Restructuring and Exchange Agreement Sample Contracts

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RESTRUCTURING AND EXCHANGE AGREEMENT August 31, 2007
Restructuring and Exchange Agreement • August 31st, 2007 • Spacehab Inc \Wa\ • Guided missiles & space vehicles & parts • New York

This Restructuring and Exchange Agreement (this “Restructuring Agreement”), dated as of August 31, 2007, is entered into by and among Spacehab, Incorporated, a Washington corporation (“Spacehab”), the undersigned holders of Spacehab’s 5.5% senior convertible notes due October 2010 (“Senior Notes”) (each such noteholder being a “Senior Noteholder Party” and all holders of the Senior Notes being “Senior Noteholders”), the undersigned holders of Spacehab’s 8% subordinated convertible notes due 2007 (“Junior Notes”) and together with the Senior Notes, the “Notes”) (each such noteholder being a “Junior Noteholder Party” and all holders of the Junior Notes being “Junior Noteholders”), Astrium GmbH (“Astrium”) who beneficially owns 1,333,334 shares of the preferred stock of Spacehab (the “Existing Preferred Stock” and together with the Notes, the “Existing Securities”) (such equity holder being an “Equity Holder”). The undersigned parties and any subsequent entity or individual, as applicable

COLLAGENEX PHARMACEUTICALS, INC. Restructuring and Exchange Agreement
Restructuring and Exchange Agreement • December 19th, 2005 • Collagenex Pharmaceuticals Inc • Pharmaceutical preparations • Delaware

This Restructuring and Exchange Agreement (this “Agreement”) is dated as of December 15, 2005, by and among CollaGenex Pharmaceuticals, Inc., a Delaware corporation (the “Company”) and the holders of outstanding Series D Cumulative Convertible Preferred Stock, $0.01 par value per share (the “Series D Preferred Stock”) of the Company set forth on the signature pages hereto (each a “Series D Holder” and collectively the “Series D Holders”).

RESTRUCTURING AND EXCHANGE AGREEMENT
Restructuring and Exchange Agreement • October 2nd, 2019 • Yuma Energy, Inc. • Crude petroleum & natural gas • Delaware
COLLAGENEX PHARMACEUTICALS, INC. Restructuring and Exchange Agreement
Restructuring and Exchange Agreement • December 21st, 2005 • Oaktree Capital Management LLC • Pharmaceutical preparations • Delaware

This Restructuring and Exchange Agreement (this “Agreement”) is dated as of December 15, 2005, by and among CollaGenex Pharmaceuticals, Inc., a Delaware corporation (the “Company”) and the holders of outstanding Series D Cumulative Convertible Preferred Stock, $0.01 par value per share (the “Series D Preferred Stock”) of the Company set forth on the signature pages hereto (each a “Series D Holder” and collectively the “Series D Holders”).

RESTRUCTURING AND EXCHANGE AGREEMENT BY AND AMONG XTANT MEDICAL HOLDINGS, INC., ORBIMED ROYALTY OPPORTUNITIES II, LP, AND ROS ACQUISITION OFFSHORE LP Dated as of August 7, 2020
Restructuring and Exchange Agreement • August 10th, 2020 • Xtant Medical Holdings, Inc. • Biological products, (no disgnostic substances) • New York

This RESTRUCTURING AND EXCHANGE AGREEMENT, dated as of August 7, 2020 (this “Agreement”), by and among: (i) Xtant Medical Holdings, Inc. (the “Company”); and (ii) OrbiMed Royalty Opportunities II, LP, as a lender under the Existing Credit Agreement (in such capacity, “OrbiMed”) and ROS Acquisition Offshore LP, as a lender under the Existing Credit Agreement (in such capacity, “ROS” and, together with OrbiMed, the “Lenders”). Each of the Company and the Lenders may hereinafter be referred to as a “Party” and collectively as the “Parties”. Capitalized terms that are used and are not otherwise defined herein have the meanings given to them in Section 1.1.

RESTRUCTURING AND EXCHANGE AGREEMENT BY AND AMONG XTANT MEDICAL HOLDINGS, INC., ORBIMED ROYALTY OPPORTUNITIES II, LP, ROS ACQUISITION OFFSHORE LP, AND THE CONSENTING NOTEHOLDERS PARTIES HERETO Dated as of January 11, 2018
Restructuring and Exchange Agreement • January 12th, 2018 • Xtant Medical Holdings, Inc. • Biological products, (no disgnostic substances) • New York

This RESTRUCTURING AND EXCHANGE AGREEMENT, dated as of January 11, 2018 (this “Agreement”), by and among: (i) Xtant Medical Holdings, Inc. (the “Company”); (ii) OrbiMed Royalty Opportunities II, LP (“OrbiMed”) and ROS Acquisition Offshore LP (“ROS” and, together with OrbiMed, the “Investors”); and (iii) the undersigned holders of Convertible Notes (as defined below) of the Company (each such holder, solely in its capacity as such a holder, a “Consenting Noteholder” and collectively the “Consenting Noteholders”). Each of the Company, the Investors and the Consenting Noteholders may hereinafter be referred to as a “Party” and collectively as the “Parties”. Capitalized terms that are used and are not otherwise defined herein have the meanings given to them in Section 1.1.

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