Examples of Exchange Offer Consummation Date in a sentence
If New Second Lien Notes are issued prior to the Exchange Offer Consummation Date in an Escrowed Offering, the gross proceeds of the offering will be deposited into a segregated escrow account (the “Escrow Account”).
On or prior to the Exchange Offer Consummation Date, the Company may execute and deliver to the Trustee, and upon delivery of a Company Order to the Trustee in accordance with the provisions of Section 2.4 of the Original Indenture, the Trustee shall authenticate and deliver the Bonds Due 2013, Series A to be issued in connection with the Exchange Offer.
The Company will maintain, as of the end of each fiscal quarter of the Company, commencing with the first full fiscal quarter ended after the Exchange Offer Consummation Date, a ratio (expressed as a percentage) of Total Funded Debt to Total Capital of (i) no greater than 45% during the period from the first day of such first full fiscal quarter through December 31, 1998, and (ii) at any time from January 1, 1999, until final maturity, no greater than 40%.
On or prior to the Exchange Offer Consummation Date, the Company may execute and deliver to the Trustee, and upon delivery of a Company Order to the Trustee in accordance with the provisions of Section 2.4 of the Original Indenture, the Trustee shall authenticate and deliver the Bonds Due 2007, Series A to be issued in connection with the Exchange Offer.
The Company will not permit the Interest Coverage Ratio as of the end of each fiscal quarter of the Company, commencing with the first full fiscal quarter ended after the Exchange Offer Consummation Date, to be less than 3:00 to 1:00.
On or prior to the Exchange Offer Consummation Date, the Company may execute and deliver to the Trustee, and upon delivery of a Company Order to the Trustee in accordance with the provisions of Section 2.4 of the Original Indenture, the Trustee shall authenticate and deliver the Notes Due 2002, Series A to be issued in connection with the Exchange Offer.
Except as described on Schedule 5.16 to the Existing Credit Agreement, none of the Material Subsidiaries of the Company, as of the Exchange Offer Consummation Date, had outstanding any securities convertible into or exchangeable for its capital stock or outstanding any rights to subscribe for or to purchase, or any options for the purchase of, or any agreement providing for the issuance (contingent or otherwise) of its capital stock.
Except as expressly permitted herein, the Company, its Subsidiaries and any SPVs will not engage in any line of business other than the (i) contract drilling business, (ii) any hydrocarbon exploration services or hydrocarbon development services business, (iii) on and after the Exchange Offer Consummation Date, any then existing business of Transocean or any of its Subsidiaries or (iv) any related business (each a "Permitted Business").
The Commitment Letter shall not require the Ad Hoc Committee of Unsecured Noteholders signatories to such Commitment Letter to purchase the New Second Lien Notes prior to the Exchange Offer Consummation Date; provided that, no later than the third business day prior to such purchase date, each such signatory shall confirm in writing the availability of funds to cover such signatory’s pro rata portion of the principal amount of New Second Lien Notes.
For the avoidance of doubt, this Commitment Letter shall not require Non-Sponsor Backstop Parties to purchase the New Second Lien Notes prior to the Exchange Offer Consummation Date; provided that, no later than the third business day prior to such purchase date, each such Non-Sponsor Backstop Party shall confirm in writing the availability of funds to cover such Non-Sponsor Backstop Party’s pro rata portion of the principal amount of New Second Lien Notes.