Emergence Transactions definition
Examples of Emergence Transactions in a sentence
The consummation of the Emergence Transactions will not give rise to any right of termination or right of renegotiation on the part of any union under any collective bargaining agreement to which the Borrower or any Subsidiary is bound, except for such rights of termination or renegotiation, which, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.
The proceeds of the Revolving Loans on the Effective Date will be used to pay upfront fees, original issue discount and other fees and expenses incurred in connection with the Emergence Transactions in an amount not to exceed $10.0 million.
The Emergence Transactions entered into and to be entered into by each Loan Party are within such Loan Party’s corporate powers and have been duly authorized by all necessary corporate and, if required, stockholder action.
Corporate Counsel for the Borrower, in the case of each such opinion required by this paragraph, covering such matters relating to the Loan Parties, the Loan Documents and the Emergence Transactions as the Administrative Agent or the Required Lenders shall reasonably request and reasonably satisfactory in form and substance to the Administrative Agent.
After giving effect to the Emergence Transactions, on the Closing Date (i) 10,000,000 membership interests of the Guarantor (the "New Common Equity") will be issued and outstanding and (ii) 1,000 shares of common stock of the Borrower will be issued and outstanding, and each will be owned by such persons and to such extent as set forth on Schedule 3.08(a).