Examples of New Class B LLC Units in a sentence
Interests in the Senior Exit Facility may be transferred separately from loans under the Third Lien Exit Facility and the New Class A LLC Units and the New Class B LLC Units (defined below) following the Effective Date.
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.
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.
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.
In the event that a Liquidity Event is not consummated on or before the fifth (5th) anniversary of the Effective Date, the number of members of the Board of Directors shall be increased by one (1) and the then holders of New Class B LLC Units (but not any holders of New Class A LLC Units which have been converted into New Class B LLC Units) shall have the right to designate one (1) additional member of the Board of Directors (for a total of eight (8) members) with full voting privileges.
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.
Record Holders: The New Class B LLC Units will be issued pursuant to an exemptionfrom registration pursuant to Section 1145 of the Bankruptcy Code to either DTC or in book entry form to the DTC Trust Participants that own Senior Notes as of the record date for such distribution.
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Issuance: In addition to the Offering, on the Effective Date all of the Senior Notes shall be cancelled, and each Holder of Senior Notes shall receive, on account of its allowed claim in respect of such Senior Notes, such Holder’s pro rata share of the New Class B LLC Units.Post-Priority Return Participation Ratio:The New Class B LLC Units will receive dividends and distributions in accordance with the Participation Ratio described above.
Voting: The New Class B LLC Units will have 1 vote per share and will vote together with the New Class A LLC Units.