Equity for Debt Exchange. (a) Subject to Section 4.6(c), Xxxx Foods shall be entitled to engage in one or more Equity for Debt Exchanges. If Xxxx Foods decides to engage in an Equity for Debt Exchange, Xxxx Foods shall (i) incur indebtedness from one or more third-party lenders, (ii) use the net proceeds thereof to repay amounts then outstanding to one or more third-party creditors of Xxxx Foods, and (iii) discharge the indebtedness described in the foregoing clause (i) in exchange for some or all of the shares of WhiteWave Class A Common Stock then held by Xxxx Foods.
Appears in 4 contracts
Samples: Separation and Distribution Agreement (Dean Foods Co), Separation and Distribution Agreement (WHITEWAVE FOODS Co), Services Agreement (WHITEWAVE FOODS Co)
