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).
No preemptive rights or other rights to subscribe for or purchase securities exist with respect to the issuance and sale of the Shares, the Rights Offering Shares or the Restructuring Shares by Wyndham pursuant to the Transaction Documents or the issuance of Wyndham Common Stock on conversion of the Shares or the Rights Offering Shares.
Change of control (for these purposes, defined as the acquisition by a single person or group, other than a Permitted Holder (defined as each Consenting Noteholder which signs the Restructuring Agreement and receives Restructuring Shares (as defined therein)) of 35% or more of Bus’, Holding’s or Nordic’s voting shares, pursuant to a bona fide transaction at arm’s length, and the ownership by such person or group of a voting share percentage which exceeds that of Permitted Holders generally).
The evaluator must use professional judgment to make responsible decisions using as many data points as possible gathered during the year.
Each Investor, severally and not jointly, hereby agrees that at the Closing (as defined below) it will (i) exchange Preferred Shares for shares of Series F Preferred Stock and (ii) convert the accrued dividends on the Preferred Shares into the Restructuring Shares, each in the amounts set forth in the Schedule of Investors and on the terms and conditions set forth herein.
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.
The proceeds of the Issuance of Restructuring Shares that are not applied, or required to be applied, to prepay the Securities under this clause 2.1.1 (IV) (i) may be applied by the Issuer for any purpose, including, without limitation, to the repayment of the Bridge Loan.
As long as any Holder owns Series C Preferred Stock, Series D Preferred Stock, Conversion Shares or Restructuring Shares, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to Section 13(a) or 15(d) of the Exchange Act.
The Subscriber will keep and maintain complete and accurate records showing the number of the Rights to Restructuring Shares or Restructuring Shares delivered by it on the Closing Date.
For the avoidance of doubt, the PPSB Debt Restructuring Shares shall be entitled to the Proposed Rights Issue.