Treatment of Existing Shareholders Sample Clauses

Treatment of Existing Shareholders. Existing shareholders non-participating to the Rights Issue will be massively diluted as a result of the above debt reduction (in excess of 99.9%) and of the debt-to-equity swap and the implementation of the capital increases referred to in this Term Sheet (subject to the exercise of any preferential subscription right or priority right and to the participation in the initial Rights Issue to raise New Money Equity (as described at section 3 below). 1 Flexibility on fronting arrangements in respect of Loans participations to be addressed
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Treatment of Existing Shareholders. (a) For purposes of calculating the pro rata share of each Existing Shareholder under this Section 3.2:
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Treatment of Existing Shareholders. At the Effective Time, and in accordance with the steps and sequence set forth in this Plan of Arrangement, if each of the Privatization Approval and the Privatization Orders is obtained and the DTC Removal is completed, the Existing Minority Common Shares shall be purchased for cancellation by Catalyst for the Cash Consideration. In the event that, as of the Effective Date, the Privatization Approval has been received but the Privatization Orders have not yet been issued and/or the DTC Removal has not been effectuated, the Cash Consideration shall be (i) deposited, in trust, with the Depositary and (ii) either (A) disbursed to the Existing Minority Shareholders as soon as practicable following receipt of the Privatization Orders and completion of the DTC Removal, in which case the Existing Minority Common Shares being repurchased under the Privatization Transaction shall then be cancelled, or
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Treatment of Existing Shareholders. In connection with or as a result of the Implementation of this Proposal, Existing Shareholders shall not be entitled to any payment or other compensation on account oftheir Equity Claims under this Proposal and shall not be entitled to vote on this Proposal at the Creditors' Meeting or in connection with the Reorganization and will have no dissent rights.
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Related to Treatment of Existing Shareholders

  • By Shareholders From and after the Closing Date, the Shareholders, --------------- jointly and severally, shall indemnify and hold harmless Buyer and its successors and assigns, and their respective officers, directors, employees, shareholders, agents, Affiliates and any Person who controls any of such Persons within the meaning of the Securities Act or the Exchange Act (each, a "Buyer Indemnified Party") from and against any liabilities, claims, demands, judgments, losses, costs, damages or expenses whatsoever (including reasonable attorneys', consultants' and other professional fees and disbursements of every kind, nature and description incurred by such Buyer Indemnified Party in connection therewith including consequential damages) (collectively, "Damages") that such Buyer Indemnified Party may sustain, suffer or incur and that result from, arise out of or relate to (a) any breach of any of the respective representations, warranties, covenants or agreements of any Shareholder contained in this Agreement or in the Closing Certificates, (b) any Environmental Condition existing on or before the Closing, and (c) any Liability of any Shareholder involving Taxes due and payable by, or imposed on the Company with respect to any Shareholder for any and all taxable periods ending on or prior to the Closing Date (whether or not such Taxes have been due and payable). Shareholder Indemnified Parties' obligations under this Section 10 are joint and several; provided that a Shareholder shall not be liable under this Agreement for an aggregate amount in excess of the portion of the Purchase Price received by such Shareholder minus any Taxes paid by such Shareholder on account of the Purchase Price; provided, further, that the Shareholders shall not have any obligation to indemnify Buyer from and against any Damages caused by the breach of any representation or warranty of the Shareholders contained in Section 3 until Buyer has suffered by reason of all such breaches Damages in excess of $50,000 in the aggregate (the "Deductible Amount"); at such time as to the total amount of such Damages exceeds the Deductible Amount in the aggregate, Buyer shall be entitled to indemnification against all Damages in excess of the Deductible Amount.

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