Examples of New Tranche B Notes in a sentence
No: (i) Cash payment of less than $50.00; (ii) Distribution of less than $1,000 face value of New Tranche A Notes; or (iii) Distribution of less than $1,000 face value of New Tranche B Notes, shall be required to be made to the holder of any Claim.
On the date hereof, and simultaneous with the effectiveness hereof, WLR IV Parallel ESC, L.P., WLR Recovery Fund III, L.P., and WLR Recovery Fund IV, L.P. (the “WLR Purchasers”) shall collectively purchase not more than $5,000,000 of New Tranche B Notes.
The Confirmation Order will provide that the offer and sale of the New Common Stock, New Tranche A Notes, and New Tranche B Notes issued pursuant to the Plan are exempt from registration pursuant to section 1145(a) of the Bankruptcy Code and that the New Common Stock, New Tranche A Notes, and New Tranche B Notes may be resold by the holders thereof without restriction, except to the extent that any such holder is deemed to be an "underwriter" as defined in section 1145(b)(1) of the Bankruptcy Code.
No: (i) Cash payment of less than $50.00; (ii) Distribution of less than $1,000 face value of New Tranche A Notes; (iii) Distribution of less than $1,000 face value of New Tranche B Notes; or (iv) Distribution of less than [ ] shares of New Common Stock, shall be required to be made to the holder of any Claim.
On the later of each Distribution Date and ten (10) Business Days after the date on which a Class 3 Claim becomes an Allowed Class 3 Claim, each holder of an Allowed Class 3 Claim shall receive its Ratable Share of: (a) 100% of the shares of the New Common Stock subject to dilution by the New Stock Option Plan; (b) the New Tranche A Notes; (c) the New Tranche B Notes; and (d) Excess Cash.
Each of the Company and each of the Tranche B Purchasers agrees that the rights and obligations in respect of the Tranche B Notes, as modified hereby, and the New Tranche B Notes are and shall remain in all respects subject to the terms and provisions of the Debt Subordination Agreement.
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On the date hereof, the Company will deliver to each WLR Purchaser the New Tranche B Notes to be purchased by such WLR Purchaser, such New Tranche B Notes to be in substantially the form attached hereto as Exhibit A (the “Form New Tranche B Note), against delivery by such WLR Purchaser to the Company of immediately available funds in the amount of the purchase price therefor (the “Initial New Tranche B Purchase”).
The liens of the lenders under the New Tranche A Notes will be senior to the liens of the lenders under the New Tranche B Notes.
The rights of the Lenders, the New Tranche A Notes Holders and the New Tranche B Notes Holders rank senior in right of payment to all Indebtedness and obligations of each Obligor and each Obligor Subsidiary (except with respect to the Exit Facility, in relation to which such rights rank pari passu).