Dividend Recapitalization definition
Examples of Dividend Recapitalization in a sentence
The Company shall notify the Holder in accordance with the terms of the Indenture if the Dividend Recapitalization Purchase Option is triggered.
The proceeds of the Initial Term Loans, together with (i) the proceeds of any Initial Revolving Borrowing will be used by the Borrower, directly or indirectly, to fund (i) the Existing Debt Refinancing, (ii) the Dividend Recapitalization and (iii) the Transaction Expenses.
No material Regulatory Approval was required to effectuate the Combination and the Dividend Recapitalization.
The Combination and the Dividend Recapitalization have been consummated prior to the date hereof in accordance with the terms and conditions set forth in the Contribution Agreement and the Credit Agreement.
Subject to the terms of the Indenture, the Dividend Recapitalization Purchase Price shall be payable on a date (the “Dividend Recapitalization Purchase Date”) designated by the Company but in no case later than 10 Business Days following the end of the period over which the Ninety-Day VWAP is calculated.
Subject to Section 6.2(a), the Dividend Recapitalization Purchase Price shall be payable on a date (the “DIVIDEND RECAPITALIZATION PURCHASE DATE”) designated by the Company but in no case later than ten (10) Business Days following the end of the period over which the Ninety-Day VWAP is calculated.
In addition, at the request of the Company in connection with a Dividend Recapitalization, Parent shall cooperate in good faith to consider alternative structures for the transactions contemplated by this Agreement in order for the transactions to qualify as a reorganization described in Section 368(a)(1)(A) of the Code, including by converting Merger Sub II into a limited liability company treated as a disregarded entity for U.S. federal income tax purposes.
Such Dividend Recapitalization Purchase Price shall be paid to such Holder promptly following the later of (i) the Dividend Recapitalization Purchase Date with respect to such Security (provided such Holder has satisfied the conditions in Section 6.1(c)) and (ii) the time of delivery of such Security to the Paying Agent by the Holder thereof in the manner required by Section 6.1(c).
The Paying Agent shall promptly notify the Company of the receipt by it of any Dividend Recapitalization Purchase Notice or written notice of withdrawal thereof.
If, following a Dividend Recapitalization of the Company, the Ninety-Day VWAP falls below US$30, the Holder will have a one-time option to put all of the Note (if then outstanding) to the Company in exchange for the payment in cash of the entire outstanding Principal balance of the Note and accrued and unpaid Interest thereon, payable within five (5) business days following the Dividend Recapitalization Effective Date (the “Dividend Recapitalization Option”).