Senior Preferred Stock. Parent agrees that it will not issue any shares of its Senior Preferred Stock, par value $0.01 per share, to be authorized in the Restated Certificate, unless the Company fails to consummate the transaction contemplated by Section 5.1(e) of the Company Disclosure Letter in accordance with the terms of the Merger Agreement prior to the Contribution Closing.
Senior Preferred Stock. The amounts referred to in clauses (1) and (8) shall be included as Restricted Payments in any computation made pursuant to clause (iii) of this Section 4.7. Not later than the date of making any Restricted Payment, the Company shall cause DBS Corp to deliver to the Trustee an Officers' Certificate stating that such Restricted Payment is permitted and setting forth the basis upon which the calculations required by this Section 4.7 were computed, which calculations shall be based upon the Company's latest available financial statements.
Senior Preferred Stock. 2.1(b) Shares................................................................... 2.1(a) Software................................................................. 3.14(a) subsidiary............................................................... 8.1(f) subsidiaries............................................................. 8.1(f) Superior Proposal........................................................ 5.7(e)(i) Surviving By-Laws........................................................ 1.5
Senior Preferred Stock. 5 5. Closing..................................................................5 5.1. The Closing.....................................................5 5.2. Deliveries by Company at Closing................................6 5.3. Possession......................................................7 5.4. Deliveries by Flextrend At Closing..............................7
Senior Preferred Stock. The shares of Senior Preferred Stock are owned by the Partnership free and clear of all Encumbrances.
Senior Preferred Stock. In the event of any liquidation, dissolution or winding up of the Corporation, whether voluntary or involuntary, before any payment or distribution of the assets of the Corporation (whether from capital or surplus) shall be made to or set apart for the holders of the Series E Preferred Stock upon liquidation, dissolution or winding up, the holders of each class or series of Preferred Stock ranking senior to the Series E Preferred Stock upon liquidation, dissolution or winding up shall be entitled to receive full payment of their liquidation preferences.
Senior Preferred Stock. 8 Stock.......................................... 8
Senior Preferred Stock. “Senior Preferred Stock” shall mean with respect to any series of Company Preferred Stock, each other series of Company Preferred Stock that, in a liquidation of the Company, would have the right to payment of its full liquidation preference prior to the payment of any portion of the liquidation preference in respect of such series of Company Preferred Stock.
Senior Preferred Stock. The Preferred Stock of AmeriKing designated as ------ --------- ----- "Senior Preferred Stock" pursuant to its Capitalization Documents. Stockholders Agreement. The Amended and Restated Stockholders Agreement ------------ --------- dated as of December 3, 1996, among the Borrower, BBI, the Investors and AmeriKing, in form and substance satisfactory to the Agent and the Banks.
Senior Preferred Stock. The Senior Preferred Stock, $0.01 par value ---------------------- per share, of the Borrower. Xxxxxxx Dispositions. The disposition by the Borrower of the two fee -------------------- owned properties acquired by the Borrower in connection with its acquisition of Xxxxxxx Ltd. and X.X. Xxxxxxx, together with the improvements and fixtures thereon. Xxxxxxx Ltd. Xxxxxxx Ltd., a company organized under the laws of ----------- Ontario, Canada which is a wholly-owned Subsidiary of X.X. Xxxxxxx and, indirectly, a wholly-owned Subsidiary of the Borrower.
