Exchange Offer and Consent Solicitation definition

Exchange Offer and Consent Solicitation means a series of transactions in which the Company will (i) exchange the Notes and New Warrants for the Old Senior Secured Notes, (ii) exchange the New 2019 Convertible Notes for the Company’s 7 3/4% Senior Notes due 2019, (iii) exchange the New 2020 Convertible Notes for the Company’s 9 1/2% Senior Notes due 2020 and (iv) solicit the consent of the holders of the Old Senior Secured Notes and Old Unsecured Notes for certain amendments to the Old Indentures, including amendments to eliminate or amend certain restrictive covenants contained in the Old Indentures and release the collateral securing the Old Senior Secured Notes and, to the extent necessary, approve the appointment of American Stock Transfer & Trust Company, LLC as trustee under the Old Indentures.
Exchange Offer and Consent Solicitation has the meaning set forth in the Recitals.
Exchange Offer and Consent Solicitation means the Exchange Offer and Consent Solicitation, commencing as of April 29, 2019 relating to the Unsecured Notes, issued by the Issuers.

Examples of Exchange Offer and Consent Solicitation in a sentence

  • Holders who wish to exercise their right of withdrawal with respect to the Exchange Offer and Consent Solicitation must give written notice of withdrawal.

  • The Holder’s notice of withdrawal must comply with the requirements set forth in the Exchange Offer and Consent Solicitation.

  • The Company’s interpretation of the terms of conditions of the Exchange Offer and Consent Solicitation will be final and binding.

  • Failure to complete the Substitute Form W-9 will not, by itself, cause shares of Preferred Stock to be deemed invalidly tendered, but may require the Exchange Agent to withhold a portion of the amount of any payments made pursuant to the Exchange Offer and Consent Solicitation.

  • Subject to the applicable rules and regulations of the Securities and Exchange Commission, the Company reserves the right to waive certain conditions enumerated in the Exchange Offer and Consent Solicitation.


More Definitions of Exchange Offer and Consent Solicitation

Exchange Offer and Consent Solicitation means that certain offer and consent solicitation made by the Authority to holders of the 9 ¾% Notes to (x) exchange up to $200.0 million of the 9 ¾% Notes for Senior Notes to be issued by the Authority and (y) consent to the proposed amendments to the Original Indenture.
Exchange Offer and Consent Solicitation has the meaning set forth in the preamble hereof.
Exchange Offer and Consent Solicitation means the exchange offer and consent solicitation contemplated by the Offering Memorandum and Consent Solicitation Statement of the Company, dated March 3, 2003, as the same may be modified, supplemented and/or amended from time to time.
Exchange Offer and Consent Solicitation means the exchange offer and concurrent consent solicitation by SESI pursuant to the Offering Memorandum.
Exchange Offer and Consent Solicitation means (a) the exchange of the Senior Unsecured Notes (other than the DHC Notes) for (i) $120,000,000 in aggregate principal amount of New Senior Unsecured Notes, (ii) $116,507,000 in aggregate principal amount of Subordinated PIK Notes, (iii) up to $20,000,000 in aggregate principal amount of New Senior Unsecured Notes in full satisfaction of up to $20,000,000 of accrued and unpaid interest owing in respect of the Senior Unsecured Notes (other than the DHC Notes) and (iv) to the extent that the accrued and unpaid interest described in clause (iii) exceeds $20,000,000, Subordinated PIK Notes having an aggregate principal amount equal to such excess amount in full satisfaction of such accrued and unpaid interest, and (b) the consent by holders of the Senior Unsecured Notes to amendments to the indenture governing the Senior Unsecured Notes, each of (a) and (b) to be effected through an exchange offer and consent solicitation by the Borrower pursuant to Section 3(a)(9) of the Securities Act of 1933, as amended.
Exchange Offer and Consent Solicitation has the meaning ascribed to it in Section 2.01(b) of this Indenture.
Exchange Offer and Consent Solicitation means the Exchange Offer and Consent Solicitation pertaining to the Old Notes and the Old Debentures which was consummated on [__], 2003.