Examples of Senior Noteholder Subscription Rights in a sentence
Any accrued market discount that is not included in income should be applied to any “securities” received in the exchange (such as the New Common Stock or Senior Noteholder Subscription Rights), such that any gain recognized by a holder upon a subsequent disposition of such securities would be treated as ordinary income to the extent of any accrued market discount not previously included in income.
Rights Offering Conditioned Upon Effectiveness of the Plan; Reservation of Senior Noteholder Subscription Rights; Return of Rights Offering Amount All exercises of Senior Noteholder Subscription Rights are subject to and conditioned upon the effectiveness of the Plan.
Notwithstanding anything contained herein, in the Disclosure Statement or in the Plan to the contrary, the Debtor reserves the right, with the approval of the Required Backstop Parties, not to be unreasonably withheld, to modify these Senior Noteholder Rights Offering Procedures or adopt additional detailed procedures if necessary in the Debtor’s business judgment to more efficiently administer the distribution and exercise of the Senior Noteholder Subscription Rights or comply with applicable law.
For the avoidance of doubt, any such Eligible Senior Noteholder Offeree, and not a designee, shall remain responsible for the exercise and payment of its Senior Noteholder Subscription Rights.
The Debtor may (i) waive any defect or irregularity, or permit a defect or irregularity to be corrected, within such times as it may determine in good faith to be appropriate or (ii) reject the purported exercise of any Senior Noteholder Subscription Rights for which the Senior Noteholder Rights Exercise Form and/or payment includes defects or irregularities.
Exercise of Senior Noteholder Subscription Rights Each Eligible Senior Noteholder Offeree that elects to participate in the Senior Noteholder Rights Offering must affirmatively make a binding, irrevocable election to exercise its Senior Noteholder Subscription Rights (the “Binding Senior Noteholder Rights Election”) before the Senior Noteholder Rights Expiration Time.
Issuance The Senior Noteholder Rights Offering Securities to be issued pursuant to the Senior Noteholder Rights Offering are expected to be delivered to Eligible Senior Noteholder Offerees that have properly exercised their Senior Noteholder Subscription Rights on or as soon as practicable following the Effective Date.
A holder’s aggregate tax basis in the New Common Shares received upon exercise of a Senior Noteholder Subscription Right should be equal to the sum of (i) the amount paid upon exercise of the Senior Noteholder Subscription Rights and (ii) the holder’s tax basis in the Senior Noteholder Subscription Rights.
Unless otherwise indicated, the discussion herein assumes that the Senior Noteholder Subscription Rights are respected as options to acquire New Common Shares (including the discussion above regarding the calculation of gain or loss).
In addition, if at a later date we test these or similar models, we would not expect to implement them through rulemaking if made voluntary but would employ the methods used to implement other voluntary models.