Preferred Equity. Any preferred stock, preferred partnership interests, preferred member interests or other preferred equity interests issued by the Borrower, BPI or any of their respective Subsidiaries.
Preferred Equity. Any form of preferred stock or partnership interest (whether perpetual, convertible or otherwise) or other ownership or beneficial interest in the Trust or any Subsidiary of the Trust (including any Trust Preferred Equity) that entitles the holders thereof to preferential payment or distribution priority with respect to dividends, distributions, assets or other payments over the holders of any other stock, partnership interest or other ownership or beneficial interest in such Person.
Preferred Equity. With respect to the Capital Stock of any Person means Capital Stock of such Person (other than common stock of such Person) of any class or classes (however designated) that ranks prior, as to the payment of dividends or as to the distribution of assets upon any voluntary or involuntary liquidation, dissolution or winding up of such Person, to Capital Stock of any other class of such Person.
Preferred Equity. Notwithstanding any other provisions of this Agreement to the contrary, (i) permit any Loan Party or any Subsidiary of any Loan Party to issue or have outstanding any shares of preferred Equity Interests (other than any preferred Equity Interests issued by a Foreign Subsidiary in favor of another Foreign Subsidiary or a Loan Party) or (ii) create, incur, assume or suffer to exist any Lien on any Equity Interests of any Subsidiary of any Loan Party, except for Permitted Liens.
Preferred Equity. The Company will not permit any Subsidiary of the Company to issue any Equity Securities of such Subsidiary with a preference upon liquidation, unless the Company treats the issuance of such preferred Equity Securities as an incurrence of Indebtedness under Section 10(b) (including for purposes of calculating the Total Leverage Ratio under Section 10(b)(vii)) and, on such basis, the issuance is permitted thereby.
Preferred Equity. Any preferred equity issued in accordance with Section 8(g) of the Security Instrument and that certain Lender Acknowledgement and Intercreditor Agreement dated as of April 17, 2007, by and between Original Borrower, LaSalle Bank National Association, as Trustee under the Pooling and Servicing Agreement dated as of March 1, 2007, and others, will be paid in full on the Acquisition Date (as hereinafter defined), and, if requested by Lender, Original Borrower shall provide Lender with evidence of the same on the Acquisition Date.
Preferred Equity. The Lenders hereby acknowledge the execution by the Parent and the OP of the various 2018 Preferred Documents and acknowledge that the execution of the 2018 Preferred Documents, and the Series A Preferred Stock (as defined in the 2018 Preferred Documents) and the acceptance of the preferred equity investment in the Parent evidenced by the 2018 Preferred Documents does not violate any term or condition of this Agreement or constitute an Event of Default hereunder. The foregoing confirmation shall not be deemed to (a) waive all future compliance and/or performance by the Borrower and the Guarantor of all and singular the terms and conditions of the Credit Agreement and each other Loan Document including any Change in Control as a result of a breach of clause (d) of the definition thereof, or (b) waive or limit in any way any of the powers, rights and remedies of the Administrative Agent and the Lenders under the Loan Documents as a result of any Default or Event of Default occurring on or after the date hereof.
Preferred Equity. The Parent shall have issued New Preferred Equity with a liquidation preference of not less than $300,000,000 and on terms reasonably satisfactory to the Lenders (it being understood and agreed that the terms set forth in that certain Investment Agreement, dated as of May 20, 2008, among the Parent and JC Flowers II L.P., as amended on June 10, 2008 and the terms set forth in that certain Purchase Agreement among Parent and the initial purchasers named therein, dated June 20, 2008, in each case as in effect on such date, are satisfactory to the Lenders).