Examples of Reorganized Hexion in a sentence
On the Effective Date, Reorganized Hexion and certain Holders of the New Common Equity shall enter into the Registration Rights Agreement in substantially the form included in the Plan Supplement.
The Shareholders Agreement, if any, shall be deemed to be valid, binding, and enforceable in accordance with its terms, and each holder of New Common Equity shall be bound thereby, in each case without the need for execution by any party thereto other than Reorganized Hexion.
On the Effective Date, Reorganized Hexion and the Holders of the New Common Equity shall be deemed to have entered into the Shareholders Agreement, if any.
The estimated value of Reorganized Hexion for purposes of estimating recovery percentages under the Plan is based on the Valuation Analysis, which represents a hypothetical valuation of Reorganized Hexion and assumes that, among other things, the Reorganized Debtors continue as an operating business.
In any subsequent liquidation, dissolution, or winding up of Reorganized Hexion, the New Common Equity would rank below all debt claims against Reorganized Hexion.
The Valuation Analysis does not purport to constitute an appraisal of Reorganized Hexion or necessarily reflect the actual market value that might be realized through a sale or liquidation of Reorganized Hexion or its assets, which may be materially different than the estimate set forth in the Valuation Analysis.
In the future, similar to all companies, additional equity financings or other equity issuances by Reorganized Hexion could adversely affect the value of the New Common Equity.
Reorganized Hexion may not pay any dividends on the New Common Equity.
Rule 144 defines an affiliate as “a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, such issuer.” Reorganized Hexion will not be subject to the reporting requirements of section 13 or 15(d) of the Exchange Act.
Although Reorganized Hexion will only elect to utilize the Alternative Structure if it expects that, among other things, the amount of such tax liabilities will not materially impact its financial condition and business operations and the benefits associated with such structure exceed any such cost, it is possible that such determination could prove to be incorrect.