Examples of Electing Class in a sentence
If we become aware of any jurisdiction where the making of this exchange offer is not in compliance with applicable law, we will make a good faith effort to comply with such law.
Subject to Sections 3.01(e) and 3.01(f), each Class A Share outstanding immediately prior to the Effective Time with respect to which a Form of Election has been properly made and not revoked pursuant to Section 3.01(d) (such Class A Shares with respect to which a Form of Election is duly made being referred to as "Electing Class A Shares") will, at the Effective Time, be converted into $18.50 in cash (the "Class A Cash Consideration").
The shares of Reorganized MPC Common Stock to be distributed to the Class 6C Interest Holders will only come from that portion of the Private Equity Issue which would otherwise be distributed to MPAC, and NOT from that portion of the Private Equity Issue to be distributed to any Electing Class 4 Creditor.
The cash purchase price for such redeemed Class A Units shall be the greater of (y) the fair market value of such Units (without discount for illiquidity, minority status or otherwise) as determined by a qualified third party agreed to in writing by a majority of the Electing Class A Unitholders and the Class B Holder and (z) the original per-Unit price for such Class A Units plus any unpaid Class A Preference thereon.
Subject to the Reserve, 100 % of the shares of Reorganized MPC Common Stock will be issued under the Private Equity Issue to MPAC, the Electing Class 4 Creditors, if any, and the Class 6C Interest Holders in accordance with the percentages attributable to them without any further action by the stockholders or directors of MPC.
On the Effective Date, Reorganized MPC will reserve sufficient Cash (or in the case of Electing Class 4 Creditors, Reorganized MPC Common Stock) from the Plan Consideration to be distributed to Holders of Disputed Claims of whatever category, Rejection Claims that are Unliquidated Claims as of the Effective Date, unpaid Administrative Claims and any other Claims that cannot, for any reason, be paid on the Effective Date.
The number of shares of Reorganized MPC Common Stock to be distributed to Electing Class 4 Creditors will, subject to the $27 million subscription limitation, be calculated by determining the Cash distribution that would be attributable to the Electing Class 4 Creditors, then determining the applicable percentage of the Private Equity Issue that would be attributable to such distribution.
An Electing Class 4 Creditor will be deemed to have received its distribution as of the Effective Date.
Notwithstanding the foregoing, in the event that the Put Right is exercised pursuant to Section 9.6, the Electing Class B Members shall receive a priority distribution of the Put Price prior to any additional distribution pursuant to Section 7.2(a) or Section 7.2(b) in proportion to their respective Class B Percentage Interests until the Put Price is distributed in full.
If the Plan Proponents do not make the Class 7 Cash Distribution available, each holder of an Allowed Class 7 Claim that elected to receive a Class 7 Cash Distribution (each, an "Electing Class 7 Creditor") will receive its Pro Rata portion of Reorganized DZ Units distributed to holders of Class 7 Claims under this Plan on, subject to Section 5.5(f), the Effective Date or, if such Claim becomes Allowed after the Effective Date, as soon as such Claim becomes Allowed.