Examples of Reorganized Melinta Common Stock in a sentence
The Reorganized Melinta Common Stock to be issued under the Plan is hereby deemed issued as of the Effective Date regardless of the date on which it is actually distributed.
Issuance of the Reorganized Melinta Common Stock in accordance with the Plan is approved.
All Reorganized Melinta Common Stock issued by the Reorganized Debtors pursuant to the provisions of the Plan is hereby deemed to be duly authorized, validly issued, fully paid, and non-assessable, and shall be free and clear of all taxes, Liens, preemptive rights, subscription rights, and similar rights, other than any rights set forth in the New Corporate Governance Documents.
The distribution of 100% of the Reorganized Melinta Common Stock to the Holders of Secured Prepetition Credit Agreement Claims in full and final satisfaction, settlement, and release of and in exchange for each and every Allowed Secured Prepetition Credit Agreement Claim is not a sale of such Reorganized Melinta Common Stock.
The distribution of 100% of the Reorganized Melinta Common Stock to the Holders of Secured Prepetition Credit Agreement Claims in full and final satisfaction, settlement, and release of and in exchange for each andevery Allowed Secured Prepetition Credit Agreement Claim is not a sale of such Reorganized Melinta Common Stock.
The offering, issuance, and distribution of any securities pursuant to the Plan (including the Reorganized Melinta Common Stock) will be exempt from the registration requirements of section 5 of the Securities Act and any state or local laws requiring registration for offer or sale of a security or registration or licensing of an issuer of, underwriter of, or broker dealing in, a security, in each case, pursuant to section 1145 of the Bankruptcy Code and any other available exemption from registration.
Issuance of the Reorganized Melinta Common Stock is an essential element of the Plan and is in the best interests of the Debtors, their Estates, and Holders of Claims and Interests.
The distribution of 100% of the Reorganized Melinta Common Stock to the Holders of Secured Prepetition Credit AgreementClaims in full and final satisfaction, settlement, and release of and in exchange for each and every Allowed Secured Prepetition Credit Agreement Claim is not a sale of such Reorganized Melinta Common Stock.
Pursuant to Bankruptcy Code section 1145(a), because the Reorganized Melinta Common Stock is being issued to the Holders of Secured Prepetition Credit Agreement Claims inexchange for such Claims, section 5 of the Securities Act and any state or local laws requiring registration for offer or sale of a security or registration or licensing of an issuer of, underwriter of, or broker dealing in, a security do not apply to such issuance.
Pursuant to the Notice of Successful Bidder and Cancellation of Auction filed on March 2, 2020 [Docket No. 372], the Supporting Lenders are the Successful Bidders.1.139 “Supporting Lenders” means those Prepetition Lenders party to the Restructuring Support Agreement.1.140 “Supporting Lender Transaction” means, if applicable, the Supporting Lenders’ acquisition of the Reorganized Melinta Common Stock in accordance with the Restructuring Support Agreement.