Examples of New Equity Interest in a sentence
The New Stockholders Agreement shall be binding on all Persons receiving, and all Holders of, the New Equity Interests (and their respective successors and assigns), whether such New Equity Interest is received or to be received on or after the Effective Date and regardless of whether such Person executes or delivers a signature page to the New Stockholders Agreement.
The New Stockholders Agreement shall be binding on all Persons or Entities receiving, and all Holders of, the New Equity Interests (and their respective successors and assigns), whether such New Equity Interest is received or to be received on or after the Effective Date and regardless of whether such Person or Entity executes or delivers a signature page to the New Stockholders Agreement.
On the Effective Date, the New Equity Interest shall be issued to the Plan Trustee, free and clear of all Liens, Claims, interests and encumbrances.
The New Governance Documents, as applicable, shall be binding on all Persons receiving, and all holders of, the New Equity Interests (and their respective successors and assigns), whether any such New Equity Interest is received or to be received on or after the Effective Date and regardless of whether such Person executes or delivers a signature page to the New Governance Documents.
In the case of a taxable exchange, a U.S. holder’s tax basis in the New Equity Interest received in respect of its Prepetition Lender Secured Claims on the Effective Date should equal the issue price of the fair market value of the New Equity Interest on the Effective Date.
In general, to the extent that the exchange of the Prepetition Lender Secured Claims is a fully taxable exchange, the exchanging U.S. holder should recognize gain or loss in an amount equal to the difference, if any, between (i) the sum of the fair market value of the New Equity Interest and (ii) the U.S. holder’s adjusted tax basis in the portion of the Prepetition Lender Secured Claims exchanged therefor (other than any tax basis attributable to accrued but unpaid interest and possibly accrued OID).
Any New Equity Interest that is not distributed in accordance with Section 6.14 of the Plan shall be returned to, and ownership thereof shall vest in, Reorganized LBI Parent.
A U.S. holder’s holding period in the New Equity Interest received will include its holding period in the loan underlying the Prepetition Lender Secured Claims exchanged therefor, except to the extent of any exchange consideration received in respect of accrued but unpaid interest and possibly accrued original issue discount (“OID”).
Accordingly, recipients will be able to resell the New Equity Interest without registration under the Securities Act or other federal securities laws, unless the recipient is an “underwriter” with respect to such securities, within the meaning of section 1145(b) of the Bankruptcy Code.
In a reorganization exchange, the U.S. holder’s aggregate tax basis in the New Equity Interest received will equal such U.S. holder’s aggregate adjusted tax basis in the Prepetition Lender Secured Claims exchanged therefor, increased by any gain or interest income recognized in the exchange, and decreased by any deductions claimed in respect of any previously accrued but unpaid interest and the amount of any cash received.