Equity Sales. Issue or sell any additional capital stock or any options or other interests convertible into or exercisable for any such additional capital stock or any debt securities, provided that the foregoing shall not be deemed to prohibit Borrower from accepting Equity Contributions or consummating the transactions under the Restructuring Agreement.
Equity Sales. Since November 5, 1999.. All shares of common stock sold by Issuer since November 5, 1999, the purchasers thereof, the number of shares purchased and the dollar amount paid by each purchaser are set forth on Schedule 4.9.
Equity Sales. (a)From the date hereof until 30 days after the Effective Date, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file any registration statement or any amendment or supplement thereto, in each case other than (a) as contemplated pursuant to the Registration Rights Agreement or (b) the filing of a registration statement, including any amendment or supplement thereto, on Form S-8.
Equity Sales. The Equity Sales shall have occurred on the Closing Date.
Equity Sales. (a) If the Company or its direct parent sells, issues or otherwise transfers Equity Interests of the Company or its direct parent, as the case may be, for cash or Cash Equivalents in a public offering registered with the SEC pursuant to an effective registration statement under the Securities Act (other than a registration statement on Form S-4 or Form S-8 or otherwise relating to equity interests issuable under any employee benefit plan of the Company or its direct parent) (each such sale, issuance or transfer, an “Equity Sale”), the Company will, within 10 days of the consummation of any such sale, issuance or other transfer, use an amount equal to 35% of the gross proceeds from such sale, issuance or other transfer (the “Equity Sale Proceeds”) to make an Equity Sale Offer in accordance with Section 3.10 hereof to all holders of notes and all holders of other Parity Lien Debt containing provisions similar to those set forth in this Indenture with respect to offers to purchase or redeem such Parity Lien Debt with the proceeds of sales of equity to purchase the maximum principal amount of Notes and such Parity Lien Debt that may be purchased out of the Equity Sale Proceeds. The offer price in any Equity Sale Offer will be equal to 101% of the principal amount plus accrued and unpaid interest and Liquidated Damages, if any, to the date of purchase, and will be payable in cash (the “Equity Sale Payment”). If any Equity Sale Proceeds remain after consummation of an Equity Sale Offer, the Company may use those Equity Sale Proceeds for any purpose not otherwise prohibited by this Indenture, including any redemption of Notes permitted by Section 3.07 hereof. If the aggregate principal amount of Notes and other Parity Lien Debt tendered into such Equity Sale Offer exceeds the amount of Equity Sale Proceeds, the Trustee will select the notes and such other Parity Lien Debt to be purchased on a pro rata basis. Upon completion of each Equity Sale Offer, the amount of Equity Sale Proceeds will reset at zero.
Equity Sales. (a) From the date hereof until forty-five (45) days after the Closing Date, neither the Company nor any Subsidiary shall issue, enter into any agreement to issue or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents.
Equity Sales. Ensure that any sale or other Disposition by the Borrower or any of its Subsidiaries (other than by or to Legacy Trust and the Insurance Subsidiary or as otherwise permitted by Sections 7.5(c), 7.5(d), 7.8(e) and 7.8(g)) of Capital Stock for cash proceeds shall be a new issuance of such Capital Stock at any time when the Consolidated Leverage Ratio (determined as at the end of the most recent period of four consecutive fiscal quarters ended prior to the required date of prepayment set forth in Section 2.11(a) for which the relevant financial information is available on a pro forma basis as if such issuance had occurred on the first day of such period) is greater than or equal to 1.5 to 1.0.”
Equity Sales. The Borrower shall not sell any equity securities or grant any option or other rights to purchase or acquire any equity securities without the prior consent of the Lender.
Equity Sales a) If during the term of this agreement there is a sale of all of the outstanding capital stock of the CLIENT (a “SALE”), CONSULTANT shall be paid, as commission, an amount equal to ten percent (10%) of the Net Proceeds (defined below) of the SALE received by CLIENT (the “Commission”). The Net Proceeds shall be an amount equal to the cash proceeds received by CLIENT less (i) selling expenses (including commissions, legal, accounting and other professional and transactional fees); (ii) taxes (including sales, income, capital gains, transfer, deed or mortgage recording taxes) paid or reasonably estimated to be payable in connection with such Sale; and (iii) the principal, premium or penalty, interest and other amounts required to be paid in respect of any indebtedness of CLIENT and/or Lakeland USA or any of their subsidiaries. For the avoidance of doubt, the calculation of proceeds of the SALE shall not take into account any debt of CLIENT assumed by the purchaser.
Equity Sales. 44 7.16 Transactions with Affiliates.............................................................................44 7.17
