Restructuring Shares definition
Examples of Restructuring Shares in a sentence
Pursuant to the February 2020 Exchange Agreement and Fourth Amendment, the Borrower may, at Borrower’s option pay the Restructuring Fee (as defined in the February 2020 Exchange Agreement and Fourth Amendment) through the issuance of the Fourth Amendment Restructuring Shares (as defined in the February 2020 Exchange Agreement and Fourth Amendment).
The Company hereby indemnifies the Subscriber and Claim Holders against the Polish tax on civil law transactions due, if any, on the Claim Holder Agreements and/or on the transfer of the Rights to Restructuring Shares to the Claim Holders and agrees to pay such tax if it is due and payable.
In relation to the proposed issue of the WPC Debt Restructuring Shares and the WPP Debt Restructuring Shares, the Company will be lodging an offer information statement with the Monetary Authority of Singapore and the SGX-ST pursuant to Section 277 of the Securities and Futures Act (Chapter 289 of Singapore).
Such Investor shall have delivered to the Company (i) certificates representing all of the Preferred Shares owned by such Investor as of the date of Closing and (ii) a Notice of Conversion for the Restructuring Shares in accordance with the terms of the Preferred Shares.
The Subscriber shall be entitled to rely on the amount of Restructuring Shares to be received by each Claim Holder in accordance with the Dutch Composition Plans if it is calculated by the Subscriber under the Algorithm.
This Agreement shall continue in force for ten (10) years from the date of this Agreement, subject to an unlimited number of renewals upon mutual consent of the parties.
Upon the terms and subject to the conditions contained in this Agreement and the schedules hereto (including, without limitation, approval by the Current Shareholders at meetings of the Company’s shareholders of all necessary resolutions relating to the Restructuring) on the Effective Date the Consenting Noteholders will exchange (directly or indirectly through the Restructuring Trustee) their claims against the Company, as applicable, for their pro-rata entitlement to Restructuring Shares.
The Subscriber will subscribe for the Restructuring Shares and shall be obliged to apply for all necessary permits to either the Polish SEC or other regulatory agency in connection with the subscription for the Restructuring Shares and the issuance and delivery to it of the Rights to Restructuring Shares and the re-distribution of the Rights to the Restructuring Shares among the Assigning Claim Holders.
The Restructuring Shares and the shares of Wyndham Class A Common Stock issuable upon conversion of the Shares shall have been approved for listing on the NYSE, subject to official notice of issuance.
Additionally, the Company will use its commercial best efforts so that the Warrants are transferred to the Existing Shareholders within the next 90 days immediately following the completion of issue of the Restructuring Shares.