Examples of New Equity Parties in a sentence
All or a portion of the Rights Offering may be backstopped by the New Equity Parties on the terms and subject to the conditions set forth in the New Equity Agreement, if any.
Before the Effective Date, the Debtors may enter into the New Equity Agreement providing for the sale to or backstop from the New Equity Parties for the Rights Offering Equity, if any.
However, there can be no assurance that the IRS will agree with this treatment, and the IRS may assert that the initial exchange and the exercise of Rights pursuant to the Rights Offering (and potentially also the backstop from the New Equity Parties) should be combined as a single transaction, which may restrict U.S. Holders’ ability to claim a loss with respect to any unexercised Rights.
This summary does not discuss differences in tax consequences to holders of Claims that act as New Equity Parties or otherwise act or receive consideration in a capacity other than any other holder of a Claim of the same Class or Classes, and the tax consequences for such holders may differ materially from that described below.
Before the Effective Date, the Debtors may enter into the New Equity Agreement, in form and substance acceptable to the Required Consenting Creditors (such consent not to be unreasonably withheld), providing for the sale to or backstop from the New Equity Parties for the Rights Offering Equity.
Except as otherwise agreed by the Debtors and the New Equity Parties, if any, each Holder of a Second Lien Note Claim or a General Unsecured Claim may receive its Pro Rata share (across both classes combined) of Rights under the Plan.
Before the Effective Date, the Debtors may enter into the New Equity Agreement providing for the sale to or backstop from the New Equity Parties for the Rights Offering Equity, which will be in form and substance consented to by the Required Consenting Creditors (such consent not to be unreasonably withheld).