TCI 2 definition
Examples of TCI 2 in a sentence
The Company shall, and shall cause the Partnership (in its capacity as the general partner of the Partnership) and Merger Sub, and the Investor shall, and shall cause TCI and TCI 2 (in each case, in his capacity as, and to the extent that he is then, the sole shareholder thereof), to amend the Partnership Agreement so that on the Closing Date the Amended Partnership Agreement will be in full force and effect.
The TCI 2 Merger shall have been consummated and shall be effective under the applicable laws of the State of Delaware.
In addition, on or prior to the Effective Date, as a condition to the closing of the DJT Investment Agreement, TCI 2 will merge with and into TCI 2 Holdings, LLC, a Delaware limited liability company and a wholly-owned subsidiary of THCR, with TCI 2 Holdings, LLC as the entity surviving such merger, pursuant to the TCI 2 Merger Agreement.
In addition, prior to the Effective Date, as a condition to the closing of the DJT Investment Agreement, TCI 2 will merge with and into TCI 2 Holdings, LLC, a Delaware limited liability company and a wholly-owned subsidiary of THCR, with TCI 2 Holdings, LLC as the entity surviving such merger, pursuant to the TCI 2 Merger Agreement.
Pursuant to such merger, DJT will receive [ ] shares of Old THCR Common Stock in exchange for his shares of capital stock of TCI 2.
Reorganized TER and TCI 2 are authorized to enter into the Fifth Amended and Restated Agreement of Limited Partnership of TER Holdings.
The obligations of Reorganized TER Holdings and the Reorganized Debtor Subsidiaries under the Amended and Restated Credit Agreement shall be secured by all Prepetition First Priority Liens (as defined in the Final Cash Collateral Order) other than Prepetition First Priority Liens in property of TER and TCI 2 Holdings, LLC which shall be cancelled and extinguished in accordance with the Plan.
Moreover, the “proponent of the settlement has the burden of proving its reasonableness and courts must take into consideration ‘the fairness of the settlement to the other persons, i.e., the parties who did not settle.’” Biolitec, Inc., 528 B.R. at 267 (citing TCI 2 Holdings, LLC, 428 B.R. at 136)).Further, in assessing the best interest to the debtor, “the Court must look to the consideration for settlement.
In connection therewith, income or gain otherwise allocable to Xxxxx shall be reallocated to TER to the extent necessary to offset any disproportionality between TER and TCI 2 Holdings, on the one hand, and Xxxxx and TCI, on the other hand, as a result of TCI’s Capital Account balance.
As of the Petition Date, 1,000 shares of Old THCR Class B Common Stock were issued and outstanding, all of which are beneficially owned by DJT, 850 shares of which are held directly by DJT, 50 shares of which are held indirectly through TCI and 100 of which are held indirectly through TCI 2 (for convenience, all shares or other interests beneficially owned directly or indirectly by DJT shall be referred to in the Disclosure Statement as held by DJT).