Examples of New Arcapita Topco in a sentence
The New Arcapita Class A Shares are redeemable in such number of installments as the board of directors of New Arcapita Topco may determine, pro rata, with the payment of the Liquidation Preference.
As provided in the Implementation Memorandum, New Arcapita Topco will be a newly formed Cayman Islands entity which will be the ultimate top-tier New Holding Company.
The Plan proposes to establish a new Cayman Islands holding company (“New Arcapita Topco”) which will own and control a series of newly formed intermediate Cayman Islands, Delaware and potentially Bahraini holding company subsidiaries (collectively with New Arcapita Topco, the “New Holding Companies”).
In exchange for their Allowed Claims, the majority of the Debtors’ unsecured creditors (as described more fully below) will receive a Pro Rata Share of a new Shari’ah compliant Sukuk facility (the “Sukuk Facility”), which will be on the terms described below and in the Exhibits attached hereto, substantially all of the equity of the New Holding Companies and certain warrants issued by New Arcapita Topco (as defined below).
The New Arcapita AIHL Class A Shares and New Arcapita Bank Class A Shares will have identical terms, other than with respect to voting control related to the selection of directors to the New Board of New Arcapita Topco.
Each distribution and issuance of New Arcapita Shares and New Arcapita Warrants pursuant to the Plan will be governed by applicable Cayman Islands law and the New Governing Documents of New Arcapita Topco, 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 will bind each Person receiving such distribution or issuance.
The New Arcapita Shareholder Warrants (together with the New Arcapita Creditor Warrants, the “New Arcapita Warrants”), if issued, will be issued by New Arcapita Topco and distributed to Holders of Allowed Subordinated Claims against Arcapita Bank and Transferring Shareholders.
The New Arcapita Ordinary Shares will be ordinary shares issued by New Arcapita Topco which will rank junior to the New Arcapita Class A Shares.
The New Arcapita Ordinary Shares are subject to dilution and adjustment from time to time upon the exercise of the New Arcapita Creditor Warrants and the New Arcapita Shareholder Warrants (if issued) occurring after the Effective Date.The New Arcapita Creditor Warrants issued by New Arcapita Topco will be distributed to Holders of Allowed General Unsecured Claims, Allowed Syndicated Facility Claims and Allowed Arcsukuk Claims against AIHL.
Upon the exercise of the New Arcapita Creditor Warrants, the Allowed Creditors of Arcapita Bank who are not the beneficiaries of a guarantee from AIHL, on the one hand, and the Allowed Creditors of AIHL, on the other hand, will each own, in the aggregate, 50% of the then outstanding equity in New Arcapita Topco.