Common use of Other Securities Clause in Contracts

Other Securities. The Issuer may condition the participation of the Participation Offerees in an Issuance upon the purchase by such Participation Offerees of any securities (including debt securities) other than Subject Securities (“Other Securities”) in the event that the participation of the Prospective Subscriber in such Issuance is so conditioned. In such case, each Participating Buyer shall acquire in the Issuance, together with the Subject Securities to be acquired by it, Other Securities in the same proportion to the Subject Securities to be acquired by it as the proportion of Other Securities to Subject Securities being acquired by the Prospective Subscriber in the Issuance, on the same terms and conditions, as to each unit of Subject Securities and Other Securities issued to the Participating Buyers, as the Prospective Subscriber shall be issued units of Subject Securities and Other Securities.

Appears in 11 contracts

Samples: Stockholders Agreement (Music123, Inc.), Stockholders Agreement (Burlington Coat Factory Investments Holdings, Inc.), Stockholders Agreement (Toys R Us Inc)

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Other Securities. The Issuer may condition the participation of the Participation Offerees Investors in an Issuance upon the purchase by such Participation Offerees Investors of any securities (including debt securities) other than Subject Securities (“Other Securities”) in if and to the event extent that the Prospective Subscribers’ participation of the Prospective Subscriber in such Issuance is so conditioned. In such case, each Participating Buyer shall acquire in the Issuance, together with the Subject Securities to be acquired by it, Other Securities in the same proportion to the Subject Securities to be acquired by it as the proportion of Other Securities to Subject Securities being acquired by the Prospective Subscriber in the Issuance, on the same terms and conditions, as to each unit of Subject Securities and Other Securities issued to the Participating Buyers, as the Prospective Subscriber shall be issued units of Subject Securities and Other Securities.

Appears in 4 contracts

Samples: Stockholders Agreement (Ares Corporate Opportunities Fund II, L.P.), Stockholders Agreement (Stream Global Services, Inc.), Stockholders Agreement (Stream Global Services, Inc.)

Other Securities. The Issuer may condition the participation of the Participation Offerees in an Issuance upon the purchase by such Participation Offerees of any securities (including debt securities) other than Subject Securities (“Other Securities”) in the event that the participation of the Prospective Subscriber in such Issuance is so conditionedconditioned and the principal terms and conditions of such Other Securities are described in the Participation Notice. In such case, each Participating Buyer shall acquire in the Issuance, together with the Subject Securities to be acquired by it, Other Securities in the same proportion to the Subject Securities to be acquired by it as the proportion of Other Securities being acquired by the Prospective Subscriber in the Issuance bears to the Subject Securities being acquired by the Prospective Subscriber in the Issuance, on the same terms and conditions, as to each unit of Subject Securities and Other Securities to be issued to the Participating Buyers, as the Prospective Subscriber shall be issued units of Subject Securities and Other Securitiesin the Issuance.

Appears in 4 contracts

Samples: And Coordination Agreement (Sungard Capital Corp), And Coordination Agreement (Sungard Capital Corp Ii), And Coordination Agreement (Sungard Data Systems Inc)

Other Securities. The Issuer Company may condition the participation of the Participation Offerees in an Issuance upon the purchase by such Participation Offerees of any securities (including including, without limitation, debt securities) other than Subject Securities (“Other Securities”) in the event that the participation of the Prospective Subscriber in such Issuance is so conditioned. In such case, each Participating Buyer shall Purchaser will acquire in the Issuance, together with the Subject Securities to be acquired by it, Other Securities in the same proportion to the Subject Securities to be acquired by it as the proportion of Other Securities to Subject Securities being acquired by the Prospective Subscriber in the Issuance, on the same terms and conditions, as to each unit of Subject Securities and Other Securities issued to the Participating BuyersPurchasers, as the Prospective Subscriber shall will be issued units of Subject Securities and Other Securities.

Appears in 3 contracts

Samples: Stockholders Agreement (Panther Expedited Services, Inc.), Stockholders Agreement (Panther Expedited Services, Inc.), Stockholders Agreement (Panther Expedited Services, Inc.)

