Examples of Borrower Preferred Stock in a sentence
The Borrower may purchase shares of the Borrower Preferred Stock (other than shares owned by Roche Holdings or any Affiliate of Roche Holdings) for an aggregate purchase price of not more than $75,000,000; provided, however, that, at the time of any payment or purchase referred to above and after giving effect to such payment or purchase, no Default shall have occurred and be continuing.
On the Second Borrowing Date and after giving effect to the Transaction and the Loans incurred on the Second Borrowing Date, neither the Borrower nor any of its Subsidiaries shall have any preferred stock or Indebtedness outstanding except for the Borrower Preferred Stock, the Obligations and the Existing Indebtedness.
Lender shall have received copies of all documents executed in connection with the issuance of any Permitted Borrower Preferred Stock in accordance with Section 6.5 of the Credit Agreement on or before the Effective Date, which documents shall be in form and substance satisfactory to Lender and certified as true, complete and correct by the chief financial officer of the Borrower.
Create, incur, issue, assume, Guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to any Indebtedness (other than Existing Indebtedness) and Borrower will not issue any Borrower Preferred Stock and will not permit any of its Subsidiaries to issue any shares of its preferred stock (other than to Borrower or another wholly-owned Subsidiary of Borrower).
On the Initial Borrowing Date and after giving effect to the Transaction and the Loans incurred on the Initial Borrowing Date, neither the Borrower nor any of its Subsidiaries shall have any preferred stock or Indebtedness outstanding except for the Borrower Preferred Stock, the Obligations and the Existing Indebtedness.