Capital Securities definition

Capital Securities means, with respect to any Person, all shares, interests, participations or other equivalents (however designated, whether voting or non-voting) of such Person’s capital, whether now outstanding or issued or acquired after the date hereof, including common shares, preferred shares, membership interests in a limited liability company, limited or general partnership interests in a partnership or any other equivalent of such ownership interest.

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Capital Securities means undivided beneficial interests in the assets of the Trust which rank pari passu with Common Securities issued by the Trust; provided, however, that upon the occurrence and continuance of an Event of Default (as defined in the Declaration), the rights of holders of such Common Securities to payment in respect of distributions and payments upon liquidation, redemption and otherwise are subordinated to the rights of holders of such Capital Securities.

Capital Securities has the meaning set forth in the recitals to this Guarantee.

Examples of Capital Securities in a sentence

• As of the date hereof, there are no pre-emptive or other outstanding rights, options, warrants, conversion rights or other similar agreements or understandings for the purchase or acquisition of any Capital Securities of the Borrower and each of its Subsidiaries.

• The proceeds of Term Loan A were used to finance the repurchase of the Borrower’s Capital Securities in accordance with 10b5-1 plans.

• All issued and outstanding Capital Securities of the Borrower and each of its Subsidiaries are duly authorized and validly issued, fully paid, non-assessable, and free and clear of all Liens other than those in favor of the Lender, if any, and such securities were issued in compliance with all applicable state and federal laws concerning the issuance of securities.

• Not permit the ratio of (A) Unencumbered Assets to (B) the aggregate outstanding principal amount of the Company’s consolidated unsecured Financial Indebtedness minus, to the extent included in Financial Indebtedness, the aggregate amount outstanding of Hybrid Capital Securities, in each case on the last day of any quarter of any fiscal year of the Company to be less than 125%.

• The Borrower, promptly after the same are sent, deliver to the Lender copies of all proxy statements, financial statements, and reports that the Borrower sends to any holder of the Borrower’s Capital Securities and copies of all reports and registration statements that the Borrower files with the SEC or any national securities exchange.

More Definitions of Capital Securities

Capital Securities has the meaning set forth in paragraph 1(a) of Annex I.

Capital Securities has the meaning specified in the first recital of this Indenture.

Capital Securities has the meaning specified in the Recitals hereto.

Capital Securities means, collectively, the Series A Capital Securities and the Series B Capital Securities.

Capital Securities means undivided beneficial interests in the assets of the Trust which are designated as “MMCapSSM” and rank pari passu with Common Securities issued by the Trust; provided, however, that if an Event of Default (as defined in the Declaration) has occurred and is continuing, the rights of holders of such Common Securities to payment in respect of distributions and payments upon liquidation, redemption and otherwise are subordinated to the rights of holders of such Capital Securities.

Capital Securities has the meaning set forth in Section 6.1(a).

Capital Securities means, with respect to any Person, all shares, interests, participations or other equivalents (however designated, whether voting or non-voting) of such Person’s capital, whether now outstanding or issued after the Closing Date, including common shares, ordinary shares, preferred shares, membership interests or share capital in a limited liability company or other Person, limited or general partnership interests in a partnership, beneficial interests in trusts or any other equivalent of such ownership interest or any options, warrants and other rights to acquire such shares or interests, including rights to allocations and distributions, dividends, redemption payments and liquidation payments.