Current Capital Structure Sample Clauses

Current Capital Structure. The capital structure of the Partnership is currently as follows: (a)Indebtedness (the “Secured Debt”) outstanding under the Second Amended and Restated Credit Agreement, dated as of August 23, 2013, by and among FELLC, as borrower, certain guarantors, Citibank N.A., as administrative agent (the “Administrative Agent”), and the lenders party thereto from time to time (as amended, supplemented or otherwise modified, the “Credit Agreement”), comprised of (i) $352.5 million of principal amount of revolving loans, (ii) $297.8 million of principal amount of term loans, and (iii) $6.5 million in undrawn letters of credit, in each case, outstanding as of the Restatement Date; (b)Indebtedness outstanding under the Receivables Financing Agreement, dated as of January 13, 2015, by and among Foresight Receivables LLC, as borrower, the Securitization Agent, and the lenders party thereto from time to time (as amended, supplemented or otherwise modified, the “Securitization Facility”), comprised of a $50 million credit facility of which an estimated principal amount of approximately $13.4 million of borrowings are outstanding as of the Restatement Date; (c)Indebtedness and lease obligations (the “Equipment Financings”) outstanding, collateralized by longwall mine equipment, by and among FELP, FELLC, and the financing parties thereto, with an aggregate outstanding balance of $140.1 million as of the Restatement Date; (d)Indebtedness constituting senior unsecured notes (the “Senior Notes”) issued under that certain Indenture, dated as of August 23, 2013, by and among FELLC and Foresight Energy Financing Corporation, as issuers (the “Issuers”), certain guarantors, and Wilmington Savings Fund Society, FSB, as successor indenture trustee (in such capacity, the “Indenture Trustee”) (as amended, supplemented or otherwise modified, the “Indenture”), in an outstanding principal amount of $600 million as of the Restatement Date, which amount includes Senior Notes held by investors in Reserves (collectively, the “Reserves Investor Group” and such Senior Notes, the “Affiliate Notes”) in an aggregate principal amount of $83.0 million as of the Restatement Date; (e)Partnership interests in FELP, comprised of (i) common units in FELP (the “Common Units”) held by public unitholders, current and former FEGP executive officers and directors, Xxxxx Trust Company, a Delaware limited liability company (“CTC”), and affiliates of Xxxxx and Reserves and (ii) subordinated units in FELP (togethe...
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Current Capital Structure. The following outstanding indebtedness of the Company shall be restructured in connection with the Exchange Offer: (a) Indebtedness under the Credit Agreement dated as of August 8, 2007 (including any refinancing, replacement, extension, renewal, amendment (including the First Amendment and Waiver dated as of June 11, 2009 and the Second Amendment dated as of March 9, 2011), supplement, or modification thereof, the “First Lien Facility”), by and among the Parent, as borrower, certain guarantors thereunder, certain lenders and Xxxxx Fargo Bank, N.A., as administrative agent, comprised of the term loan (the “First Lien Term Loan”), the revolving loan (the “First Lien Revolving Loan”) and letter of credit obligations (the “LOC Obligations”). As of June 21, 2011, the aggregate outstanding principal amount of (i) the First Lien Revolving Loan was $188,500,000.00, (ii) the First Lien Term Loan was $84,375,000.00 and (iii) LOC Obligations was $18,580,845.02. (b) 4.25% convertible senior notes due 2012 (the “Notes”) issued under the Indenture dated as of August 8, 2007 (as amended, supplemented or modified from time to time, the “Indenture”), by and between the Parent, as issuer, and The Bank of New York Trust Company, N.A., as Indenture Trustee, in the aggregate principal amount of $330,000,000.00. Transaction: As described below, the proposed transaction (the “Transaction”) contemplates a $655 million refinancing backstopped by certain Noteholders who subscribe to the new secured notes (the
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Current Capital Structure. Comments A. Reconciliation of common shares to fully diluted shares, detailing: - Security type (convertible debt or convertible preferred stock, options, warrants); - Holder s name, number of securities owned, exercise price, issue date and expiration date; - Description of adjustments and/or resets to the exercise price or conversion price of any of the above securities; Description of lock-ups and rights of first refusal on future financings; Description of registration rights. List of all 5%+ shareholders and corresponding ownership interests. Number of shares not currently registered, with detail of registration rights (i.e., 144, piggyback, demand, etc.).
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Current Capital Structure. First Lien Debt: Indebtedness under that certain Credit Agreement, dated as of November 6, 2015 (as amended, modified or supplemented from time to time, the “First Lien Credit Agreement”), among HERO, as borrower, Jefferies Finance LLC, as administrative agent and collateral agent (the “First Lien Agent”), and the lenders from time to time party thereto (the “First Lien Lenders”), comprised of loans on the closing date of the First Lien Credit Agreement in an aggregate principal amount equal to $450 million. The indebtedness under the First Lien Credit Agreement is secured by a first priority security interest and lien upon substantially all of the HERO Entities’ personal and real property. The claims arising under the First Lien Credit Agreement (the “First Lien Claims”) shall be scheduled as of the Petition Date and shall be deemed allowed claims (i) under the interim and final Cash Collateral Order (as defined below) and (ii) as of the Effective Date (as defined below) against the Debtors in an amount equal to the outstanding principal, plus interest (including post-petition interest), fees and other expenses and the Applicable Premium (as defined in the First Lien Credit Agreement) due thereon. As of the RSA Effective Date, the aggregate amount of First Lien Claims is $579 million (plus accrued and unpaid interest), prior to taking into account any prepayments thereon contemplated by the Amended and Restated Forbearance Agreement. Neither the First Lien Agent nor any of the First Lien Lenders shall be required to file proofs of claim in the Chapter 11 Cases on account of the First Lien Claims.
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Current Capital Structure. The current capital structure of the Company includes the following (a) Indebtedness comprised of the Term Loans under that certain credit agreement, dated February 8, 2013 (as amended, supplemented or otherwise modified from time to time, the “Existing Credit Agreement”), in an aggregate principal amount outstanding of $449.5 million; (b) Equity interests (“Existing Partnership Interests”) in the Partnership held by the existing equity holders (the “Existing Partnership Equityholders”); (c) Claims (the “TRA Claims”) against The X.X. Xxxxxxxxx Company (“PubCo”) arising out of and pursuant to that certain Tax Receivable Agreement, dated November 14, 2013 (the “Existing TRA”), by and among, inter alia, PubCo (f/k/a JGWPT Holdings Inc.), the Principals (as defined therein) and, to the extent described therein, JLL Fund V AIF II, L.P. and the shareholders of PGHI Corp. (collectively, the “TRA Claimants”); and (a) Class A, Class B and Class C equity interests (including any warrants, options, profit interest units, or rights to acquire any such equity interests) in PubCo (“Existing PubCo Interests”).
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Current Capital Structure. The following outstanding indebtedness of the Company shall be restructured in connection with the Exchange Offer:
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Current Capital Structure. For the purpose of this Agreement, The current paid up and issued share capital of the Company comprises of INSERT TOTAL NUMBER OF SHARES[●] (in words) equity shares with a face value of BHD [●] (in words) per share and [●] preference shares with a face value of BHD [●] (in words) per share. The Founders or Partners hold [●] % (in words) in the current paid up and issued share capital of the Company.
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Current Capital Structure 
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Related to Current Capital Structure

