Cash Pay Preferred Stock definition

Cash Pay Preferred Stock any class or series of Capital Stock of any Person that by its terms or otherwise (i) is required to be redeemed prior to the date (the “Expiration Date”) which is one year after the Latest Applicable Revolving Termination Date, (ii) is redeemable at the option of the holder of such class or series of Capital Stock at any time prior to the Expiration Date, (iii) is convertible into or exchangeable for (unless solely at the option of such Person) Capital Stock referred to in clause (i) or (ii) above or Indebtedness having a scheduled maturity prior to the Expiration Date or that would require cash payment of interest prior to the Expiration Date or (iv) provides for payment of dividends (other than dividends payable solely in common stock or in Non-Cash Pay Preferred Stock of such Person) prior to the Expiration Date; provided, that no Capital Stock of any Person shall constitute Cash Pay Preferred Stock as a result of terms or provisions that give holders thereof the right to require such Person to repurchase or redeem such Capital Stock upon the occurrence of (x) a “change of control” (or similar event, however defined) or (y) the sale of all or substantially all of such Person’s assets (or similar event, however defined).
Sample 1
Cash Pay Preferred Stock means (a) for purposes of the definition of Consolidated Interest Expense, Preferred Stock of any member of the Allied Group that by its terms requires the periodic payment of cash dividends or in respect of which the issuer has declared or paid cash dividends and (b) for all other purposes (including the definitions of Indebtedness and Total Indebtedness), Preferred Stock of any member of the Allied Group to the extent that (i) such member of the Allied Group has undertaken to redeem or repurchase for cash or other assets (other than common stock or Preferred Stock of Allied Waste which, in the case of such Preferred Stock, is Non-Cash-Pay at such time) at a fixed or determinable date or dates prior to the date that is six months after the Term Loan Maturity Date, whether by operation of a sinking fund or otherwise or (ii) such Preferred Stock is required by its terms to be repurchased or redeemed for cash or other assets (other than common stock or Preferred Stock of Allied Waste which, in the case of such Preferred Stock, is Non-Cash-Pay at such time) by such member of the Allied Group on any date or dates prior to the date that is six months after the Term Loan Maturity Date at the option of the holder thereof or upon the occurrence of a condition or event not solely within the control of such member of the Allied Group (other than, in each such case, upon the occurrence of a change in control of such member of the Allied Group or any Affiliate thereof).
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Cash Pay Preferred Stock means any Capital Stock that, by its terms, by the terms of any security into which it is convertible or exchangeable, by contract or otherwise, requires, or upon the happening of an event or passage of time would require, the payment of dividends (other than dividends paid (1) in Qualified Capital Stock and/or (2) from a segregated reserve account funded solely out of amounts paid by the purchaser or purchasers of such Capital Stock in connection with the issuance of such Capital Stock) prior to the date that is 91 days after the final Stated Maturity of the Notes.
Sample 1

