Increase in capital Clause Samples

An 'Increase in capital' clause defines the process and conditions under which a company can raise its authorized or issued share capital. Typically, this clause outlines the approvals required, such as shareholder or board consent, and may specify the methods for increasing capital, like issuing new shares or converting debt to equity. By establishing clear procedures, the clause ensures transparency and fairness in capital changes, protecting the interests of existing shareholders and supporting the company's ability to raise additional funds when needed.
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Increase in capital. To consider any recommendation made by the directors on any proposal to increase the capital of the Company and after giving due consideration to the recommendations of the directors to agree to such a proposal if the Company requires additional equity capital and the Trustees and the directors shall endeavour to ensure that except where the interests of the Trust Fund require some other method of distribution any new shares shall be offered to the following classes of persons in the following sequence: (a) first to Consumers on the basis of an equal number of shares for each consumer; (b) second to the extent that any shares are not taken up by the Consumers to whom they are offered under (a) above they shall be made available to all Consumers and allocated to all those who apply for them and to the extent that the number of shares applied for exceeds the number of shares available the shares shall be allocated equitably by reducing progressively the entitlement of Consumers who applied beginning with those who applied for the greatest number of shares until the number of shares available equals the number to be allocated to all Consumers;
Increase in capital. Neither the Borrower nor any Owner shall issue membership interests or other equity interests to anyone except for, in the case of the Owners, the Borrower and, in the case of the Borrower, the Parent.
Increase in capital. No Borrower shall issue membership interests or other equity interests to anyone except the Parent.
Increase in capital. Increase the capital of Borrower or any Guarantor by transferring assets among Borrower and Guarantors or Borrower's Affiliates to Borrower and Guarantor, provided that nothing herein shall prohibit the purchase of additional equity interests from, or the making of a capital contribution to, Borrower by any parent of Borrower that is also a Guarantor.
Increase in capital. No Obligor (other than the Parent) shall issue shares or other equity interests to anyone who is not a wholly-owned Subsidiary of the Parent.
Increase in capital. To consider any recommendation made by the directors on any proposal to increase the capital of the Company and after giving due consideration to the recommendations of the directors and if the Company requires additional equity capital to vote in favour of such a proposal and the Trustees and the directors shall endeavour to ensure that except where the interests of the Trust Fund require some other method of distribution any new Shares shall be offered to the following classes of person in the following sequence: (a) first to Consumers on the basis of an equal number of Shares for each Consumer. (b) second to the extent that any Shares are not taken up by the Consumers to whom they are offered under (a) above they shall be made available to all Consumers and allocated to all those who apply for them and to the extent that the number of Shares applied for exceeds the number of Shares available the Shares shall be allocated equitably by reducing progressively the entitlement of Consumers who applied beginning with those who applied for the greatest number of Shares until the number of Shares available equals the number to be allocated to all Consumers; (c) third, to the extent that any Shares are not allocated to Consumers under (a) or (b) above, they shall be made available to all Electors and allocated to all those who apply for them and to the extent that the number of Shares applied for exceeds the number of Shares available the Shares shall be allocated equitably by reducing progressively the entitlement of Electors who applied beginning who those who applied for the greatest number of Shares until the number of Shares available equals the number to be allocated to all Electors; and (d) finally, any Shares not allocated to Consumers or Electors, shall be offered to the public on terms no more favourable than those offered to Consumers or Electors.
Increase in capital. To consider any recommendation made by the directors on any proposal to increase the capital of the company and after giving due consideration to the recommendations of the directors to agree to such a proposal if the Company requires additional equity capital provided however that except where the Trust will be subscribing for such additional equity capital the Trustees shall not agree to any proposal to increase the capital of the Company unless it has first implemented the Public Consultative Procedure.
Increase in capital. The share capital is increased using all methods and in accordance with all terms and conditions provided for by law. The Extraordinary General Meeting, on the report of the Board of Directors, alone has the power to decide to make an increase in capital. In proportion to the amounts of their shares, the shareholders have a preferred subscription right to the shares for cash issued to carry out an increase in capital. The shareholders may individually waive their preferred rights. The right to allotment of new shares to shareholders, following the incorporation of reserves, profits or premiums into the capital, belongs to the bare owner, subject to the rights of the beneficial owner. To represent increases in capital, preferred shares can be created enjoying special rights in relation to all other shares, subject to legal provisions regulating voting rights. In the event of incorporation of reserves, profits or premiums, the Extraordinary General Meeting will rule under the quorum and majority conditions set out for Ordinary General Meetings. In the event of an increase in capital by incorporation of reserves or the allotment of free shares, the shares allotted pursuant to rights attached to the shares of a given category will be shares of the same category. In the event of an increase in capital in cash with preferred subscription rights, the shares subscribed upon exercise of the preferred subscription right attached to the shares of a given category will be shares of the same category. In other cases of an increase in capital, the general meeting deciding on the increase in capital will rule on the category of shares issued in remuneration of the increase in capital.
Increase in capital. The Borrower shall not issue shares to anyone unless to an existing Shareholder provided there is no change in the percentage ownership interests and/or shareholding in the Borrower that constitutes a Change of Control or to a New Shareholder which is an Approved Shareholder in accordance with clause 29.16 (Replacement and/or additional shareholder) and in each case provided that any such issued shares are, from the first Utilisation Date, subject to the Shares Security.
Increase in capital. Neither the Lessee nor the Lessee Parent shall issue shares or other equity interests to anyone except the Lessee Parent (in relation to the Lessee) and the Ultimate Shareholder (in relation to the Lessee Parent) which shares have been or will be charged to the Lessor pursuant to the Lessee Share Charge and the Lessee Parent Share Charge or such document which terms are substantially the same as the Lessee Share Charge and the Lessee Parent Share Charge.