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.

• However, the Holder will be bound by the terms of the Exchange Offer and Consent Solicitation.

• 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 means the tender offer that the Financing Transaction requires the Company use its best efforts to successfully complete by December 31, 2008, or as may be extended. On July 23, 2008, the Company commenced the Exchange Offer and Consent Solicitation for all of its outstanding Preferred Stock. Pursuant to the Exchange Offer and Consent Solicitation, as amended, the Company is offering three shares of Common Stock for each share of Preferred Stock tendered and approximately 132 million shares of Common Stock in the aggregate.

Exchange Offer and Consent Solicitation means the Exchange Offer and Consent Solicitation, commencing as of April 29, 2019 relating to the 8.000% Senior Cash Pay Notes due 2021 (the “Cash Pay Notes”) and the 8.750%/9.500% Senior PIK Toggle Notes due 2021 (together with the Cash Pay Notes, the “Notes”), issued by the Issuers.

Exchange Offer and Consent Solicitation has the meaning set forth in the preamble hereof.

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 that certain Exchange Offer and Consent Solicitation consummated pursuant to that certain offering memorandum and consent solicitation dated [ ], 2003 pursuant to which the Old Notes and the Old Debentures were exchanged for the Notes and the New Debentures.

Exchange Offer and Consent Solicitation has the meaning ascribed to it in Section 2.01(b) of this Indenture.