Examples of New Class A LLC Units in a sentence
Right of first refusal, in favor of the Participating Consortium Noteholders, Fidelity/Newport and Sciens, overproposed transfers of the New Class A LLC Units and the New Class B LLC Units, such right of first refusal to cease to apply if New Class A LLC Units or New Class B LLC Units are registered as provided below.
Asset sale or a series of asset sales generating proceeds that are distributed to the holders of New Class A LLC Units in the aggregate of at least the then outstanding Priority Return in excess of funded debt.
The Management Incentive Plan Securities shall dilute the New Class A LLC Units (including any New Class A LLC Units issued upon the exercise of any New Second Lien Warrants) and the New Series P Convertible Preferred Units to be issued pursuant to the Plan.
For purposes of this section, registrable securities include the New Class A LLC Units and New Class B LLC Units issued in connection with the transactions contemplated hereby.
In the second step, there will be an adjustment mechanism in which the total pool of outstanding Class B Warrants will be further adjusted such that the total number of Class B Warrants remaining represents 22.5% ownership of the New Series P Convertible Preferred Units (plus any New Class A LLC Units for which New Series P Convertible Preferred Units have been converted into already) (fully diluted) prior to taking into account Management Incentive Plan Securities.
Voting: New Class A LLC Units will have 100 votes per unit and will vote together as a single class with the New Class B LLC Units.
All Subscription Payment Amounts retained by the Reorganized Debtors pursuant to Section 7.9(e) hereof shall be transferred to and held in a segregated and restricted account of New CORE Holdings free and clear of any lien, claim or encumbrance until utilized as set forth in the Plan and the New CORE Holdings LLC Agreement, or until the New Series P Convertible Preferred Units are converted into New Class A LLC Units, as described in the New CORE Holdings LLC Agreement.
Management Incentive Plan: On or after the Effective Date, the New Board shall adopt a Management Incentive Plan to provide for up to 12.5% of the outstanding New Class A LLC Units of New CORE Holdings, on a fully diluted basis, in the form of initial options exercisable at a $1.51 strike price and future options to be issued at fair market value, to be reserved for issuance to management of the Reorganized Debtors as determined by the New Board.
It is beyond the scope of this project to precisely estimate the costs associated with MMV, but the Assessment Paper provides a very useful discussion and additional scenario analysis, which points to the impact such costs could have on the benefit-cost ratios.
The New Class A LLC Units will be issued to Eligible Holders as part of the units offering pursuant to an exemption from registration pursuant to Section 4(a)(2) of the Securities Act.