Examples of Holdco Equity in a sentence
Upon the occurrence of (a) the Effective Date and (b) the Liquidating Trustee providing written notice pursuant to the Assignment Agreement, the HoldCo Assets and / or the HoldCo Equity Interests (as determined by the Liquidating Trustee in its discretion) shall be transferred to and vest in the Fund A – Uncovered Claims Fund within the Liquidating Trust and be deemed contributed thereto, subject to the terms of the Plan and Assignment Agreement.
On July 1, 2021, the Debtor filed the Voting Declaration, which certifies in accordance with the voting tabulation procedures approved by the Disclosure Statement Order that the holders of Claims in Class 1 (Prepetition Lender Claims), Class 4 (Other General Unsecured Claims), Class 5 (Customer Claims), Class 6 (Intercompany Claims) and Class 7 (HoldCo Equity Interests) are impaired under the Plan and have voted to accept the Plan in the numbers and amounts required by section 1126 of the Bankruptcy Code.
New HoldCo Equity Awards (See page 124) In connection with the mergers, and prior to the effective time, HoldCo will adopt the Xperi Corporation 2020 Equity Incentive Plan, which we refer to as the HoldCo Equity Incentive Plan.
Entry of this Confirmation Order shall constitute approval of the Sale Transaction, the Transaction Agreement, the Plan Support Agreement, the Operating Agreement, the HoldCo/NewCo Documentation, and the issuance and distribution of HoldCo Equity pursuant to the Plan.
The issuance of HoldCo Equity to Murray pursuant to the Transaction Agreement is expected to be exempt from registration under the Securities Act and any other applicable securities laws as a private placement by HoldCo under section 4(a)(2) of the Securities Act or any other applicable exemptions.
Each distribution and issuance of HoldCo Equity pursuant to the Plan shall be governed by the terms and conditions set forth in the Plan applicable to such distribution or issuance and by the terms and conditions of the instruments evidencing or relating to such distribution or issuance, which terms and conditions shall bind each Entity receiving such distribution or issuance.
No awards may be granted under the HoldCo Equity Incentive Plan prior to the effective time.
Distributions of HoldCo Equity will be made only through broker accounts via electronic issuance and HoldCo will not issue separate stock certificates.
The issuance of the HoldCo Equity is an essential element of the Plan, and is in the best interests of the Debtors, their Estates, and all Holders of Claims.
Each share of HoldCo Equity issued pursuant to the Plan shall be duly authorized, validly issued, fully paid, and non-assessable.