Senior Noteholder Subscription Rights definition

Senior Noteholder Subscription Rights means the non-certificated rights to be distributed to each Holder of Senior Notes Claims that will enable each Holder thereof to purchase its Pro Rata share of 97% of New Common Shares in the Backstopped Equity Rights Offering Amount, subject to dilution by the New Common Shares to be issued in connection with the MIP Equity, the Backstop Commitment Premium, and the exercise of the New Warrants, at a 35% discount to Plan Equity Value, pursuant to the terms of the Equity Rights Offering Procedures, the Backstop Commitment Agreement, and the other Equity Rights Offering Documents.
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Senior Noteholder Subscription Rights means the non-certificated rights to be distributed to each Holder of Senior Notes Claims that will enable each Holder thereof to purchase its Pro Rata share of 97% of New
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Senior Noteholder Subscription Rights means the Subscription Rights allocated to holders of Allowed Senior Notes Claims in accordance with the applicable Rights Offering Procedures.
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Examples of Senior Noteholder Subscription Rights in a sentence

  • The Senior Noteholder Subscription Rights may not be sold, transferred, or assigned.

  • Each Rights Offering Participant in the Senior Noteholder Rights Offering shall be offered the Senior Noteholder Subscription Rights to purchase its Pro Rata share of the New Common Shares to be issued pursuant to the Senior Noteholder Rights Offering.

  • Senior Noteholder Offeree is a party thereto (see Section II above for details), and that the benefits of the Senior Noteholder Subscription Rights are not separable from the claim or securities with respect to which the Senior Noteholder Subscription Rights have been granted.

  • Holders of the Senior Note Claims are urged to consult their own tax advisors regarding the appropriate status for U.S. federal income tax purposes of the Senior Note Claims (which include debt obligations that have maturities of either 7 or 8 years) and the Senior Noteholder Subscription Rights for U.S. federal income tax purposes.

  • If the Senior Noteholder Subscription Right is not treated as a security of Parent for U.S. federal income tax purposes, each holder of a Senior Note Claim generally will not recognize any loss but will recognize gain (See B.1.c — “Taxable Exchange Treatment,” below for calculation of gain), if any, up to the amount of the fair market value of the Senior Noteholder Subscription Rights received.

  • 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.

  • Mr Lamb points out that the initial Transport Assessment and appendices was resubmitted after an error.

  • In addition, if the Senior Noteholder Subscription Rights are treated as received as part of a “recapitalization,” any gain recognized upon a subsequent disposition of the New Common Shares may be treated as ordinary income to the extent of any carryover of accrued market discount in respect of the Senior Note Claim Exchanged therefor not previously included in income (see B.1.d — “Character of Gain or Loss,” below).

  • After the Petition Date, subject to interim approval of the Disclosure Statement by the Bankruptcy Court, the Debtors shall distribute the Senior Noteholder Subscription Rights to holders of Senior Notes Claim as set forth in the Plan and the applicable Rights Offering Procedures.

  • 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.

Related to Senior Noteholder Subscription Rights

  • Senior Noteholders means the holders of the Senior Notes.

  • Senior Noteholder means the Holder of any Senior Note.

  • Note A-7 Holder means the Initial Note A-7 Holder or any subsequent holder of Note A-7, as applicable.

  • Initial Note A-7 Holder shall have the meaning assigned to such term in the preamble to this Agreement.

  • Note A-8 Holder means the Initial Note A-8 Holder or any subsequent holder of Note A-8, as applicable.

  • Subordinated Shareholder Funding means, collectively, any funds provided to the Issuer by any Parent, any Affiliate of any Parent or any Permitted Holder or any Affiliate thereof, in exchange for or pursuant to any security, instrument or agreement other than Capital Stock, in each case issued to and held by any of the foregoing Persons, together with any such security, instrument or agreement and any other security or instrument other than Capital Stock issued in payment of any obligation under any Subordinated Shareholder Funding; provided, however, that such Subordinated Shareholder Funding:

  • Initial Note A-6 Holder shall have the meaning assigned to such term in the preamble to this Agreement.

  • Note A-6 Holder means the Initial Note A-6 Holder or any subsequent holder of Note A-6, as applicable.

  • Series A Purchase Agreement means the Series A Preferred Unit Purchase Agreement, dated as of June 20, 2017, by and among the Partnership and the Series A Purchasers thereunder, as may be amended from time to time.

  • Initial Note A-5 Holder shall have the meaning assigned to such term in the preamble to this Agreement.

  • Initial Holders has the meaning set forth in the preamble.

  • Series B Purchase Agreement means the Series B Preferred Stock Purchase Agreement with respect to the purchase and sale of shares of the Company’s Series B Preferred Stock, dated as of the date hereof, by and among the Company and the Series B Investors, as it may be amended from time to time.

  • Preferred Shareholders means the holders of Preferred Shares.

  • Preferred Stock Purchase Agreement means the Preferred Stock Purchase Agreement, dated September 7, 2008, between the Company and the United States Department of the Treasury.

  • Senior Holder means, (i) the Note Holders of Series A until the Secured Obligations in respect of Series A Equipment Notes have been paid in full, (ii) after the Secured Obligations in respect of Series A Equipment Notes have been paid in full, the Note Holders of Series B until the Secured Obligations in respect of Series B Equipment Notes have been paid in full and (iii) after the Secured Obligations in respect of Series B Equipment Notes have been paid in full, the Note Holders of Series C until the Secured Obligations in respect of Series C Equipment Notes have been paid in full.

  • Initial Note A-4 Holder shall have the meaning assigned to such term in the preamble to this Agreement.

  • Preferred Shares means shares of Series A Junior Participating Preferred Stock, par value $.01 per share, of the Company having the rights and preferences set forth in the Form of Certificate of Designations attached to this Agreement as Exhibit A.

  • Note A-5 Holder means the Initial Note A-5 Holder or any subsequent holder of Note A-5, as applicable.

  • Initial Noteholders shall have the meaning assigned to such term in the recitals.

  • Senior Interest Holders means, collectively, the Lenders, the Administrative Agent, the Borrower Indemnified Parties, the Servicer Indemnified Parties and the Affected Persons.

  • Key Holders means the persons named on Schedule B hereto, each person to whom the rights of a Key Holder are assigned pursuant to Section 3.1, each person who hereafter becomes a signatory to this Agreement pursuant to Section 6.8 or 6.17 and any one of them, as the context may require.

  • Investor Warrants has the meaning given it in the recitals of this Agreement.

  • Preferred Shareholder means any holder of Preferred Shares.

  • Investor Rights Agreement has the meaning set forth in the Recitals.

  • Eligible Holders has the meaning set forth in Section 2.01(a).