Common use of Intercompany Note Clause in Contracts

Intercompany Note. The Loan Parties will not, nor will they permit any of their Subsidiaries to, directly or indirectly, issue (including by exchange or conversion) any Preferred Stock or other preferred Equity Interest (other than the New Preferred Stock pursuant to the New Preferred Stock Documents as in effect on the Closing Date or any other Preferred Stock with identical terms or more favorable terms to the Loan Parties that is issued pursuant to clause (ii) of the definition of "Excluded Equity Issuance") which (i) matures or is mandatorily redeemable pursuant to a sinking fund obligation or otherwise or requires the payment of any cash dividends, in each case, before 180 days after the Term Loan B Maturity Date, (ii) is or may become redeemable or repurchaseable at the option of the holder thereof, in whole or in part, or (iii) is convertible or exchangeable at the option of the holder thereof for Indebtedness.

Appears in 2 contracts

Sources: Credit Agreement (Seminis Inc), Credit Agreement (Seminis Inc)