Examples of New HY Notes in a sentence
Exchange some or all of their Scheme Claims for New HY Notes at an exchange ratio of 1.02598x (e.g., $1,000 of Scheme Claims equal to $1,025.98 in New HY Notes) with new principal amounts, new maturity dates and new interest coupon schedules, as provided for in the terms of the New HY Notes and the New Indentures.
CVRs with a notional value equal to 7% of the aggregate principal amount of the New HY Notes to which that Scheme Creditor is entitled pursuant to Clause 15.1 (a)(i) above.
CVRs, with an aggregate amount of 7% of the aggregate principal amount of the New HY Notes to which such Scheme Creditor would be entitled pursuant to Clause 14.1(a)(i) above, each with an aggregate notional amount of $70 per CVR, separately tradable as a single instrument on terms as provided for in the CVR Agreement.
New HY Notes and Mandatorily Exchangeable Bonds shall be issuable only in denominations of US$1.00 and Scheme Creditors’ entitlement to New HY Notes or Mandatorily Exchangeable Bonds (as the case may be) will be rounded down to the nearest US$1.00.
In sanctioning this Hong Kong Scheme, the High Court has been appraised of the fact that the Company will rely on its ruling with respect to this Hong Kong Scheme for the Section 3(a)(10) exemption under the U.S. Securities Act of 1933, as amended, for the issuance of the New HY Notes in exchange for the Scheme Claims, subject to the sanction of the Hong Kong Scheme by the High Court.
In sanctioning this Cayman Scheme, the Grand Court has been appraised of the fact that the Company will rely on its ruling with respect to this Cayman Scheme for the Section 3(a)(10) exemption under the U.S. Securities Act of 1933, as amended, for the issuance of the New HY Notes in exchange for the Scheme Claims, subject to the sanction of this Cayman Scheme by the Grand Court.
The New HY Notes will be callable in 2016 and will be guaranteed by CEMEX México, S.A. de C.V., CEMEX España, S.A., CEMEX Corp., CEMEX Concretos, S.A. de C.V., Empresas Tolteca de México, S.A. de C.V., New Sunward Holding B.V. and the New Guarantors referred to below.
There will be priority allocation for tenders received within a 10 business day early tender period, and if, as a result of over-subscription due to tenders submitted during the early tender period, a tendering holder was not allocated at least 75% of its requested subscription to the New HY Notes, it will have the option to revoke its tender.
In the case of over-subscription, New HY Notes will be allocated pro rata, and the remaining balance of any subscription would be re-allocated to New Loans or New USPP Notes, as applicable.
Upon a declaration of acceleration, all Triggered Payments shall be immediately due and payable as an obligation that is pari passu with the Company’s obligations under the New HY Notes and the New Convertible Bonds.