Other Securities. The Issuer may condition the participation of the Participation Participating Offerees in an Issuance upon the purchase by such Participation Participating Offerees of any securities (including debt securities) other than Subject Securities (“Other Securities”) in the event that the participation of the Prospective Subscriber Subscriber(s) in such Issuance is so conditioned. In such case, each Participating Buyer shall acquire in the Issuance, together with the Subject Securities to be acquired by it, Other Securities in the same proportion to the Subject Securities to be acquired by it as the proportion of Other Securities to Subject Securities being acquired by the Prospective Subscriber Subscriber(s) in the Issuance, on the same terms and conditions, conditions as to each unit of Subject Securities and Other Securities being issued to the Participating Buyers, as the Prospective Subscriber shall be issued units of Subject Securities and Other SecuritiesSubscriber(s).

Appears in 3 contracts

Samples: Stockholders Agreement (Amc Entertainment Inc), Stockholders Agreement (Amc Entertainment Inc), Stockholders Agreement (Marquee Holdings Inc.)

Other Securities. The Issuer may condition the participation of the Participation Offerees in an Issuance upon the purchase by such Participation Offerees of any securities (including including, if applicable, debt securities) other than Subject Securities (“Other Securities”) in if and to the event extent that the Prospective Subscribers’ participation of the Prospective Subscriber in such Issuance is so conditioned. In such case, each Participating Buyer shall acquire in the Issuance, together with the Subject Securities to be acquired by it, Other Securities in the same proportion to the Subject Securities to be acquired by it as the proportion of Other Securities to Subject Securities being acquired by the Prospective Subscriber in the Issuance, on the same terms and conditions, as to each unit of Subject Securities and Other Securities issued to the Participating Buyers, as the Prospective Subscriber shall be issued units of Subject Securities and Other Securities.

Appears in 2 contracts

Samples: Stockholders Agreement (Michaels Stores Inc), Stockholders Agreement (Michaels Stores Inc)

Other Securities. The Issuer Corporation may condition the participation of the Participation Offerees in an Issuance upon the purchase by such Participation Offerees of any securities (including debt securities) other than Subject Securities (“Other Securities”) in the event that the participation of the Prospective Subscriber in such Issuance is so conditioned. In such case, each Participating Buyer shall acquire in the Issuance, together with the Subject Securities to be acquired by it, Other Securities in the same proportion to the Subject Securities to be acquired by it as the proportion of Other Securities to Subject Securities being acquired by the Prospective Subscriber in the Issuance, on the same terms and conditions, as to each unit of Subject Securities and Other Securities issued to the Participating Buyers, as the Prospective Subscriber shall be issued units of Subject Securities and Other Securities.

Appears in 2 contracts

Samples: Unanimous Shareholders Agreement, Unanimous Shareholders Agreement (BRP Japan Co. Ltd.)

Other Securities. The Issuer Company may condition the participation of the Participation Offerees in an Issuance upon the purchase by such Participation Offerees of any securities (including debt securities) other than Subject Securities (“Other Securities”) in the event that the participation of the Prospective Subscriber in such Issuance is so conditioned. In such case, each Participating Buyer shall will acquire in the Issuance, together with the Subject Securities to be acquired by it, Other Securities in the same proportion to the Subject Securities to be acquired by it as the proportion of Other Securities to Subject Securities being acquired by the Prospective Subscriber in the Issuance, on the same terms and conditionsconditions as the Prospective Subscriber, as to each unit of Subject Securities and Other Securities issued to the Participating Buyers, as the Prospective Subscriber shall be issued units of Subject Securities and Other Securities.

Appears in 2 contracts

Samples: Registration and Participation Rights Agreement (Gymboree Corp), Form of Registration and Participation Rights Agreement (Gym-Card, LLC)

Other Securities. The Issuer Company may condition the participation of the Participation Offerees in an Issuance upon the purchase by such Participation Offerees of any securities (including including, without limitation, debt securities) other than Subject Securities (“Other Securities”) in the event that the participation of the Prospective Subscriber in such Issuance is so conditioned. In such case, each Participating Buyer shall acquire in the Issuance, together with the Subject Securities to be acquired by it, Other Securities in the same proportion to the Subject Securities to be acquired by it as the proportion of Other Securities to Subject Securities being acquired by the Prospective Subscriber in the Issuance, on the same terms and conditions, as to each unit of Subject Securities and Other Securities issued to the Participating Buyers, as the Prospective Subscriber shall be issued units of Subject Securities and Other Securities.

