New Topco Articles of Association definition

New Topco Articles of Association means the Articles of Association of New Topco, in form and substance reasonably satisfactory to (1) the Ad Hoc Group, (2) the Rights Offering Sponsors and (3) the Majority Arrangers, but in the case of (3), solely with regard to any difference between Class A Shares on the one hand and Class B Shares or any other class of preferred stock or common stock onthe other hand, other than as set forth in the Equity Commitment Agreement (as filed with the Debtors’ motion for approval thereof on December 23, 2009) or as described in the Disclosure Statement as filed by the Debtors on March 12, 2010.
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New Topco Articles of Association means the Articles of Association of New Topco, in form and substance reasonably satisfactory to (1) the Ad Hoc Group, (2) the Rights Offering Sponsors and (3) the Majority Arrangers, but in the case of (3), solely with regard to any difference between Class A Shares on the one hand and Class B Shares or any other class of preferred stock or common stock on the other hand, other than as set forth in the Equity Commitment Agreement (as filed with the Debtors’ motion for approval thereof on December 23, 2009) or as described in the Disclosure Statement as filed by the Debtors on March [__], 2010.
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New Topco Articles of Association means the Articles of Association of New Topco, in form and substance reasonably satisfactory to the Ad Hoc Group and the Rights Offering Sponsors.
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Examples of New Topco Articles of Association in a sentence

  • Each of the members of such initial board shall serve in accordance with applicable Dutch law, the New Topco Supervisory Board charter, applicable corporate governance principles and the New Topco Articles of Association, as the same may be amended from time to time.

  • Pursuant to the New Topco Articles of Association in effect upon emergence, New Topco will be authorized to issue up to 1,275,000,000 shares of New Common Stock, which will consist of 1 billion Class A Shares and 275,000,000 Class B Shares.

  • The rights attached to the New Common Stock are described in more detail in the New Topco Articles of Association, which will be included in the Plan Supplement.

  • The New Topco Articles of Association will be included in the Plan Supplement.

  • Each of the members of such initial board will serve in accordance with applicable Dutch law, the New Topco Supervisory Board charter, applicable corporate governance principles and the New Topco Articles of Association, as the same may be amended from time to time.

  • The New Topco Articles of Association will provide that certain matters will require shareholder approval, including a buy-back of shares, amendment to the New Topco Articles of Association, approval of the annual accounts and certain resolutions regarding a significant change in the identity or nature of New Topco.

  • The rights attached to the New Common Stock are described in more detail in the New Topco Articles of Association, which will be included in the Plan Supplement.Shares of New Common Stock issued in exchange for Allowed Claims under the Plan as well as shares of New Common Stock issuable upon the exercise of warrants issued pursuant to the Plan will be Class A Shares.

  • The New Topco Articles of Association will provide that shareholders holding at least 1% of the issued share capital of New Topco will have the right to propose items to the agenda of New Topco’s general meeting of shareholders, including nomination of candidates for election as the New Topco Manager or as members of the New Topco Supervisory Board.

  • Section 6.4 of the Plan and the Plan Supplement provide that the New Topco Articles of Association and the amended certificates of incorporation for each of the Reorganized Debtors shall prohibit the issuance of nonvoting equity securities, thereby satisfying section 1123(a)(6) of the Bankruptcy Code.

  • Moreover, even if it is assumed that such a request was ever made, there is no indication that the respondent copied and served that letter on the applicants in terms of Rule 90 (2) of the Rules for it to be availed with the exclusion under the exception to Rule 90 (1) of the time required for preparation and delivery of the copy from the sixty days' limitation for instituting an appeal.


More Definitions of New Topco Articles of Association

New Topco Articles of Association means the Articles of Association of New Topco, which shall be governed by the Dutch Corporate Governance Codein form and substance reasonably satisfactory to the Ad Hoc Group and the Rights Offering Sponsors.
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New Topco Articles of Association means the Articles of Association of New Topco, which shall be governed by the Dutch Corporate Governance Code.
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Related to New Topco Articles of Association

  • Articles of Association means the articles of association of the Company, as amended from time to time.

  • Memorandum and Articles of Association means the Memorandum and Articles of Association of the Company, as amended and restated from time to time.

  • Memorandum of Association means the memorandum of association of the Company, as amended or substituted from time to time;

  • Memorandum and Articles means the amended and restated memorandum and articles of association of the Company currently in effect, as may be amended or restated from time to time.

  • Company Articles means the Articles of Incorporation of the Company, as amended.

  • Amended and Restated Certificate of Incorporation means the Amended and Restated Certificate of Incorporation of the Company, as in effect as of the Effective Date.

  • Amended Articles means the amended articles of JMB, reflecting the alterations to the Original Articles as provided for in the Plan, substantially in the form attached as Schedule “A” to the Plan;

  • Company Charter means the certificate of incorporation of the Company, as amended.

  • Articles of Incorporation means the Articles of Incorporation of the Company, as amended from time to time.

  • Articles of Arrangement means the articles of arrangement of the Company in respect of the Arrangement required by the CBCA to be sent to the Director after the Final Order is made, which shall include the Plan of Arrangement and otherwise be in a form and content satisfactory to the Company and the Purchaser, each acting reasonably.

  • these Articles means these articles of association as altered from time to time and the expression “this article” shall be construed accordingly;

  • Restated Certificate of Incorporation means the Restated Certificate of Incorporation of the Company, as amended.

  • Company Charter Documents means the Company’s certificate of incorporation and bylaws, each as amended to the date of this Agreement.

  • Company Certificate of Incorporation means the certificate of incorporation of the Company.

  • Articles of Agreement means the Articles of Agreement of the Bank.

  • Articles of Amalgamation means the articles of amalgamation giving effect to the Amalgamation required under the OBCA to be filed with the Director;

  • Restated Articles means a single document that incorporates the articles together with all amendments made to it;

  • Parent Charter means the Certificate of Incorporation of Parent, as from time to time amended.

  • CFA Charter means the charter earned through the Chartered Financial Analyst program prepared and administered by the CFA Institute and so named on the day this Instrument comes into force, and every program that preceded that program, or succeeded that program, that does not have a significantly reduced scope and content when compared to the scope and content of the first-mentioned program;

  • Company Bylaws means the bylaws of the Company, as amended.

  • Certificate of Arrangement means the certificate of arrangement to be issued by the Director pursuant to subsection 192(7) of the CBCA in respect of the Articles of Arrangement;

  • the Articles means these Articles of Association of the Academy Trust;

  • Model Articles means the model articles for private companies limited by guarantee contained in Schedule 2 of the Companies (Model Articles) Regulations 2008 (SI 2008/3229) as amended prior to the date of adoption of these Articles;

  • Community Charter means the Community Charter, S.B.C. 2003, c. 26, as may be amended or replaced from time to time;

  • Articles of Organization means the original documents filed to organize a limited liability company, as amended or restated by certificates of correction, amendment, or merger, by restated articles, or by other instruments filed or issued under any statute.

  • Bylaws means the bylaws of the Corporation, as they may be amended from time to time.