Settlement Consideration definition

Settlement Consideration means that consideration set forth in Paragraph 5.

Settlement Consideration means the settlement payments and distributions set forth in section 2.3 of this Agreement.

Settlement Consideration means (i) Cash totaling $300 million, (ii) that number of Class A Shares equivalent to $150 million at Plan value (after giving effect to the Rights Offering),subject to dilution on account of the Equity Compensation Plan and the New Warrants;2 (iii) rights to proceeds from the net recoveries on Non-Settling Defendant Claims (subject to Section 5.8(e) hereof with respect to any Excess Recoveries), (iv) 90% of any net recoveries on Assigned Preference Claims from the Litigation Trust (subject to Section 5.7(c) hereof with respect to any Excess Recoveries),3 and (v) any net recoveries on the State Law Avoidance Claims (subject to Section 5.8(c) hereof with respect to any Excess Recoveries); provided, however, that, notwithstanding the foregoing, and in all events, distributions to the holders of 2015 Notes Claims shall be made only upon satisfaction of the 2015 Notes Plan Conditions, and upon the failure of such conditions, any distributions otherwise intended for distribution to the holders of the 2015 Notes Claims shall be made to the Reorganized Debtors (in the case of (i), (ii) or (iv) above) or the remaining Allowed General Unsecured Claims (in the case of any other recoveries).

Examples of Settlement Consideration in a sentence

• For the avoidance of doubt, there shall be no distribution of any Settlement Consideration on account of the Senior/Bridge Deficiency Claims and the Senior/Bridge Deficiency Claims shall not be entitled to any recovery from the Settlement Consideration except with respect to Excess Recoveries.

• Notwithstanding the foregoing, any Settlement Consideration ordinarily distributable to a holder of any Claim entitled to receive Settlement Consideration, but for which there is an unclaimed or undeliverable distribution, shall become eligible to be made to such holders as required to true-up distributions as between such holders of the Trusts.

• After such dates, all such distributions (excluding unclaimed distributions of Settlement Consideration) shall be deemed unclaimed property under section 347(b) of the Bankruptcy Code and shall become unencumbered Cash of the Reorganized Debtors and the claim of any other holder to such property (or interest in property) shall be discharged and forever barred.

• On the Effective Date, if the Parent Settlement is approved, the Parent shall execute the Parent Settlement Agreement and deliver the Parent Settlement Consideration in full satisfaction and extinguishment of all Released Claims against any Released Party as set forth in Section 11.3.3.

• Until all Claims constituting General Unsecured Claims become Allowed Claims (or are Disallowed), the distributions of the Settlement Consideration shall be divided into three tranches: (i) one tranche for the benefit of holders of 2015 Notes Claims, (ii) one tranche for the benefit of holders of Millennium Notes Claims and (iii) one tranche for the benefit of holders of all other Allowed General Unsecured Claims.

More Definitions of Settlement Consideration

Settlement Consideration means the acts set forth in Paragraphs 2.1 to 2.9 herein.

Settlement Consideration means the consideration transferred to the holders of Existing Equity Interests in exchange for the release by such holders of the Released Parties, consisting of (i) 4.5% of the New Common Stock, subject to dilution by the Management Incentive Plan, Warrants and the Rights Offering Equity and (ii) the Warrants.

Settlement Consideration means the sum of: (i) the Cash Settlement Amount; (ii) the Settlement Shares; and (iii) the Settlement CVRs, which aggregate amount shall include all attorneys’ fees and Litigation Expenses, and all costs related to Notice and Administration Expenses.

Settlement Consideration means Warrant Shares.

Settlement Consideration means that consideration set forth in Section 4.

Settlement Consideration means the consideration provided to Fluor through the Settlement as set forth in Paragraphs 1.1 through 1.3 below and the attached Exhibit E.

Settlement Consideration means the consideration exchanged by and between the Defendants and the Settlement Class, as set forth in this National Settlement Agreement, including, without limitation, the Settlement Benefits and the Class Counsel Fees.