More Definitions of Cash Pay Preferred Stock

Cash Pay Preferred Stock any class or series of Capital Stock of any Person that by its terms or otherwise (i) is required to be redeemed prior to the date (the “Expiration Date”) which is one year after the Initial Revolving Termination Date (or, if extended, the final maturity date of the Loans and the expiration of the Revolving Commitments hereunder), (ii) is redeemable at the option of the holder of such class or series of Capital Stock at any time prior to the Expiration Date, (iii) is convertible into or exchangeable for (unless solely at the option of such Person) Capital Stock referred to in clause (i) or (ii) above or Indebtedness having a scheduled maturity prior to the Expiration Date or that would require cash payment of interest prior to the Expiration Date or (iv) provides for payment of dividends (other than dividends payable solely in common stock or in Non-Cash Pay Preferred Stock of TWTC) prior to the Expiration Date; provided, that no Capital Stock shall constitute Cash Pay Preferred Stock as a result of containing provisions that give holders the right to require such Person to repurchase or redeem such Capital Stock upon the occurrence of (x) a “change of control” (or similar event, however defined) or (y) the sale of all or substantially all of such Person’s assets (or similar event, however defined).
Sample 1
Cash Pay Preferred Stock any class or series of Capital Stock of ------------------------ any Person that by its terms or otherwise (i) is required to be redeemed prior to the date (the "Expiration Date") which is one year after the final maturity --------------- date of the Loans and the expiration of the Commitments hereunder, (ii) is redeemable at the option of the holder of such class or series of Capital Stock at any time prior to the Expiration Date, (iii) is convertible into or exchangeable for (unless solely at the option of such Person) Capital Stock referred to in clause (i) or (ii) above or Indebtedness having a scheduled maturity prior to the Expiration Date or that would require cash payment of interest prior to the Expiration Date or (iv) provides for payment of dividends (other than dividends payable solely in common stock or in Non-Cash Pay Preferred Stock of TWTC) prior to the Expiration Date; provided, that no Capital -------- Stock shall constitute Cash Pay Preferred Stock as a result of containing provisions that give holders the right to require such Person to repurchase or redeem such Capital Stock upon the occurrence of (x) a "change of control" (or similar event, however defined) or (y) the sale of all or substantially all of such Person's assets (or similar event, however defined).
Sample 1
Cash Pay Preferred Stock means any class or series of Capital Stock of any Person that by its terms or otherwise (a) is required to be redeemed prior to the date (the "EXPIRATION DATE") which is one year after the final maturity date of the Advances and the expiration of the Commitments hereunder, (b) is redeemable at the option of the holder of such class or series of Capital Stock at any time prior to the Expiration Date, (c) TWT Bridge Credit Agreement
Sample 1
Cash Pay Preferred Stock means Preferred Stock (i) that requires periodic payment of cash dividends or (ii) that the issuer thereof has undertaken to redeem for cash at a fixed or determinable date or dates prior to the date that is six months after the Tranche C Maturity Date, whether by operation of a sinking fund or otherwise, or upon the occurrence of a condition not solely within the control of the issuer (other than the existence of a condition requiring the issuer to redeem such Preferred Stock upon the occurrence of a change of control of the issuer or any of its affiliates) or (iii) is redeemable for cash on any date prior to the date that is six months after the Tranche C Maturity Date at the option of the holder thereof.
Sample 1
Cash Pay Preferred Stock. Preferred Stock (i) that requires, or would require, periodic payment of cash dividends or (ii) that requires, or would require, the issuer thereof to make any other payment (including in respect of any sinking fund or similar deposit) in cash under any circumstances (whether as dividends, on account of the purchase, redemption, retirement, acquisition, cancellation or termination of any such stock or otherwise) on any date prior to 91 days after the fourth anniversary of the Closing (other than (i) upon payment in full of the Obligations (other than indemnification and other contingent obligations not yet due and owing) or (ii) upon a change in control; provided that any payment required pursuant to this clause (ii) shall not be made prior to the repayment in full of the Obligations).
Sample 1

Related to Cash Pay Preferred Stock

  • New Preferred Stock means the Series B-1 Preferred Stock and the Series B-2 Preferred Stock.

  • Parent Preferred Stock means the preferred stock, par value $0.01 per share, of Parent.

  • Qualified Preferred Stock means any preferred capital stock of Holdings or Lead Borrower so long as the terms of any such preferred capital stock (x) do not contain any mandatory put, redemption, repayment, sinking fund or other similar provision prior to the 91st day after the Latest Maturity Date as of the date such Qualified Preferred Stock was issued other than (i) provisions requiring payment solely (or with provisions permitting Holdings or Lead Borrower, as applicable, to opt to make payment solely) in the form of common Equity Interests, Qualified Preferred Stock of Holdings or Lead Borrower or cash in lieu of fractional shares, as applicable, or any Equity Interests of any direct or indirect Parent Company of Holdings or Lead Borrower, as applicable, (ii) provisions requiring payment solely as a result of a change of control or asset sale, so long as any rights of the holders thereof upon the occurrence of a change of control or asset sale are subject to the payment in full of all Obligations in cash (other than unasserted contingent indemnification obligations) or such payment is otherwise permitted by this Agreement (including as a result of a waiver or amendment hereunder) and (iii) with respect to preferred capital stock issued to any plan for the benefit of employees of Holdings or Lead Borrower, as applicable, or its Subsidiaries or by any such plan to such employees, provisions requiring the repurchase thereof in order to satisfy applicable statutory or regulatory obligations and (y) give Holdings or Lead Borrower the option to elect to pay such dividends or distributions on a non-cash basis or otherwise do not require the cash payment of dividends or distributions at any time that such cash payment is not permitted under this Agreement or would result in an Event of Default hereunder.

