Material Recapitalization definition

Material Recapitalization means any incurrence of indebtedness by the Company or any of its Subsidiaries and related (a) purchase or series of related purchases within a six (6) month period by the Company or any of its Subsidiaries of 40% or more in aggregate of any class of equity securities of the Company or (b) payment of a dividend or series of dividends within a six (6) month period in an aggregate amount of 40% or more of the Company’s then-current market capitalization.
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Examples of Material Recapitalization in a sentence

  • The Company will not amend or waive, or suffer to be amended or waived, any Corporate Document or any Material Recapitalization Document from the respective forms thereof delivered to the Purchaser pursuant to Section 5.01 in a way which has a material adverse effect on the Holders or the Purchaser without the prior written consent of the Purchaser.

  • Except for the Material Recapitalization Documents or as set forth on Schedule 3.12, there are no subscriptions, options, warrants, rights, convertible securities, exchangeable securities or other agreements or commitments of any character pursuant to which the Company is required to issue any shares of its capital stock.

  • Each of the Financing Documents (other than the Notes) and the Material Recapitalization Documents to which it is a party has been duly authorized, executed and delivered by the Company and constitutes its valid and binding agreement enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency and other similar laws affecting creditors' rights generally and equitable principles of general applicability.

  • Representations in Other Financing Documents and in Material Recapitalization Documents............................................................21 Section 3.17.

  • Representations in Other Financing Documents and in Material Recapitalization Documents.........21 Section 3.17.