Limitation on Capital Stock of Subsidiaries. The Issuers shall not (i) sell, pledge, hypothecate or otherwise convey or dispose of any Capital Stock of a Subsidiary (other than under the Senior Credit Facility or under the terms of any Designated Senior Indebtedness) or (ii) permit any of their Subsidiaries to issue any Capital Stock, other than to the Issuers or a Wholly-Owned Subsidiary of the Company. The foregoing restrictions shall not apply to an Asset Sale made in compliance with Section 4.10 hereof or the issuance of Preferred Stock in compliance with Section 4.07 hereof. In no event will the Company sell, pledge, hypothecate or otherwise convey or dispose of any Capital Stock of Capital or will Capital issue any Capital Stock.
Limitation on Capital Stock of Subsidiaries. The Company will not permit any of its Subsidiaries to issue any Capital Stock (other than Preferred Stock) to any Person (other than to the Company or a Wholly Owned Subsidiary) or permit any Person (other than the Company or a Wholly-Owned Subsidiary) to own any Capital Stock (other than Preferred Stock) of a Subsidiary of the Company, if in either case as a result thereof such Subsidiary would no longer be a Subsidiary of the Company; provided, however, that this Section 4.10 shall not prohibit the Company or any of its Subsidiaries from selling, leasing or otherwise disposing of all of the Capital Stock of any Subsidiary.
Limitation on Capital Stock of Subsidiaries. The Issuers will not (i) sell, pledge, hypothecate or otherwise convey or dispose of any Capital Stock of a Subsidi- ary of the Company or (ii) permit any of its direct Subsidiaries to issue any Capital Stock other than to the Issuers or a Wholly Owned Subsidiary of the Issuers. The foregoing restrictions shall not apply to either (x) an Asset Sale made in compliance with Section 4.17 or the issuance of Preferred Stock in compliance with Section 4.18 or (y) a Permitted Lien. In no event will the Company sell, pledge, hypothecate or otherwise convey or dispose of any Capital Stock of Finance or will Finance sell any Capital Stock.
Limitation on Capital Stock of Subsidiaries. The Company will not permit (a) any Subsidiary of the Company to issue any Capital Stock, except for (i) Capital Stock issued to the Company or a Wholly-Owned Subsidiary and (ii) Capital Stock issued by a Person prior to the time (A) such Person becomes a Subsidiary, (B) such Person merges with or into a Subsidiary or (C) a Subsidiary merges with or into such Person; provided that such Capital Stock was not issued or incurred by such Person in anticipation of the type of transaction contemplated by subclause (A), (B) or (C), or (b) any Person (other than the Company, or a Wholly-Owned Subsidiary) to acquire Capital Stock of any Subsidiary from the Company or any Subsidiary, except, in the case of clause (a) or (b), upon the acquisition of all the outstanding Capital Stock of such Subsidiary in accordance with the terms hereof.
Limitation on Capital Stock of Subsidiaries. The Company shall not (i) sell, pledge, hypothecate or otherwise convey or dispose of any Capital Stock of a Subsidiary of the Company or (ii) permit any Subsidiary to issue any Capital Stock, other than to the Company or a Wholly-Owned Subsidiary. The foregoing restrictions shall not apply to (i) an Asset Sale made in compliance with Section 4.13; (ii) the issuance of Preferred Stock in compliance with Section 4.17; or (iii) Liens securing Permitted Indebtedness or Ratio Indebtedness.
Limitation on Capital Stock of Subsidiaries. The Company will not (i) sell, pledge, hypothecate or otherwise convey or dispose of any Capital Stock of a Subsidiary (other than under the Credit Facility or a successor facility or under the terms of any Designated Senior Indebtedness) or (ii) permit any of its Subsidiaries to issue any Capital Stock, other than to the Company or a Wholly Owned Subsidiary of the Company. The foregoing restrictions shall not apply to an Asset Sale (other than the sale of Preferred Stock of a Subsidiary) made in compliance with Section 4.09 hereof.
Limitation on Capital Stock of Subsidiaries. The Issuer shall not (i) sell, pledge, hypothecate or otherwise convey or dispose of any Capital Stock of a Subsidiary (other than Liens under the Senior Credit Facility or under the terms of any Designated Senior Indebtedness and Liens not prohibited by Section 4.12) other than to the Issuer or another Restricted Subsidiary or (ii) permit any of its Subsidiaries to issue any Capital Stock (other than director's qualifying shares), other than (a) to the Issuer or a Wholly-Owned Subsidiary of the Issuer or (b) to any other shareholder of such Subsidiary (including to another Subsidiary) in an amount not to exceed such shareholders' proportionate share of any dividend, distribution or other issuance to all shareholders. The foregoing restrictions shall not apply to an Asset Sale made in compliance with Section 4.10 hereof or the issuance of Preferred Stock in compliance with Section 4.07 hereof.
Limitation on Capital Stock of Subsidiaries. The Company will not permit any of its Restricted Subsidiaries to issue any Capital Stock (other than Preferred Stock) to any Person (other than to the Company or a Wholly-Owned Subsidiary of the Company) or permit any Person (other than the Company or a Wholly-Owned Subsidiary of the Company) to own any Capital Stock (other than Preferred Stock) of a Restricted Subsidiary of the Company, if in either case as a result thereof such Restricted Subsidiary would no longer be a Restricted Subsidiary of the Company; provided, however, that this Section 4.9 shall not prohibit (x) the Company or any of its Restricted Subsidiaries from selling, leasing or otherwise disposing of all of the Capital Stock of any Restricted Subsidiary or (y) the designation of a Restricted Subsidiary as an Unrestricted Subsidiary in compliance with this Indenture.
Limitation on Capital Stock of Subsidiaries. The Issuers will not (i) sell, pledge, hypothecate or otherwise convey or dispose of any Capital Stock of a Subsidiary of the Company or (ii) permit any of its direct Subsidiaries to issue any Capital Stock, other than to the Issuers or a Wholly Owned Subsidiary of the Issuers. The foregoing restrictions shall not apply to (x) an Asset Sale made in compliance with Section 4.17 or the issuance of Preferred Stock in compliance with Section 4.04, (y) Liens securing the Securities or (z) a Permitted Lien. In no event will the Company sell, pledge, hypothecate or otherwise convey or dispose of any Capital Stock of Finance (other than pursuant to the Security Documents) or will Finance sell any Capital Stock.
Limitation on Capital Stock of Subsidiaries. The Company will not (i) sell, pledge, hypothecate or otherwise convey or dispose of any Capital Stock of a Subsidiary or (ii) permit a Subsidiary to issue or sell any Capital Stock or other equity interest to any person (other than to the Company or to a Wholly-Owned Subsidiary of the Company); provided that the foregoing restrictions shall not apply (x) to any such sale, disposition or issuance which does not exceed $5,000,000 in fair market value (as determined in good faith by the Company) or (y) to the issuance and sale of nonvoting, nonconvertible preferred stock of any Subsidiary, provided that the aggregate liquidation or stated value of all such nonvoting, nonconvertible preferred stock does not exceed 5% of the Consolidated Net Tangible Assets of the Company.
