Unsubscribed Securities definition

Unsubscribed Securities means the Rights Offering Securities that have not been duly subscribed for by the Rights Offering Participants in accordance with the Rights Offering Procedures and the Plan, excluding Holdback Securities committed to be subscribed for pursuant to Section 2.2(b) and Rights Offering Securities committed to be subscribed for pursuant to Section 2.1(b).

Unsubscribed Securities shall have the meaning set forth in Section 2.2.

Unsubscribed Securities means the New Money Securities that were not duly purchased by the Rights Offering Participants in accordance with the Rights Offering Procedures and the Plan.

Examples of Unsubscribed Securities in a sentence

• To facilitate the Rights Offerings and the other Restructuring Transactions, the Backstop Parties have agreed to purchase the Unsubscribed Securities offered for sale in the Rights Offerings, subject to the terms and conditions set forth in the Backstop Purchase Agreement.

• With respect to the Rights Offering, each Commitment Party is acquiring the Unsubscribed Securities for its own account, not as a nominee or agent, and not with the view to, or for resale in connection with, any distribution thereof not in compliance with applicable securities Laws, and each such Commitment Party has no present intention of selling, granting any participation in, or otherwise distributing the same, except in compliance with applicable securities Laws.

• The reorganized Debtor will apply the proceeds from the exercise of the Subscription Rights and the sale of the Unsubscribed Securities for the purposes identified in the Disclosure Statement and the Plan.

• The Company shall timely make all filings and reports relating to the offer and sale of the 4(a)(2) Rights Offering Securities and the Unsubscribed Securities issued hereunder required under applicable securities and “Blue Sky” Laws of the states of the United States following the Closing Date.

• The parties hereto agree for all Tax purposes to treat the exchange of the Backstop Commitment for the Commitment Premium as an issuance by the Commitment Parties to the Company of a put right with respect to the Unsubscribed Securities in exchange for the Commitment Premium.

More Definitions of Unsubscribed Securities

Unsubscribed Securities has the meaning given to such term in the recitals hereof.

Unsubscribed Securities has the meaning given to it in Clause 7.4.‌‌‌

Unsubscribed Securities means any Unsubscribed New Convertible Notes Class C and Unsubscribed ERO New Common Stock.

Unsubscribed Securities means the Unsubscribed Shares and Unsubscribed Warrants. 2.4(a)(iv).

Unsubscribed Securities means the Unsubscribed Shares and Unsubscribed Warrants.

Unsubscribed Securities means collectively, the Unsubscribed Equity and Unsubscribed Notes.

Unsubscribed Securities means any Unsubscribed New Convertible Notes Class B and Unsubscribed ERO New Common Stock.