Examples of Recapitalization Support Agreement in a sentence
Any other previous agreement among the parties with respect to the subject matter hereof (including (i) the Recapitalization Support Agreement and (ii) the Revolver Support Agreement dated as of October 27, 2016, each by and among the Borrowers and MFP Investors LLC and Franklin Mutual Advisers, LLC, as investment manager on behalf of certain funds and account) is superseded by this Agreement and the other Loan Documents.
The Recapitalization Support Agreement was amended on December 14, 2016 to provide that the Supporting Parties shall also vote in favour of the Privatization Transaction in addition to voting in favour of the Recapitalization.
The obligations of Catalyst and the Supporting Parties under the Recapitalization Support Agreement with respect to the Recapitalization are subject to the non-completion of the KGI Transaction or termination of the KGI Support Agreement.
The parties to the Recapitalization Support Agreement, dated July 29, 2014 (the “RSA”), shall have acknowledged that the transactions contemplated hereby constitute a “Recapitalization” under the terms of the RSA and, therefore, the RSA shall be terminated and be without further force or effect, as of the Closing Date, subject to the Company’s receipt of funds from Purchaser pursuant to Section 1.1 hereof.
Tax/Business Considerations The parties to the Recapitalization Support Agreement shall use good faith efforts to structure the Recapitalization and the transactions contemplated herein and in the Recapitalization Support Agreement to the maximum extent possible in a tax-efficient and cost-effective manner for the Company and Vestar.
The parties to the Recapitalization Support Agreement have also agreed to cooperate in structuring and negotiating an additional component of the Recapitalization (the "Going Private Component") under which Common Shares not held by the securityholder parties thereto would be exchanged for cash consideration, subject to certain conditions, including confirmation that the Going Private Component will permit the Company to cease to be a reporting issuer under applicable securities laws.
This Joinder (the “Joinder”) to the Recapitalization Support Agreement, dated as of July 29, 2014, by the Company, the Consenting Subordinated Noteholders thereto and Vestar (the “Agreement”), is executed and delivered by [ ] (the “Joining Party”) as of [ ], 2014 in connection with the transfer from a Consenting Subordinated Noteholder party to the Agreement to the Joining Party.
RISKS RELATING TO THE RECAPITALIZATIONThe consummation of the Recapitalization may not occur for a number of reasons, including as a result of a termination of the Recapitalization Support Agreement The Company will not complete the Recapitalization unless and until all conditions precedent to the Recapitalization, some of which are not under the Company's control, are satisfied or waived.
Privatization TransactionIn connection with the Recapitalization, the minority shareholders of Catalyst will have an opportunity to vote on a transaction pursuant to which all existing Common Shares outstanding before the Recapitalization, other than the common shares held by parties to the Recapitalization Support Agreement entered into on October 30, 2016, would be repurchased for cancellation by Catalyst for cash consideration equal to C$0.50 per Common Share (the "Privatization Transaction").
On October 31, 2016, Catalyst announced that it had entered into a support agreement (the "Recapitalization Support Agreement") with securityholders representing about 70% of the Company's outstanding common shares (the "Common Shares") and 87% of its 11% PIK Toggle Senior Secured Notes (the "Notes") in respect of the previously announced alternative recapitalization proposal (the "Recapitalization").