The Equity Rights Offering Sample Clauses
The Equity Rights Offering. On and subject to the terms and conditions hereof, including entry of the Backstop Order, the Debtors shall conduct the Equity Rights Offering pursuant to, and in accordance with, the Equity Rights Offering Procedures, this Agreement, and the Plan. Thirty percent (30%) of the New Common Stock to be issued pursuant to the Equity Rights Offering shall be reserved for the Equity Commitment Parties pro rata based on the Equity Commitment Parties’ Direct Allocation Percentages (the “Direct Allocation Right”).
The Equity Rights Offering. The Unsecured Notes Claims shall be deemed allowed in the full amount of such Claims. Impaired;
The Equity Rights Offering. Subject to the terms and conditions hereof, the Equity Rights Offering will be conducted in accordance with the 1145 Equity Rights Offering Procedures and 4(a)(2) Equity Rights Offering Procedures in forms to be agreed (together, the “Equity Rights Offering Procedures”) and as follows:
(a) Pursuant to the RSA and the Plan, each holder of record of claims (each such holder, an “Eligible Holder”) as of the Subscription Record Date will receive Subscription Rights with respect to the claims held of record by such Eligible Holder as of the Subscription Record Date (such claims being “Eligible Claims”) to subscribe for its pro rata share (measured as the principal and accrued and unpaid interest amount of Eligible Claims of the respective Class (as defined in the RSA) held by such Eligible Holder as compared to the aggregate principal and accrued and unpaid interest amount relating to such Eligible Claims of the respective Class held by all Eligible Holders of the respective Class) of the Eligible Holder Securities subject to certain other customary representations and warranties.
(b) Subject to the terms and conditions of this Agreement, the Company hereby undertakes to offer (i) Eligible Holder Securities for subscription by Eligible Holders of Eligible Claims pursuant to the Equity Rights Offering Procedures and the Plan as set forth in this Agreement and (ii) Backstop Party Securities for subscription by the Backstop Parties pursuant to the RSA and the Plan as set forth in this Agreement.
The Equity Rights Offering. Subject to the terms and conditions hereof, the Equity Rights Offering will be conducted in accordance with the 1145 Equity Rights Offering Procedures and 4(a)
The Equity Rights Offering. On and subject to the terms and conditions hereof, including entry of the Backstop Order, the Debtors shall conduct the Equity Rights Offering pursuant to, and in accordance with, the Equity Rights Offering Procedures, this Agreement, and the Plan, in form and substance reasonably acceptable to the Required Equity Commitment Parties.