Appears in 2 contracts

Samples: Stockholders Agreement (Eschelon Telecom Inc), Stockholders Agreement (Transcultural Health Develpment, Inc.)

Other Securities. The Issuer Company may condition the participation ---------------- of the Participation Preemptive Offerees in an Issuance upon the purchase by such Participation Preemptive Offerees of any securities (including without limitation debt securities) other than Subject Securities ("Other Securities") in the event ---------------- that the participation of the Prospective Subscriber in such Issuance is so conditioned. In such case, each Participating Buyer shall acquire in the Issuance, together with the Subject Securities to be acquired by it, Other Securities in the same proportion to the Subject Securities to be acquired by it as the proportion of Other Securities to Subject Securities being acquired by the Prospective Subscriber in the Issuance, on the same terms and conditions, as to each unit of Subject Securities and Other Securities issued to the Participating Buyers, as the Prospective Subscriber shall be issued units of Subject Securities and Other Securities.

Appears in 1 contract

Samples: Stockholders Agreement (Dominos Pizza Government Services Division Inc)

Other Securities. The Issuer Company may condition the participation of the Participation Offerees in an Issuance upon the purchase by such Participation Offerees of any securities (including including, without limitation, debt securities) other than Subject Securities ("Other Securities") in the event that the participation of the Prospective Subscriber in such Issuance is so conditioned. In such case, each Participating Buyer shall acquire in the Issuance, together with the Subject Securities to be acquired by it, Other Securities in the same proportion to the Subject Securities to be acquired by it as the proportion of Other Securities to Subject Securities being acquired by the Prospective Subscriber in the Issuance, on the same terms and conditions, as to each unit of Subject Securities and Other Securities issued to the Participating Buyers, as the Prospective Subscriber shall be issued units of Subject Securities and Other Securities.

Appears in 1 contract

Samples: Stockholders Agreement (Eschelon Telecom Inc)

Other Securities. The Issuer may condition the participation of the Participation Offerees in an Issuance upon the purchase by such Participation Offerees of any securities (including debt securities) other than Subject Securities (“ Other Securities Other Securities”) in if and to the event extent that the Prospective Subscribers’ participation of the Prospective Subscriber in such Issuance is so conditioned. In such case, each Participating Buyer shall acquire in the Issuance, together with the Subject Securities to be acquired by it, Other Securities in the same proportion to the Subject Securities to be acquired by it as the proportion of Other Securities to Subject Securities being acquired by the Prospective Subscriber in the Issuance, on the same terms and conditions, as to each unit of Subject Securities and Other Securities issued to the Participating Buyers, as the Prospective Subscriber shall be issued units of Subject Securities and Other Securities.

Appears in 1 contract

Samples: Stockholders Agreement (Clear Channel Communications Inc)

Other Securities. The Issuer may condition the participation of the Participation Offerees in an Issuance upon the purchase by such Participation Offerees of any securities (including debt securities) other than Subject Securities ("Other Securities") in the event that the participation of the Prospective Subscriber in such Issuance is so conditioned. In such case, each Participating Buyer shall acquire in the Issuance, together with the Subject Securities to be acquired by it, Other Securities in the same proportion to the Subject Securities to be acquired by it as the proportion of Other Securities to Subject Securities being acquired by the Prospective Subscriber in the Issuance, on the same terms and conditions, as to each unit of Subject Securities and Other Securities issued to the Participating Buyers, as the Prospective Subscriber shall be issued units of Subject Securities and Other Securities.

