Change Capital Structure. Make any change to the equity or capital structure of the Company, including by increase or decrease in the number of the Company’s authorized shares, or reclassification, subdivision, or combination, or varying or altering of the terms, par value or rights of, shares of any class or type of stock, or, except upon the conversion of indebtedness of the Company pursuant to its written credit arrangements or the exercise of warrants of the Company, in each case in accordance with the terms and conditions thereof in effect and set forth in writing as of the day when this Agreement became effective, the issuance of any stock or other securities of the Company or any options, warrants or other rights to acquire such stock or other securities (except that the Board of Directors may establish a stock option plan for employees and advisors and the Company, as authorized by the Board of Directors, may grant options thereunder), or the creation of any new class of stock, or making of any other similar change to the authorized and/or outstanding capital stock of the Company.
Change Capital Structure. Increase or decrease the number of shares of its Capital Stock, or vary or alter the terms or rights of any class of its Capital Stock, or issue or agree to issue any shares of its Capital Stock, except for Permitted Issuances.
Change Capital Structure. Excluding the transactions listed on Schedule 6.5, increase or decrease the number of its authorized shares, or vary or alter the terms, par value or rights of shares of any class or type of stock, or issue or agree to issue any capital stock or other securities of the Company, or any options, warrants or other rights to acquire such capital stock or other equity securities, or securities convertible into Common Stock or other equity securities of the Company, or create any new class of stock of the Company; provided, however, the Company may issue up to 555,000 shares of Common Stock to members of the Company's management, and an additional 45,000 shares if the Company's EBITDA for 2001 is greater than $13 million, all on terms acceptable to the Lender pursuant to an incentive stock option program to be implemented by the Company, subject to the Lender's approval, after Closing, and pursuant to the directors' option plan described on Schedule 6.2.
Change Capital Structure increase or reduce the share capital of the Company, or in any way change the capital structure of the Company;
Change Capital Structure. Increase or decrease the kind, class or number of its authorized shares of stock, or vary or alter the preferences, limitations, designations or relative rights of any class or type of stock; or issue, grant or sell, or agree to issue, grant or sell to any Person any stock or securities, or options, warrants or other rights to acquire or that are convertible into stock or other securities of the Company, except (a) options and Common Shares issuable upon the conversion thereof pursuant to the Company’s Incentive Stock Option and Nonqualified Stock Option Plans set forth on Schedule 4.3(b), (b) to Venture Investors Early Stage Fund II Limited Partnership and Avalon or the Principals pursuant to the terms and conditions of Article VIII of the Series A Investment Agreement in effect as of the date thereof, (c) the issuance of Series A Preferred Shares pursuant to the warrant issued to Venture Investors Early Stage Fund II on February 11, 1999, and (d) the issuance of Series B Preferred Shares pursuant to the warrants issued to VI, Advantage and Avalon on November 14, 2000, and (e) pursuant to the terms of the Notes and Warrants.
Change Capital Structure. The restriction on the Company under Section 6.4 of both the Bridge Round Investment Agreement and the Unsecured Note Agreement not to increase or decrease the kind, class or number of its authorized shares of stock, or vary or alter the preferences, limitations, designations or relative rights of any class or type of stock; or issue, grant or sell, or agree to issue, grant or sell to any Person any stock or securities, or options or warrants or other rights to acquire or that are convertible into stock or other securities of the Company.
Change Capital Structure. Excluding the transactions listed on Schedule 6.5, increase or decrease the number of its authorized shares, or vary or alter the terms, par value or rights of shares of any class or type of stock, or issue or agree to issue any capital stock or other securities of the Company, or any options, warrants or other rights to acquire such capital stock or other equity securities, or securities convertible into Common Stock or other equity securities of the Company, or create any new class of stock of the Company; provided, however, the Company may issue: (i) up to 555,000 shares of Common Stock to members of the Company's management, and an additional 45,000 shares if the Company's EBITDA for 2001 is greater than $13 million, all on terms acceptable to the Lender pursuant to an incentive stock option program to be implemented by the Company, subject to the Lender's approval, after Closing, and pursuant to the directors' option plan described on Schedule 6.2; plus (ii) additional issuances of up to 300,000 shares of Common Stock in the aggregate, on such terms as the Board of Directors may approve; plus (iii) the shares of Common Stock issuable in connection with the consummation of Phase I and Phase II; plus (iv) 300,000 shares of Common Stock to provide for new stock option grants for Tiburon personnel after the completion of Phase II.
Change Capital Structure. Neither Borrower nor any Corporate Guarantor ------------------------ shall make any change in its capital structure or in any of its business objectives, purposes and operations; neither Borrower nor any ICON Subsidiary shall create or acquire any Subsidiary, without in each case causing such Subsidiary to guaranty the Loan and grant a security interest to secure payment thereof, on the same terms and conditions as the Corporate Guarantors.
Change Capital Structure redeem any of its redeemable shares or securities or repay any shareholder loans or otherwise change its share capital;
Change Capital Structure. Increase or decrease the kind, class or number of its authorized shares of stock, or vary or alter the preferences, limitations, designations or relative rights of any class or type of stock; or issue, grant or sell, or agree to issue, grant or sell to any Person any stock or securities, or options, warrants or other rights to acquire or that are convertible into stock or other securities of the Company, except (a) options and Common Stock issuable upon the conversion thereof pursuant to the Company’s Incentive Stock Option and Nonqualified Stock Option Plan set forth on Schedule 4.3(b) and (b) to the Lender pursuant to this Agreement and the other Loan Documents pursuant to a Participation Financing; provided that the Company shall give the Lender the requisite notices set forth in Sections 8.1 and 8.2.
