Examples of Rights Offering Backstop Commitment Agreement in a sentence
In accordance with the Rights Offering Backstop Commitment Agreement, the Rights Offering Backstop Investors have committed to purchase all Remaining Rights Offering Stock.
On the Effective Date, Reorganized RMC shall issue to the Consenting Noteholders that are parties to the Rights Offering Backstop Commitment Agreement their respective shares of the Exit Issuance Backstop Fee pursuant to the terms of the Rights Offering Commitment Agreement.
In accordance with the Rights Offering Backstop Commitment Agreement, the Rights Offering Backstop Investors will purchase all Remaining Rights Offering Stock.
In accordance with the Subscription Agreement, the Rights Offering Backstop Commitment Agreement, and the Rights Offering Procedures, each Eligible DIP Claim Holder shall have Subscription Rights in the Rights Offering to purchase up to its pro rata allocation of the Rights Offering Amount, subject to the Rights Offering Holdback.
On the Rights Offering Backstop Notification Date, the Subscription Agent will notify each Rights Offering Backstop Investor of its portion of the Remaining Rights Offering Stock that such Rights Offering Backstop Investor is obligated to purchase pursuant to the Rights Offering Backstop Commitment Agreement and the purchase price therefor.
In addition, under the Rights Offering Backstop Commitment Agreement, the Required Backstop Parties have the contractual right to terminate the Rights Offering Backstop Agreement if, among other reasons, the deadlines set forth in such agreement or the various conditions precedent to enforcement of the Rights Offering Backstop Investors’ obligations are not satisfied.
Notwithstanding the Rights Offering Backstop Commitment Agreement, because the Rights Offering has not been completed, there can be no assurance that the Debtors will receive any or all of the Rights Offering Amount.
On the Plan Effective Date, the rights and obligations of the Debtors under the Rights Offering Backstop Commitment Agreement shall vest in the Reorganized Debtors, as applicable.
In exchange for consideration consisting of the Rights Offering Backstop Commitment Premium and in accordance with the Rights Offering Backstop Commitment Agreement, the Backstop Parties have committed to fully backstop, severally and not jointly, the Rights Offering Shares.
On the Effective Date, if not previously satisfied in full in accordance with the terms of the Private Placement Agreement and/or the Rights Offering Backstop Commitment Agreement, as applicable, any outstanding Expense Reimbursements shall be paid in Cash and any outstanding Commitment Premiums and Ticking Premiums, if any, shall be paid in Reorganized PEC Common Stock in accordance with the Private Placement Agreement and the Rights Offering Backstop Commitment Agreement, as applicable.