Exchange Common Shares definition

Exchange Common Shares means the Common Shares issuable or deliverable to the Investors upon exchange and/or exercise of the Purchased Securities in accordance with the Exchange Agreement and the LLC Agreement or the terms of the Warrant Certificate, as applicable;

Exchange Common Shares has the meaning given to that term in Section 2.1(a);

Exchange Common Shares means the New Common Shares to be issuable by Reorganized Holdings on the Effective Date and distributable to Holders of Non-Rolled-Up Prepetition Terms Loans, which, collectively, shall constitute one-hundred percent (100%) of the issuable New Common Shares as of the Effective Date, subject to dilution by any shares of New Common Shares issuable (x) upon exercise of the Convertible 2L Debt and (y) on account of the Management Incentive Plan.

Examples of Exchange Common Shares in a sentence

• On the Effective Date, Reorganized Holdings and all the Holders of the Exchange Common Shares and New Warrants shall be deemed to be parties to the Amended Organizational Documents, substantially in the form contained in the Plan Supplement, without the need for execution by any such Holder.

• On the Effective Date, 10% of the New Common Shares on a fully diluted basis shall be reserved for issuance as grants of stock, warrants, options, or other Equity Securities in connection with the Reorganized Debtors’ Management Incentive Plan (such reserve, the “MIP Pool”), and issuances of the New Common Shares in respect thereof will dilute the Exchange Common Shares issued on the Effective Date.

• Until such time as the Investor ceases to own any Securities of the Company or an Affiliate of the Company acquired pursuant to this Agreement, including any Exchange Common Shares, the Company shall continue to maintain and implement its comprehensive written policy (the “U.S. Lobbying Policy”) on lobbying, governmental ethics and political activity and distribute such U.S. Lobbying Policy to all Company employees and lobbying firms involved in any such activity.

• Following the effectiveness of an amendment to the Charter effecting the approval of the Stockholder Proposal but no later than the issuance by the Company to the Investor of the Exchange Common Shares, the Company shall deliver to the Investor a customary legal opinion from counsel to the Company, addressed to the Investor, covering the due and valid issuance of such securities; provided that the failure to deliver such legal opinion shall not affect the Company’s obligation to deliver such securities.

• The Investor acknowledges that the Exchange Securities, Exchange Common Shares, Warrant and Warrant Shares have not been registered under the Securities Act or under any state securities laws.

More Definitions of Exchange Common Shares

Exchange Common Shares means the Common Shares issuable or deliverable to the Investors upon exchange of the Purchased Series B Preferred Shares;

Exchange Common Shares has the meaning given to that term in the LLC Agreement;

Exchange Common Shares has the meaning set forth in Section 4.17(d)(ii).

Exchange Common Shares means 534,900 shares of Common Stock, which represent (i) the number of whole shares of Common Stock the issuance of which would result in an increase in the issued and outstanding Common Stock or voting power of the Company as of the date hereof equal to 5% (with any resulting fraction of a share being rounded down to the nearest whole share) minus (ii) 43.

Exchange Common Shares means the New Common Shares to be issuable by Reorganized Holdings on the Effective Date and distributable to (a) Holders of Allowed Prepetition First Lien Claims, (b) Holders of Allowed General Unsecured Claims (prior to accounting for the Class 5 Equity Cash Out Option), and (c) Holders of AllowedEquity Interests in Holdings (if applicable), in each case, in accordance with the terms of the Plan and consistent with the Restructuring Support Agreement, and which, collectively, shall constitute one-hundred percent (100%) of the issuable New Common Shares as of the Effective Date, subject to dilution by any shares of New Common Shares issuable (x) upon exercise of the New Warrants and (y) on account of the Management Incentive Plan; provided, however, the aggregate number of Exchange Common Shares to be distributed to Holders of Allowed General Unsecured Claims is subject to reduction on account of participation in the Class 5 Equity Cash Out Option and such reduced aggregate number of Exchange Common Shares shall constitute one-hundred percent (100%) of the New Common Shares (prior to any New Common Shares issued upon exercise of the New Warrants or on account of the Management Incentive Plan).

Exchange Common Shares means the New Common Shares to be issuable by RT Asset Company on the Effective Date that shall be distributable solely to each Holder of the Allowed Subclass 3B Claims and each Holder of the Allowed Subclass 3A Claims in respect of the GS Adjustment Equity in the percentages set forth in this Plan of the aggregate amount of such shares set forth in this Plan. For clarity, Exchange Common Shares do not include New Common Shares that may be or become issuable under the MIP, for any exercised Warrants or as otherwise permitted pursuant to the Amended Organizational Documents.

Exchange Common Shares means the New Common Shares to be issuable