Examples of Newco Notes in a sentence
No fractional interests of Newco Shares or Newco Notes (“Fractional Interests”) will be issued under this Plan.
SFC Escrow Co. shall not exercise any voting rights (including any right to vote at a meeting of shareholders or creditors held or in any written resolution) in respect of Newco Shares or Newco Notes held in the Unresolved Claims Reserve.
For purposes of calculating the number of Newco Shares and Newco Notes to be issued by Newco pursuant to this Plan, recipients of Newco Shares or Newco Notes will have their entitlements adjusted downwards to the nearest whole number of Newco Shares or Newco Notes, as applicable, to eliminate any such Fractional Interests and no compensation will be given for the Fractional Interest.
SFC Escrow Co. shall not make any sale, distribution, transfer or conveyance of any Newco Shares, Newco Notes or any other assets or property that it holds unless it is directed to do so by an Order of the Court or by a written direction from the Monitor, in which case SFC Escrow Co. shall promptly comply with such Order of the Court or such written direction from the Monitor.
The Transferors may, at the Debtors' and the Banks' discretion, transfer (including, if so desired, by license rather than a complete transfer) all or part of the Selected Business to Newco, one or more newly formed corporations, in exchange for the right to receive the Newco Stock and the Newco Notes.
The issuance of the following securities by the Reorganized Debtors is hereby authorized without further act or approval under applicable law, regulation, order or rule: (i) the Newco Notes, and (ii) the Newco equity.
Newco shall issue and transfer to the Transferors 100% of the Newco Class A Stock and 100% of the Newco Notes and, on behalf of and at the direction of the Transferors, shall issue and transfer directly to the holders of Secured Bank Claims 100% of the Newco Class B Stock.
The Newco Stock and the Newco Notes will be allocated among the Transferors based on the relative net value of the assets transferred to Newco, as determined by the Debtors.
Each Electing Shareholder will be deemed to have elected to exchange that number of Extendicare Common Shares for Exchangeable LP Units that results in the Electing Shareholder receiving Exchangeable LP Units equal to the number of Exchangeable LP Units allocated to such Electing Shareholder and the balance of such Electing Shareholder’s Extendicare Common Shares shall be transferred to Newco in exchange for Newco Notes pursuant to Section 3.1(g) (subject to rounding).
If the Closing has not occurred on or prior to the Termination Date, the Newco Notes and/or the Parent Notes will not be issued in whole or in part and the conditions to Closing set forth in Section 2A and Section 2B have been satisfied or will be satisfied, Buyer shall accept borrowings available in respect of the Senior Facilities (including the Opco Backstop Term Amount), the Newco Bridge Facility and the Parent Bridge Facility on the terms set forth in the Debt Commitment Letter, as necessary.