Hercules Acquisition definition

Hercules Acquisition means, the merger of ATD Merger Sub II LLC, a Delaware limited liability company and wholly-owned Subsidiary of the Borrower, with and into Hercules Holdings and the subsequent merger of Hercules Holdings with and into the Borrower, with the Borrower as the surviving legal entity of such merger.
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Hercules Acquisition means the direct or indirect acquisition by Borrower of substantially all of the assets (other than Excluded Assets (as defined in the Hercules Acquisition Agreement)) of Hi-Crush Inc., a Delaware corporation, in accordance with the terms of the Hercules Acquisition Agreement.
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Hercules Acquisition the direct or indirect Acquisition by the Company of substantially all of the assets (other than Excluded Assets (as defined in the Hercules Acquisition Agreement)) of Hi-Crush Inc., a Delaware corporation, in accordance with the terms of the Hercules Acquisition Agreement. Hercules Acquisition Agreement: that certain Agreement and Plan of Merger dated as of the First Amendment Effective Date, among Atlas Energy Solutions, Inc., the Company, certain Subsidiaries of the Company, Hi-Crush Inc., the stockholders of Hi-Crush Inc. and the other Persons named therein.
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Examples of Hercules Acquisition in a sentence

  • On the date hereof, Parent, Hercules Acquisition Corporation (“Merger Sub”) and HCA Inc.

  • Authorship...........................................................55 AGREEMENT AND PLAN OF MERGER This AGREEMENT AND PLAN OF MERGER (this "Agreement") is made and entered into as of this 24th day of July, 2006 by and among HCA Inc., a Delaware corporation (the "Company"), Hercules Holding II, LLC, a Delaware limited liability company ("Parent") and Hercules Acquisition Corporation, a Delaware corporation and a direct wholly owned subsidiary of Parent ("Merger Sub").

  • Proceeds of the Additional Delayed Draw Term Loan will be used by Borrower to consummate the Hercules Acquisition, including the payment of fees and expenses incurred in connection therewith and with the First Amendment.

  • The Administrative Agent shall have received fully-executed copies of (i) the Hercules Seller Note and (ii) the Hercules Seller Mortgage, which in each case shall be substantially in the forms attached as exhibits to the Hercules Acquisition Agreement (or otherwise in form and substance reasonably satisfactory to the Initial Lender).

  • Capitalized terms used but not defined herein have the meanings ascribed to them in the Agreement and Plan of Merger, dated as of July 24, 2006 (as it may be amended from time to time), by and among Parent, Hercules Acquisition Corporation and HCA Inc.

  • Notwithstanding the foregoing, no more than $50,000,000 of Loans may be outstanding on the date the Hercules Acquisition is consummated (and, if applicable, Borrowers shall prepay the outstanding Loans such that the aggregate principal amount of Loans does not exceed $50,000,000 on the date the Hercules Acquisition is consummated).

  • The Hercules Acquisition shall have been consummated, or shall be consummated substantially concurrently with the Additional Delayed Draw Funding Date, in all material respects in accordance with the terms of the Hercules Acquisition Documents, without amendment, modification or waiver thereof or consent thereunder that could reasonably be expected to be material and adverse to the interests of the Administrative Agent and the Lenders, except as consented to in writing by the Administrative Agent.

  • Hercules Holding II, LLC (“Parent”) is party to an Agreement and Plan of Merger dated as of July 24, 2006 (the “Merger Agreement”), by and among HCA Inc., Parent and Hercules Acquisition Corporation pursuant to which, at the Effective Time (as defined in the Merger Agreement) Hercules Acquisition Corporation will be merged with and into HCA, Inc.

Related to Hercules Acquisition

  • Company Acquisition means any of the following transactions (other than the transactions contemplated by this Agreement): (i) a merger, consolidation, business combination, recapitalization, liquidation, dissolution or similar transaction involving the Company pursuant to which 50 the stockholders of the Company immediately preceding such transaction hold less than 65% of the aggregate equity interests in the surviving or resulting entity of such transaction, (ii) a sale or other disposition by the Company of assets representing in excess of 35% of the aggregate fair market value of the Company's business immediately prior to such sale or (iii) the acquisition by any person or group (including by way of a tender offer or an exchange offer or issuance by the Company), directly or indirectly, of beneficial ownership or a right to acquire beneficial ownership of shares representing in excess of 35% of the voting power of the then outstanding shares of capital stock of the Company.

  • Stock Acquisition means the purchase or other acquisition by a Person or its Subsidiaries of all or substantially all of the Stock of any other Person.

  • Shares Acquisition Date means the first date of public announcement by the Company or an Acquiring Person that an Acquiring Person has become such.

  • Company Acquisition Agreement has the meaning set forth in Section 5.04(a).

  • Hostile Acquisition means (a) the acquisition of the Equity Interests of a Person through a tender offer or similar solicitation of the owners of such Equity Interests which has not been approved (prior to such acquisition) by the board of directors (or any other applicable governing body) of such Person or by similar action if such Person is not a corporation and (b) any such acquisition as to which such approval has been withdrawn.