New Common Stock definition
Examples of New Common Stock in a sentence
Management Incentive Plan On the Effective Date, the Reorganized Company shall adopt a management incentive plan (the “MIP”), which shall reserve 10% of the New Common Stock (the “MIP Equity”), on a fully diluted basis.
The Exit Notes shall be mandatorily convertible into New Common Stock upon any merger, acquisition, disposition, consolidation, or business combination involving all or substantially all of the Company Parties’ equity, assets, or businesses, in each case, whether in a single transaction or a series of related transactions (each, an “M&A Transaction”).
On the Effective Date, or as soon as reasonably practicable thereafter, each holder of a 2029 Secured Claim shall receive its pro rata share of (a) the Exit Notes, and (b) the New Common Stock and/or Special Warrants, which New Common Stock (inclusive of the shares issuable upon the full exercise of the Special Warrants), will constitute, in the aggregate, 95% of the New Common Stock issued on the Effective Date, subject to dilution on account of the MIP Equity.
The New Common Stock issued under a conversion of the Exit Convertible Notes shall dilute all then-existing equity.