  • Series H Preferred Stock means shares of the Company’s Series H Preferred Stock, par value $0.0001 per share.

  • Qualifying Preferred Stock means non-cumulative perpetual preferred stock of the Corporation that (a) ranks pari passu with or junior to all other preferred stock of the Corporation, and (b) either (x) is subject to a Qualifying Replacement Capital Covenant or (y) is subject to Intent-Based Replacement Disclosure and has a provision that prohibits the Corporation from paying any dividends thereon upon its failure to satisfy one or more financial tests set forth therein, and (c) as to which the transaction documents provide for no remedies as a consequence of non-payment of dividends other than Permitted Remedies.

  • Series C Preferred Stock means shares of the Company’s Series C Preferred Stock, par value $0.0001 per share.

  • Series D Preferred Stock means shares of the Company’s Series D Preferred Stock, par value $0.001 per share.

  • Series A Preferred Stock means shares of the Company’s Series A Preferred Stock, par value $0.0001 per share.

  • Company Series C Preferred Stock means the Series C Preferred Stock, par value $0.0001 per share, of the Company.

  • Series F Preferred Stock means shares of the Company’s Series F Preferred Stock, par value $0.0001 per share.

  • Senior Preferred Stock means the Series A Preferred Stock and the Series B Preferred Stock.

  • Company Preferred Stock means the preferred stock, par value $0.001 per share, of the Company.

  • Junior Preferred Stock means ML & Co.'s Series A Junior Preferred Stock, par value $1.00 per share.

  • Company Series A Preferred Stock means the Series A Preferred Stock, par value $0.0001 per share, of the Company.

  • Series E Preferred Stock means shares of the Company’s Series E Preferred Stock, par value $0.0001 per share.

  • UST Preferred Stock means the Issuer’s Fixed Rate Cumulative Perpetual Preferred Stock, Series [●].

  • Series B-1 Preferred Stock means shares of the Company’s Series B-1 Preferred Stock, par value $0.0001 per share.

  • Series B Preferred Stock means shares of the Company’s Series B Preferred Stock, par value $0.0001 per share.

  • Class A Preferred Stock means the Company's Class A Convertible Preferred Stock, par value $.01 per share.

  • Series G Preferred Stock means shares of the Company’s Series G Preferred Stock, par value $0.0001 per share.

  • Existing Preferred Stock means, collectively, the outstanding shares of the Series E 6% Convertible Preferred Stock of the Corporation.

  • Voting Preferred Stock means, with regard to any election or removal of a Preferred Stock Director (as defined in Section 8(b) below) or any other matter as to which the holders of Series E are entitled to vote as specified in Section 8 of this Certificate of Designations, any and all series of Preferred Stock (other than Series E) that rank equally with Series E either as to the payment of dividends or as to the distribution of assets upon liquidation, dissolution or winding up of the Corporation and upon which like voting rights have been conferred and are exercisable with respect to such matter.

  • Series B-2 Preferred Stock means shares of the Company’s Series B-2 Preferred Stock, par value $0.001 per share.

  • Equity Preferred Securities means, with respect to any Person, any trust preferred securities or deferrable interest subordinated debt securities issued by such Person or other financing vehicle of such Person that (i) have an original maturity of at least twenty years, and (ii) require no repayments or prepayments and no mandatory redemptions or repurchases, in each case, prior to the first anniversary of the latest Maturity Date.

  • Company Series B Preferred Stock means the Series B Preferred Stock, par value $0.0001 per share, of the Company.

  • Safe Preferred Stock means the shares of the series of Preferred Stock issued to the Investor in an Equity Financing, having the identical rights, privileges, preferences and restrictions as the shares of Standard Preferred Stock, other than with respect to: (i) the per share liquidation preference and the initial conversion price for purposes of price-based anti-dilution protection, which will equal the Conversion Price; and (ii) the basis for any dividend rights, which will be based on the Conversion Price.