New Series B Preferred Stock definition

New Series B Preferred Stock means, collectively, the 5,400,000 shares of 4.0% Series B convertible preferred stock, $0.01 par value per share, of New Dana Holdco, authorized pursuant to the certificate of

New Series B Preferred Stock means, collectively, the 5,000,000 shares of 4.0% Series B 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 B Preferred Stock means the Series B Preferred Stock, par value $.001 per share, of the Company to be issued as part of the Recapitalization.

Examples of New Series B 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.

• Finally, Reorganized SWINC will issue one share of Reorganized SWINC New Series B Preferred Stock to the SWE&C Liquidating Trustee to be held for the benefit of holders of Claims and Interests in the Consolidated SWE&C Estate.

• All such shares of Reorganized SWINC New Common Stock, Reorganized SWINC New Series A Preferred Stock and Reorganized SWINC New Series B Preferred Stock shall be, when issued pursuant to and in accordance with the terms of the Third Joint Plan, duly authorized, validly issued, fully paid and nonassessable.

More Definitions of New Series B Preferred Stock

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

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

New Series B Preferred Stock means shares of the applicable New Equity

New Series B Preferred Stock means shares of the applicable New Equity Issuer’s Series B 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 (i) the Tranche B DIP Facility Claims (exclusive of the Incremental Tranche B DIP Accordion Claims), net of amounts paid or payable in Cash in accordance with the Plan, and (ii) the Original Foreign Loan Claims. The issuance of the New Series B Preferred Stock shall be funded through the conversion of the Tranche B DIP Facility Claims (exclusive of the Incremental Tranche B DIP Accordion Claims), net of amounts paid or payable in Cash in accordance with the Plan, and the Original Foreign Loan Claims into shares of New Series B Preferred Stock. The New Series B 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 B 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 junior in right of payment to the New Series A Preferred Stock and (iv) have such other terms and conditions as set forth in the applicable New Governance Documents or the New Series B Preferred Stock Certificate.

New Series B Preferred Stock means the 500,000 shares of the New Series B Preferred Stock and other unexercised rights, if any, to acquire shares of New Series B Preferred Stock by way of option, warrant or other legal or contractual right, outstanding immediately after the Effective Date. The New Series B Preferred Stock shall be distributed by the Debtor only to Holders of Class 4 General Unsecured Claims, shall be voting, non-interest bearing, shall be preferred as to dividends and upon liquidation to the New Common Stock but subordinate to the payment of all Allowed Claims of the Holders of the Class 2 Prepetition and Postpetition Secured Claims. Holders of the New Series B Preferred Stock shall have the right to vote on a sale or liquidation of the Reorganized Debtor.

New Series B Preferred Stock shall have the meaning set forth in Section 2.2(g).

New Series B Preferred Stock has the meaning set forth in the preamble.