Appears in 1 contract

Samples: Participation and Registration Rights Agreement (UGS PLM Solutions Asia/Pacific INC)

Other Securities. The Issuer may condition the participation of the Participation Offerees in an Issuance upon the purchase by such Participation Offerees of any securities (including if applicable debt securities) other than Subject Securities (“Other Securities”) in if and to the event extent that the Prospective Subscribers’ participation of the Prospective Subscriber in such Issuance is so conditioned. In such case, each Participating Buyer shall acquire in the Issuance, together with the Subject Securities to be acquired by it, Other Securities in the same proportion to the Subject Securities to be acquired by it as the proportion of Other Securities to Subject Securities being acquired by the Prospective Subscriber in the Issuance, on the same terms and conditions, as to each unit of Subject Securities and Other Securities issued to the Participating Buyers, as the Prospective Subscriber shall be issued units of Subject Securities and Other Securities.

Appears in 1 contract

Samples: Stockholder Agreement (West Corp)

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Other Securities. The Issuer Company may condition the participation of the Participation Preemptive Offerees in an Issuance upon the purchase by such Participation Preemptive Offerees of any securities (including including, without limitation, debt securities) other than Subject Securities linked with capital stock ("Other Securities") in the event that the participation of the Prospective Subscriber in such Issuance is so conditioned. In such case, each Participating Buyer shall acquire in the Issuance, together with the Subject Securities to be acquired by it, Other Securities in the same proportion to the Subject Securities to be acquired by it as the proportion of Other Securities to Subject Securities being are acquired by the Prospective Subscriber in proportion to the IssuanceSubject Securities acquired in the Issuance by such Prospective Subscriber, on the same terms and conditions, as to each unit of Subject Securities and Other Securities issued to the Participating Buyers, as the Prospective Subscriber shall be issued units of Subject Securities and Other Securities.

Appears in 1 contract

Samples: Shareholders Agreement (Miami Cruiseline Services Holdings I B V)

Other Securities. The Issuer Company may condition the participation of the Participation Offerees in an Issuance upon the purchase by such Participation Offerees of any securities (including debt securities) other than Subject Securities (“Other Securities”) in the event that the participation of the Prospective Subscriber in such Issuance is so conditioned. In such case, each Participating Buyer shall will acquire in the Issuance, together with the Subject Securities to be acquired by it, Other Securities in the same proportion to the Subject Securities to be acquired by it as the proportion of Other Securities to Subject Securities being acquired by the Prospective Subscriber in the Issuance, on the same terms and conditions, as to each unit of Subject Securities and Other Securities issued to the Participating Buyers, as the Prospective Subscriber shall be issued units of Subject Securities and Other Securities.

Appears in 1 contract

Samples: Stockholders’ Agreement (SolarWinds Corp)

Other Securities. The Issuer Company may condition the participation of the Participation Offerees in an Issuance upon the purchase by such Participation Offerees of any securities (including debt securities) other than Subject Securities (“Other Securities”) in the event that the participation of the Prospective Subscriber in such Issuance is so conditioned. In such case, each Participating Buyer shall acquire in the Issuance, together with the Subject Securities to be acquired by it, Other Securities in the same proportion to the Subject Securities to be acquired by it as the proportion of Other Securities to Subject Securities being acquired by the Prospective Subscriber in the Issuance, on the same terms and conditions, as to each unit of Subject Securities and Other Securities issued to the Participating Buyers, as the Prospective Subscriber shall be issued units of Subject Securities and Other Securities.

Appears in 1 contract

Samples: Stockholders Agreement (Houghton Mifflin Co)

Other Securities. The Issuer Company may condition the participation of the Participation Offerees in an Issuance upon the purchase by such Participation Offerees of any securities (including debt securities) other than Subject Securities ("Other Securities") in the event that the participation of the Prospective Subscriber in such Issuance is so conditioned. In such case, each Participating Buyer shall acquire in the Issuance, together with the Subject Securities to be acquired by it, Other Securities in the same proportion to the Subject Securities to be acquired by it as the proportion of Other Securities to Subject Securities being acquired by the Prospective Subscriber in the Issuance, on the same terms and conditions, as to each unit of Subject Securities and Other Securities issued to the Participating Buyers, as the Prospective Subscriber shall be issued units of Subject Securities and Other Securities.

