Certain Equity Securities. Issue any Equity Interest that is not Qualified Capital Stock.
Certain Equity Securities. Except as permitted by Section 6.01, issue any Equity Interest that is not Qualified Capital Stock.
Certain Equity Securities. No Loan Party will, nor will it permit any Subsidiary to, issue any Equity Interests that are not Qualified Equity Interests.
Certain Equity Securities. Issue any Equity Interest that is not Qualified Capital Stock unless treated as Indebtedness for purposes of Section 6.01 and incurred in compliance therewith.
Certain Equity Securities. After giving effect to the Transactions, (i) none of the Company, Sonion or any other Subsidiary shall have outstanding any preferred Equity Interest and (ii) Sonion shall have no outstanding share capital (or any warrants or securities convertible into, or exchangeable or exercisable for, share capital) other than share capital owned by the Company and its Subsidiaries and treasury shares owned by Sonion.
Certain Equity Securities. The Parent Borrower will not, nor will it permit any Subsidiary to, issue any preferred stock (other than Qualified Preferred Stock of the Parent Borrower) or be or become liable in respect of any obligation (contingent or otherwise) to purchase, redeem, retire, acquire or make any other payment in respect of any Equity Interests of the Parent Borrower or any Subsidiary.
Certain Equity Securities. Issue any Equity Interest that is not Qualified Capital Stock, except for the 6% Series H Convertible Redeemable Preferred Stock issued by Holding on or before the Closing Date.
Certain Equity Securities. Issue any Equity Interest, other than the Closing Date Xxxxx Equity, that is not Qualified Capital Stock.
Certain Equity Securities. SECTION 6.01 The Borrower will not, and will not permit any Restricted Subsidiary to, create, incur, assume or(a) permit to exist any Indebtedness, except: Indebtedness of the Borrower and any of the Restricted Subsidiaries under the Loan(i) Documents (including any Indebtedness incurred pursuant to Section 2.20, 2.21 or 2.24); Indebtedness (A) outstanding on the Effective Date; provided that any such Indebtedness(ii) in excess of $10,000,000 individually shall only be permitted if set forth on Schedule 6.01, and any Permitted Refinancing thereof and (B) that is intercompany Indebtedness among the Borrower and/or the Restricted Subsidiaries outstanding on the Effective Date and any Permitted Refinancing thereof; Guarantees by the Borrower and the Restricted Subsidiaries in respect of Indebtedness of(iii) the Borrower or any Restricted Subsidiary otherwise permitted hereunder; provided that (A) such Guarantee is otherwise permitted by Section 6.04, (B) no Guarantee by any Restricted Subsidiary of any Junior Financing shall be permitted unless such Restricted Subsidiary shall have also provided a Guarantee of the Loan Document Obligations pursuant to the Guarantee Agreement and (C) if the Indebtedness being Guaranteed is subordinated to the Loan Document Obligations, such Guarantee shall be subordinated to the Guarantee of the Loan Document Obligations on terms at least as favorable to the Lenders as those contained in the subordination of such Indebtedness; Indebtedness of the Borrower or of any Restricted Subsidiary owing to any Restricted(iv) Subsidiary, the Borrower or Holdings to the extent permitted by Section 6.04; provided that all such Indebtedness of any Loan Party owing to any Restricted Subsidiary that is not a Loan Party shall be subordinated to the Loan Document Obligations (to the extent any such Indebtedness is outstanding at any time after the date that is 30 days after the Effective Date or such later date as the Administrative Agent may reasonably agree) (but only to the extent permitted by applicable law and not giving rise to material adverse Tax consequences) on terms (A) at least as favorable to the Lenders as those set forth in the form of intercompany note attached as Exhibit H or (B) otherwise reasonably satisfactory to the Administrative Agent; (A) Indebtedness (including Capital Lease Obligations) of the Borrower or any of the(v) Restricted Subsidiaries financing the acquisition, construction, repair, replacement or improvement of...
Certain Equity Securities. The Borrower will not, and it will not permit any Subsidiary to, issue (or otherwise become liable with respect to) any Cash-Pay Preferred Stock.
