New Series A Preferred Stock definition

New Series A Preferred Stock means, collectively, the 2,500,000 shares of 4.0% series A convertible preferred stock, $0.01 par value per share, of New Dana Holdco, authorized pursuant to the certificate of incorporation (or comparable constituent documents) and certificate of designations of New Dana Holdco, the terms of which shall not be altered in any material manner without the reasonable consent of the Creditors’ Committee and the Ad Hoc Steering Committee and; provided, however, that the number of shares authorized may not be increased without the consent of the Creditors’ Committee and the Ad Hoc Steering Committee.

New Series A Preferred Stock means, collectively, the 2,500,0000 shares of 4.0% series A convertible preferred stock, $0.01 par value per share, of New Dana Holdco, authorized pursuant to the certificate of incorporation (or comparable constituent documents) and certificate of designations of New Dana Holdco.

New Series A Preferred Stock means the Series A Preferred Stock, par value $.001 per share, of the Company to be issued as part of the Recapitalization.

Examples of New Series A Preferred Stock in a sentence

• Pursuant to the terms of the SWE&C Liquidating Trust Agreement, the SWINC Plan Administrator Agreement and the securities themselves, the SWE&C Liquidating Trustee and the SWINC Plan Administrator have agreed not to transfer or otherwise dispose of the Reorganized SWINC New Common Stock, the Reorganized SWINC New Series A Preferred Stock and the Reorganized SWINC New Series B Preferred Stock, respectively.

• The issuance of Reorganized SWINC New Common Stock, Reorganized SWINC New Series A Preferred Stock and Reorganized SWINC New Series B Preferred Stock shall be exempt from registration under applicable securities laws pursuant to Section 4(2) of the Securities Act.

• Except as to the liquidation preference, the Reorganized SWINC New Series A Preferred Stock and Reorganized SWINC New Series B Preferred Stock rank equally.

• After the date that is 18 months following the most recent date of issuance of the New Series A Preferred Stock, the outstanding New Series A Preferred Stock shall be automatically converted into Common Stock at the applicable Series A Conversion Price then in effect on the date on which the Volume-Weighted Average Price of the Corporation’s Common Stock for the immediately preceding sixty (60) consecutive trading days exceeds four (4) times the applicable Series A Conversion Price.

• At the expiration of the three-year term, in a manner specified in the Warrant Agreement, the Warrant Agent shall nominate two individuals to continue to serve as the Series A Directors pursuant to the terms of the New Series A Preferred Stock.

More Definitions of New Series A Preferred Stock

New Series A Preferred Stock means the Company's Series A Convertible Participating Preferred Stock, $0.001 par value per share, having the rights, privileges and preferences set forth in the Restated Charter.

New Series A Preferred Stock means the Series A Preferred Shares, par value $0.01 per share, of Atom New Delaware, as reflected in the New Certificate of Incorporation.

New Series A Preferred Stock has the meaning set forth in Section 7.11 hereof.

New Series A Preferred Stock means shares of the applicable New

New Series A Preferred Stock means shares of the applicable New Equity Issuer’s Series A Preferred Stock issued on the Effective Date, with a face amount and a liquidation value as of the Effective Date equal to 102% of the sum of (1) the amount, as of the Effective Date, of Incremental Tranche B DIP Accordion Claims, net of amounts paid or payable in Cash in accordance with the Plan, and (2) the New Series A Preferred Stock Investment Amount. The issuance of the New Series A Preferred Stock shall be funded through (A) with respect to the amount described in clause (1) of the preceding sentence, the conversion of the Incremental Tranche B DIP Accordion Claims, net of amounts paid or payable in Cash in accordance with the Plan, into shares of New Series A Preferred Stock, and (B) with respect to the amount described in clause (2) of the preceding sentence, the sale of shares of the New Series A Preferred Stock pursuant to the New Series A Preferred Stock Investment Agreement. The New Series A Preferred Stock shall, among other things, (i) accrue PIK dividends at 15% per annum and shall be perpetual preferred subject to a mandatory redemption at the New Series A Preferred Stock Liquidation Preference, upon a Liquidity Event, (ii) have voting rights entitling it to vote on a 20:1 ratio to the voting rights of the New Common Stock, (iii) be senior in right of payment to the New Series B Preferred Stock, and (iv) have such other terms and conditions as set forth in the applicable New Governance Documents or the New Series A Preferred Stock Certificate.

New Series A Preferred Stock means the 500,000 shares of the New Series A Preferred Stock and other unexercised rights, if any, to acquire shares of New Series A Preferred Stock by way of option, warrant or other legal or contractual right, outstanding immediately after the Effective Date. The New Series A Preferred Stock shall be distributed only to Holders of Class 2 Prepetition are Postpetition Secured Claims, shall be voting and non-interest bearing, shall be superior to the Series B Preferred Stock and the New Common Stock as to dividends and upon liquidation. Holders of the New Series A Preferred Stock shall have the right to vote on a sale or liquidation of the Reorganized Debtor.

New Series A Preferred Stock shall have the meaning ascribed to it in the recitals.