  • Capital Structure The authorized capital stock of the Company consists of (a) 200,000,000 shares of Company Common Stock, of which 19,900,000 are issued and outstanding as of the date of this Agreement, and (b) 2,000,000 shares of Company Preferred Stock, (i) of which 50,000 shares are designated Company Class A Preferred Stock, one of which is issued and outstanding as of the date of this Agreement, and which, as of the date of this Agreement, is convertible into 80,100,000 shares of Company Common Stock, and (ii) of which 50,000 are designated Class B Preferred Stock, $0.001 par value per share, none of which are outstanding as of the date hereof. All outstanding shares of Company Common Stock and Company Class A Preferred Stock have been duly authorized and validly issued and are fully paid and non-assessable and free of any liens or encumbrances other than any liens or encumbrances created by or imposed upon the holders thereof (including those arising under the Company Stockholders Agreement, the Company Rights Agreement and the Company's certificate of incorporation), and are not subject to preemptive rights or rights of first refusal created by statute, the certificate of incorporation or bylaws of the Company or any agreement to which the Company is a party or by which it is bound, other than the Company Stockholders Agreement and the Company Rights Agreement. As of the date of this Agreement, there are 10,000,000 shares of Company Common Stock reserved for issuance under the Company Option Plan, of which 5,251,000 are subject to outstanding Company Options, none of which are or will be exercisable prior to the Effective Time. Except for the rights created pursuant to this Agreement, and the Company Options (and any stock option agreements issued in connection therewith) and other rights disclosed above in this Section 3.5 (including any rights under the Company Stockholders Agreement, the Company Option Plan or the Company Rights Agreement) and the Company Class A Preferred Stock, there are no options, warrants, calls, rights, commitments or agreements of any character to which the Company is a party or by which it is bound obligating the Company to issue, deliver, sell, repurchase or redeem or cause to be issued, delivered, sold, repurchased or redeemed, any shares of Company Capital Stock or obligating the Company to grant, extend, accelerate the vesting of, change the price of, or otherwise amend or enter into any such option, warrant, call, right, commitment or agreement. All shares of Company Common Stock issuable upon conversion of the Company Class A Preferred Stock or upon exercise of the Company Options described in this Section 3.5 will be, when issued pursuant to the respective terms of such Company Class A Preferred Stock or Company Options, as applicable, duly authorized, validly issued, fully paid and nonassessable. Other than the Company Stockholders Agreement, the Company Rights Agreement and the Company Option Plan (and any stock option agreements issued thereunder), there are no other contracts, commitments or agreements relating to voting, purchase or sale of the Company's capital stock (i) between or among the Company and any of its stockholders and (ii) to the knowledge of the Company or ACN, between or among any of the Company's stockholders. All shares of outstanding Company Common Stock and Company Class A Preferred Stock and the Company Options were issued in compliance with all applicable federal and state securities laws.

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