Permitted Securities means securities (and security entitlements with respect thereto) that are (a) direct obligations of the United States of America or obligations guaranteed as to principal and interest by the full faith and credit of the United States of America, and (b) securities issued by agencies of the U.S. Federal government whether or not backed by the full faith and credit of the United States rated "AAA" and "Aaa", or better by S&P and Moody's, respectively, which, in either case under clauses (a) or (b) are not callable or redeemable at the option of the issuer thereof, and shall also include a depository receipt issued by a bank or trust company as custodian with respect to any such U.S. Government obligation or a specific payment of interest on or principal of any such U.S. Government obligation held by such custodian for the account of the holder of a depository receipt, provided that (except as required by law) such custodian is not authorized to make any deduction in the amount payable to the holder of such depository receipt from any amount received by the custodian in respect of the U.S. Government obligation or the specific payment of interest on or principal of the U.S. Government obligation evidenced by such depository receipt.
Permitted Securities means any shares, units or interests of equity securities or ownership interests of Borrower that by their terms (or by the terms of any security into which it is convertible or for which it is exchangeable) or upon the happening of any event or otherwise (A) are not convertible or exchangeable for Indebtedness or any securities that are not Permitted Securities, (B) (i) do not have any required payments, redemptions or distributions and (ii) are not putable or redeemable at the option of the holder thereof, in each case under clause (i) or (ii) in whole or in part on or prior to the date that is ninety-one (91) calendar days after the earlier of the end of the Term or the actual payment in full in cash of the Obligations, (C) do not require payments of dividends that are otherwise prohibited pursuant to this Agreement on or prior to the date that is ninety-one (91) calendar days after the earlier of the end of the Term or the actual payment in full of the Obligations, (D) are unsecured and by operation of law or by legally binding agreement are junior or subordinated in right of repayment, liens, security and remedies to all of the Obligations and to all of Agent's and Lenders' rights, Liens and remedies,
Permitted Securities means, with respect to any Asset Sale, Voting Stock of a Person primarily engaged in one or more Similar Businesses; provided that after giving effect to the Asset Sale such Person shall become a Restricted Subsidiary and a Guarantor.
Permitted Securities means, with respect to any Asset Disposition, Voting Stock of a Person primarily engaged in a Permitted Business; provided that after giving effect to the Asset Disposition such Person shall become a Restricted Subsidiary.
Permitted Securities means (i) the Warrants issued pursuant to the Subscription Agreement, (ii) the shares of Common Stock issuable upon exercise of the Warrants issued pursuant to the Subscription Agreement, (iii) shares of Common Stock and Convertible Securities and Options issued after the Reference Date pursuant to an employee option, stock purchase or similar plan that is either in effect as of the Reference Date or adopted by the Board of Directors after the date hereof, (iv) shares of Common Stock and Convertible Securities and Options issued in consideration for the provision of bona fide services or debt financings (including capital leases, bank credit facilities, equipment financing transactions, leasing lines of credit or other collaborative arrangements) to the Company by non-affiliates, (v) shares of Common Stock and Convertible Securities issued in connection with an acquisition of, or merger with, another company by the Company, at a price per share not less than Current Market Value of the Common Stock and (vi) shares of Common Stock issued in a bona fide public offering pursuant to a firm commitment underwriting.
Permitted Securities means publicly issued (or privately placed with rights to exchange for publicly issued) subordinated unsecured notes or senior unsecured notes issued by Borrower (including unsecured guaranties thereof by Restricted Subsidiaries), including securities convertible into common stock, or preferred Capital Stock issued by Borrower, in an aggregate amount (whether of principal amount, face amount or liquidation preference amount) not in excess of $150,000,000, which (i) by its terms (or the terms of any security into which it is convertible or for which it is exchangeable) does not mature and is not redeemable (whether mandatorily or otherwise) at the option of the holder thereof nor convertible or exchangeable (other than for shares of common stock), in each case prior to 12 months after the Commitment Expiry Date and (ii) in the case of such notes is not subject to covenants or events of default (or other provisions which have the same effect as covenants or events of default) at the time of issuance which are materially more restrictive, taken as a whole, on Borrower than those customarily required for publicly traded unsecured notes of the same type issued by companies of a similar credit rating and in the same industry of Borrower, as determined in the good faith judgment of the Board of Directors, and (iii) does not provide for interest (in the case of notes) in excess of 11% per annum nor dividends (in the case of preferred Capital Stock) in excess of 11% per annum.
Permitted Securities means (a) any equity securities issued in substitution of (or in exchange or payment of) all or any portion of the Obligations that are subordinated in right of payment to the Senior Debt (or any notes or other securities issued in substitution of all or any portion of the Senior Debt) and (b) any notes or other debt securities issued in substitution of (or in exchange or payment of) all or any portion of the Obligations that are subordinated to the Senior Debt (or any notes or other securities issued in substitution of all or any portion of the Senior Debt) to the same extent that the Obligations are subordinated to the Senior Debt pursuant to the terms of Article XII.
Permitted Securities means (a) marketable direct obligations issued by, or unconditionally guaranteed by, the United States government or issued by any agency thereof and backed by the full faith and credit of the United States, in each case maturing within 18 months from the date of acquisition; or (b) shares of money market, mutual or similar funds which invest exclusively in assets satisfying the requirements of clause (a) of this definition.