Appears in 1 contract

Samples: Stockholders Agreement (Houghton Mifflin Co)

Other Securities. The Issuer Company may condition the participation of the Participation Eligible Offerees in an Issuance upon the purchase by such Participation the Eligible Offerees of any securities (including including, debt securities) other than Subject Securities (“Other Securities”) in the event that if the participation of the Prospective Subscriber in such the Issuance is likewise so conditioned. In such case, each Participating Eligible Buyer shall acquire in the Issuance, together with the Subject Securities to be acquired by it, Other Securities in the same proportion to the Subject Securities to be acquired by it as the proportion of Other Securities to Subject Securities being acquired by the Prospective Subscriber in the Issuance, on the same economic terms and conditionsconditions as the Prospective Subscriber, as to each unit of Subject Securities and Other Securities issued to the Participating Eligible Buyers, as the Prospective Subscriber shall be issued units of Subject Securities and Other Securities.

Appears in 1 contract

Samples: Registration and Preemptive Rights Agreement (IMS Health Holdings, Inc.)

Other Securities. The Issuer may condition the participation of the Participation Participating Offerees in an Issuance upon the purchase by such Participation Participating Offerees of any securities (including debt securities) other than Subject Securities (“Other Securities”"OTHER SECURITIES") in the event that the participation of the Prospective Subscriber Subscriber(s) in such Issuance is so conditioned. In such case, each Participating Buyer shall acquire in the Issuance, together with the Subject Securities to be acquired by it, Other Securities in the same proportion to the Subject Securities to be acquired by it as the proportion of Other Securities to Subject Securities being acquired by the Prospective Subscriber Subscriber(s) in the Issuance, on the same terms and conditions, conditions as to each unit of Subject Securities and Other Securities being issued to the Participating Buyers, as the Prospective Subscriber shall be issued units of Subject Securities and Other SecuritiesSubscriber(s).

Appears in 1 contract

Samples: Stockholders Agreement (Marquee Holdings Inc.)

Other Securities. The Issuer may condition the participation of the Participation Offerees in an Issuance upon the purchase by such Participation Offerees of any securities (including debt securities) other than Subject the New Securities subject to the Issuance (“Other Securities”) in the event that the participation of the Prospective Subscriber in such Issuance is so conditioned. In such case, each Participating Buyer shall acquire in the Issuance, together with the Subject New Securities to be acquired by it, Other Securities in the same proportion to the Subject New Securities to be acquired by it as the proportion of Other Securities to Subject New Securities being acquired by the Prospective Subscriber in the Issuance, and on the same terms and conditions, conditions as to each unit of Subject New Securities and Other Securities issued to the Participating Buyers, Buyers as the Prospective Subscriber shall be issued units of Subject New Securities and Other Securities.

Appears in 1 contract

Samples: Stockholders Agreement (Truck Hero, Inc.)

Other Securities. The Issuer may condition the participation of the Participation Offerees in an Issuance upon the purchase by such Participation Offerees of any securities (including debt securities) other than Subject Securities (“Other Securities”) in if and to the event extent that the Prospective Subscribers’ participation of the Prospective Subscriber in such Issuance is so conditioned. In such case, each Participating Buyer shall acquire in the Issuance, together with the Subject Securities to be acquired by it, Other Securities in the same proportion to the Subject Securities to be acquired by it as the proportion of Other Securities to Subject Securities being acquired by the Prospective Subscriber in the Issuance, on the same terms and conditions, as to each unit of Subject Securities and Other Securities issued to the Participating Buyers, as the Prospective Subscriber shall be issued units of Subject Securities and Other Securities.

Appears in 1 contract

Samples: Stockholders Agreement (C C Media Holdings Inc)

Other Securities. The Issuer Company may condition the participation of the Participation Offerees in an Issuance upon the purchase by such Participation Offerees of any securities (including debt securities) other than Subject Securities (“Other Securities”) in the event that the participation of the Prospective Subscriber in such Issuance is so conditioned. In such case, each Participating Buyer shall will acquire in the Issuance, together with the Subject Securities to be acquired by it, Other Securities in the same proportion to the Subject Securities to be acquired by it as the proportion of Other Securities to Subject Securities being acquired by the Prospective Subscriber in the Issuance, on the same terms and conditions, as to each unit of Subject Securities and Other Securities issued to the Participating Buyers, as the Prospective Subscriber shall be issued units of Subject Securities and Other Securities. 5.1.4.

Appears in 1 contract

Samples: sec.report

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