Examples of Unsubscribed Equity in a sentence
There will be no over-subscription privilege in the New Preferred Equity Rights Offering, such that any Unsubscribed Equity will not be offered to other Rights Offering Participants, but rather will be purchased by the Backstop Parties (subject to their respective Backstop Equity Commitment Amounts) in accordance with the terms and conditions of the Backstop Purchase Agreement and the Backstop Order.
Such Commitment Party has and will maintain sufficient immediately available funds to make and complete the payment of the aggregate purchase price for its Rights Offering Equity Interests subscribed for in the Rights Offering and its Backstop Commitment Percentage of the Unsubscribed Equity Interests on the Funding Deadline.
If the New Commitment Parties, in total, do not elect to purchase, pursuant to the Purchase Option, more Available Unsubscribed Equity Securities than are actually available, no adjustments to the amounts set forth in the Purchase Election Notice shall be made.
All amounts paid by an Indemnifying Person to an Indemnified Person under this Section 14 shall, to the extent permitted by applicable law, be treated for all Tax purposes as adjustments to the purchase price for the New Equity Interests subscribed for by the Commitment Parties in the Rights Offering and the Unsubscribed Equity Interests purchased by such Indemnified Person.
If a New Commitment Party desires to make such election, such Person shall submit to the Company a written notice (the “Purchase Election Notice”) delivered on or prior to the Purchase Option Expiration Date and in accordance with Section 10.1, that sets forth the amount of Available Unsubscribed Equity Securities, if any, and the principal amount of Available Unsubscribed New Secured Notes, if any, that such Person desires to purchase at the Closing.
The Equity Rights Offering Amount will be 100% backstopped by the Backstop Commitment Parties, and the Backstop Commitment Parties shall be obligated on a several, but not joint and several, basis to purchase the Unsubscribed Equity in accordance with and subject to the terms and conditions of the Backstop Commitment Agreement.
Notwithstanding anything to the contrary set forth herein, the decision of a Partner not to subscribe to all or any part of an Additional Contribution (whether relating to the contents of an Offer, to Unsubscribed Equity, to Unsubscribed Debt or otherwise) shall not be deemed a Material Breach.
Unsubscribed Equity Securities has the meaning set forth in clause 6.3(b).