Examples of Subscription Commitment in a sentence
In order for any Subscription Commitment to be effective, a Participating Qualified PIK/Term Lender shall tender as a deposit the amount of Cash that would be necessary to purchase the number of New Investment Units subscribed for pursuant to such holder's Subscription Agreement (the "Subscription Price Deposit").
On the Subscription Commencement Date, Debtors will cause a Subscription Agreement and other offering materials to be delivered to each Qualified PIK/Term Lender offering each Qualified PIK/Term Lender the right, pursuant to and on the terms and conditions of the Reorganized PSC Offering, to make a Subscription Commitment for up to its Pro Rata portion of the New Investment Units at the Subscription Price.
We have also reviewed the Rights Agent Agreement, and accompanying exhibits, the Subscription Commitment Agreement, and the Warrant Agreement, and we have relied upon such other documents and instruments as we have deemed appropriate including, with respect to certain factual matters, the certificate of officers of the Company.
The Debtors, in their reasonable discretion (and with the consent of the Plan Sponsor), may, but shall not be obligated to, waive any defect or irregularity, or permit a defect or irregularity to be corrected within such times as they may determine, or reject the purported Subscription Commitment.
Any Participating Qualified PIK/Term Lender shall make its Subscription Commitment by causing its Subscription Agreement to be executed and delivered to the Subscription Agent on or prior to the Subscription Expiration Date, having properly completed and executed the Subscription Agreement, and tendered the Subscription Price Deposit (as defined in this paragraph) in accordance with the procedures set forth herein and in the Subscription Agreement.
Each Purchaser’s pro rata share of the Subscription Shares shall be determined by multiplying the Subscription Shares by a fraction the numerator of which is the Purchaser’s Subscription Commitment Amount and the denominator of which is $5,000,000.
The proposed Confirmation Order shall be in form and substance acceptable to the Debtors and, as required by the Equity Subscription Commitment Letter, the Investors (and, only in respect of matters affecting the interests of holders of Allowed Class 4 General Unsecured Claims, the Creditors' Committee).
No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and the Purchasers representing not less than 51% of the Subscription Commitment Amount then remaining or, in the case of a waiver, by the party against whom enforcement of any such waived provision is sought.
Any Participating Qualified PIK/Term Lender that breaches its obligations to subscribe for and make payment on the account of the New Investment Units pursuant to a Subscription Commitment that has been accepted by Reorganized Parent shall forfeit (i) as liquidated damages the entire Subscription Price Deposit it made pursuant to Section 9.7 and (ii) its entire entitlement to receive any New Investment Units pursuant to its Subscription Commitment.
If mutually agreed by two or more Purchasers, such Purchasers may agree to adjust the relative amounts of their Subscription Commitment Amounts, Subscription Amounts or the amount of Subscription Shares to be purchased by them at any Closing, provided that the sum of such amounts is not thereby reduced.