Newco Organizational Documents definition

Newco Organizational Documents means the Newco Certificate of Formation and the articles of incorporation, corporate charter, bylaws, certificates of formation, and other governance documents of Newco. Newco’s corporate charter shall prohibit the issuance of nonvoting equity securities.

Newco Organizational Documents shall have the meaning assigned to such term in Section 8.1.

Newco Organizational Documents means the Newco Certificate of Formation and the limited liability company agreement of Newco.

Examples of Newco Organizational Documents in a sentence

• If collateral for the Loan is acquired by foreclosure or deed-in-lieu thereof, the priority of distributions among the Noteholders shall continue to be made in accordance with the terms of Article 4 of this Agreement, whether or not the applicable Loan Documents then remain in effect, unless and until superseded by the Newco Organizational Documents as set forth in Section 8.1 below.

• Each of the Buyer and Newco have heretofore furnished to the Company complete and correct copies of the Buyer Organizational Documents and the Newco Organizational Documents, which are in full force and effect.

• Neither the Buyer nor Newco is in violation of any of the provisions of the Buyer Organizational Documents and Newco Organizational Documents.

• On the Closing Date, the Seller shall deliver to the Purchaser true, correct and complete copies of the Newco Organizational Documents and any and all amendments, modifications or supplements thereto and the corporate books and records of Newco as the same shall exist on the Closing Date.

• The Newco Organizational Documents shall satisfy the provisions of this Plan and section 1123(a)(6) of the Bankruptcy Code.

More Definitions of Newco Organizational Documents

Newco Organizational Documents means the organizational and governance documents for NewCo, including, as applicable, the certificates or articles of incorporation, certificates of formation, certificates of organization, certificates of limited partnership, certificates of conversion, limited liability company agreements, operating agreements, limited partnership agreements, stockholder or shareholder agreements, bylaws, and indemnification agreements (or equivalent governing documents of any of the foregoing).

Newco Organizational Documents means the Certificate of Formation and company agreement, or other applicable formation documents, of Newco, the form of which shall be included in the Plan Supplement, if necessary.

Newco Organizational Documents means the Certificate of Incorporation of Newco and the By-Laws of Newco, in each case as in effect from time to time. 1.114 “Newco Services” has the meaning set forth in Section 4.09(b). 1.115 “Newco Statement” has the meaning set forth in Section 2.03(c). 1.116 “Notice of Dispute” has the meaning set forth in Section 2.03(d). 1.117 “Original Elector Statement” means a statement that meets all the requirements described in Treasury Regulation Section 1.1503(d)-6(f)(2)(iii)(B). 1.118 “Other Books and Records” means all Books and Records that are not primarily used or held for use in either the U.S. Government Business or the Other Businesses.

Newco Organizational Documents means the incorporation and constitutional documents of NewCo.

Newco Organizational Documents shall have the meaning set forth in Section 3.1 hereof.

Newco Organizational Documents means the organizational documents for NewCo, including a charter for NewCo that incorporates and adopts the Preincorporation Subscription Agreement dated March 27, 1977 and the restrictions on transfer and ownership set

Newco Organizational Documents means the organizational documents for NewCo, including a charter for NewCo that incorporates and adopts the Preincorporation Subscription Agreement dated March 27, 1977 and the restrictions on transfer and ownership set forth therein, which organizational documents shall be substantially in the form filed as part of the Plan Supplement.