodity futures contracts, options on commodity futures contracts, and options on physical commodities traded on or subject to the rules of:

  • Pledged Securities means any promissory notes, stock certificates or other securities now or hereafter included in the Pledged Collateral, including all certificates, instruments or other documents representing or evidencing any Pledged Collateral.

  • Preferred Equity Interests means, with respect to any Person, Equity Interests in such Person which are entitled to preference or priority over any other Equity Interest in such Person in respect of the payment of dividends or distribution of assets upon liquidation or both.

  • Preferred Stock Equivalents shall have the meaning set forth in Section 11(b) hereof.

  • Pledged Entity means an issuer of Pledged Shares or Pledged Indebtedness.

  • Stock Collateral means, collectively, the Collateral described in clauses (a) through (c) of Section 3 hereof and the proceeds of and to any such property and, to the extent related to any such property or such proceeds, all books, correspondence, credit files, records, invoices and other papers.

  • voting equity securities means equity securities having voting power for the election of directors, whether at all times or only so long as no senior class of security has such voting power by reason of any contingency.

  • Pledged or Controlled Collateral has the meaning assigned to such term in Section 5.05(a).

  • Existing Equity Interests means any Equity Security, including all issued, unissued, authorized, or outstanding shares of capital stock and any other common stock, preferred stock, limited liability company interests, and any other equity, ownership, or profit interests of Mariposa Intermediate, including all options, warrants, rights, stock appreciation rights, phantom stock rights, restricted stock units, redemption rights, repurchase rights, convertible, exercisable, or exchangeable securities, or other agreements, arrangements, or commitments of any character relating to, or whose value is related to, any such interest or other ownership interest in Mariposa Intermediate, whether or not arising under or in connection with any employment agreement and whether or not certificated, transferable, preferred, common, voting, or denominated “stock” or a similar security.

  • Pledged Debt Instruments means all right, title and interest of any Grantor in Instruments evidencing any Indebtedness owed to such Grantor, including all Indebtedness described on Schedule 2 (Pledged Collateral), issued by the obligors named therein.

  • Preferred Equity Interest means, with respect to any Person, Equity Interests in such Person which are entitled to preference or priority over any other Equity Interest in such Person in respect of the payment of dividends or distribution of assets upon liquidation or both.

  • Qualified Equity Interests means any Equity Interests that are not Disqualified Equity Interests.