Permitted Capital Stock. (a) common stock of Holdings and (b) any preferred stock of Holdings (or any equity security of Holdings that is convertible into or exchangeable for any preferred stock of Holdings), so long as the terms of any such preferred stock or equity security of Holdings (i) do not provide any collateral security, (ii) do not provide any guaranty or other support by the Borrower or any Subsidiaries of the Borrower, (iii) do not contain any mandatory put, redemption, repayment, sinking fund or other similar provision occurring before the eighth anniversary of the Closing Date (other than as a result of a change of control or similar event that, in each case, is no less favorable to the Loan Parties and the Lenders than the change of control event applicable to the Senior Notes), (iv) do not require the cash payment of dividends or interest, (v) do not contain any financial maintenance covenants, and (vi) to the extent any such preferred stock or equity security does not otherwise comply with clauses (b)(i) through (iv) hereof, such preferred stock or equity security is otherwise reasonably satisfactory to Administrative Agent.
Permitted Capital Stock means any Capital Stock of the Company that by its terms (or by the terms of any Capital Stock into which it is convertible or for which it is exchangeable) (a) are not convertible or exchangeable for Debt or any securities that are not Permitted Capital Stock, (b) (i) do not mature and (ii) are not putable or redeemable at the option of the holder thereof, in each case in whole or in part on or prior to the date that is six months after the earlier of the scheduled Maturity Date or the actual payment in full in cash of the Obligations, (c) do not require payments of dividends or distributions in cash on or prior to the date that is six months after the earlier of the scheduled Maturity Date or the actual payment in full in cash of the Obligations, (d) are not secured by any Liens on any property or asset of a Loan Party, and (e) are not sold, issued or otherwise transferred in connection with or as a part of a public offering.
Permitted Capital Stock means capital stock, membership or other ownership interests of HoldCo provided that (i) no dividends (other than dividends payable solely in shares of stock or membership or other ownership interests of Permitted Capital Stock) are payable on such capital stock, membership or other ownership interests until after the maturity date of this Agreement (as it may be extended) and (ii) such capital stock, membership or other ownership interests is not mandatorily redeemable by HoldCo or at the option of the holder thereof until after the maturity date of this Agreement (as it may be extended)."
Examples of Permitted Capital Stock in a sentence
Use the proceeds of any Credit Extension, whether directly or indirectly, and whether immediately, incidentally or ultimately, to purchase or carry margin stock (within the meaning of Regulation U of the FRB) or to extend credit to others for the purpose of purchasing or carrying margin stock or to refund indebtedness originally incurred for such purpose, except in each case pursuant to a Permitted Capital Stock Buyback.
Use the proceeds of any Loan, whether directly or indirectly, and whether immediately, incidentally or ultimately, to purchase or carry margin stock (within the meaning of Regulation U of the FRB) or to extend credit to others for the purpose of purchasing or carrying margin stock or to refund indebtedness originally incurred for such purpose, except in each case pursuant to a Permitted Capital Stock Buyback.
The text confirms, instead, that the standards reflected in item (j) provide the exclusive test for whether export credit guarantees provide prohibited export subsidies.
Aggregate amount of Permitted Capital Stock Repurchases from the Closing Date to the Determination Date $ -------- G.
The proceeds of the Revolving Loans, and the Letters of Credit, shall be used to finance a portion of the Refinancing and related fees and expenses and the working capital needs and general corporate purposes of the Borrower and its Subsidiaries, including but not limited to the Permitted Capital Stock Repurchase so long as no violation of Regulation U results therefrom.
More Definitions of Permitted Capital Stock
Permitted Capital Stock means (a) common stock of Holdings and (b) any preferred stock of Holdings (or any equity security of Holdings that is convertible into or exchangeable for any preferred stock of Holdings), so long as the terms of any such preferred stock or equity security of Holdings (i) do not provide any collateral security, (ii) do not provide any guaranty or other support by Mentor or any of its Subsidiaries, (iii) do not contain any mandatory put, redemption, repayment, sinking fund or other similar provision occurring before November 4, 2012 (other than as a result of a change of control or similar event), (iv) do not require the cash payment of dividends or interest, (v) do not contain any financial maintenance covenants, and (vii) to the extent any such preferred stock or equity security does not otherwise comply with clauses (b)(i) through (iv) hereof, such preferred stock or equity security is otherwise reasonably satisfactory to the Lender.
Permitted Capital Stock means (a) common stock of Parent and (b) any preferred stock of Parent (or any equity security of Parent that is convertible into or exchangeable for any preferred stock of Parent), that (x) does not include a dividend payable in anything other than Permitted Capital Stock and (y) is not mandatorily redeemable by Parent or any of its Subsidiaries or redeemable at the option of the holder of such Capital Stock, in each case prior to the sixth month anniversary of the Tranche B Maturity Date (other than in connection with an asset sale or change of control or similar event if the Obligations are required to be paid prior to satisfying such put, redemption, repayment, sinking fund or similar provision), and to the extent any such preferred stock or equity security does not otherwise comply with clause (b) hereof, such preferred stock or equity security is otherwise reasonably satisfactory to Administrative Agent.
Permitted Capital Stock. Capital Stock of the Borrower with respect to which the Borrower has no obligation to make any Distributions prior to the payment in full in cash of all the Obligations.
Permitted Capital Stock. Capital Stock of the Parent with respect to which the Parent has no obligation to make any Distributions prior to the indefeasible payment in full in cash of all Obligations.
Permitted Capital Stock means any capital stock of the Borrower with respect to which the Principal Companies shall have no obligation, contingent or otherwise, under its articles of incorporation or Authorizing Resolutions, or pursuant to any contractual obligation, to (a) declare or pay any dividend, (b) make any redemption, repurchase, retirement or acquisition, whether through a subsidiary of such person or otherwise, (c) make any return of capital thereon, or (d) make any other distribution of any kind.
Permitted Capital Stock means any Capital Stock of any Person with respect to which such Person has no obligation to (a) declare or pay any dividend (other than dividends payable in shares of Permitted Capital Stock), at any time on or prior to December 31, 2002, (b) make any redemption, repurchase, retirement or acquisition, whether through a Subsidiary of such Person or otherwise, at any time on or prior to December 31, 2002, (c) make any return of capital to the holder thereof at any time on or prior to December 31, 2002, or (d) make any other distribution of any kind at any time on or prior to December 31, 2002.
Permitted Capital Stock any Capital Stock of Holdings that (x) does not include a dividend payable in anything other than Capital Stock of Holdings that otherwise satisfies the criteria set forth in the following clause (y) and (y) is not mandatorily redeemable by Holdings or any of its Subsidiaries or redeemable at the option of the holder of such Capital Stock, in each case prior to the sixth month anniversary of the Final Maturity Date (other than in connection with an asset sale or change of control if the Obligations and Holdings’s obligations under Section 2 of the Guaranty and Collateral Agreement are required to be paid prior to satisfying such put, redemption, repayment, sinking fund or similar provision).