Existing Preferred Stock. The Holdco #2 Merger shall have occurred, and the Existing Preferred Stock shall have been converted into the right to receive cash pursuant to the Holdco #2 Merger. Without limiting the generality of the provisions of Section 10.04, for purposes of determining compliance with the conditions specified in this Section 5.01, each Lender that has signed this Credit Agreement shall be deemed to have consented to, approved or accepted or to be satisfied with, each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to a Lender unless the Administrative Agent shall have received notice from such Lender prior to the proposed Closing Date specifying its objection thereto.
Existing Preferred Stock. On the Effective Date, the Existing Preferred Stock shall be canceled and released without receiving any recovery on account thereof. Impaired; deemed to reject.
Existing Preferred Stock. 34 EXISTING SENIOR CREDIT FACILITY. . 34 EXPENSES . . . . . . . . . . . . . 34
Existing Preferred Stock. The Existing Preferred Stock in Foamex International shall be impaired. Each share of preferred stock in Foamex International to the extent still outstanding shall be converted into 100 shares of Additional Common Stock on the Effective Date and shall receive the treatment accorded to the holders of Existing Common Stock under the First Amended Plan. Existing Common Stock The Existing Common Stock in Foamex International shall be impaired. Existing Common Stock in Foamex International shall remain outstanding after the Effective Date, subject to dilution as a result of the issuance, if any, of additional shares of common stock pursuant to the (a) Rights Offering, including shares issued to the Significant Equityholders under the Call Option, if exercised, (b) the Management Incentive Plan, (c) the Key Employee Retention Plan and (d) the exercise of any employee stock options outstanding on and as of the Effective Date. The Company and the Reorganized Company will use its reasonable best efforts to maintain one or more market makers for its common stock, who will facilitate trading of the common stock on the OTC Bulletin Board (the “pink sheets”). Other Common Equity Interests in Foamex International The allowed other common equity interests in Foamex International, including options, warrants and rights related to the Debtor’s equity interests, shall be unimpaired and shall remain outstanding after the Effective Date. Intercompany Claims Intercompany claims shall be unimpaired and shall be reinstated upon the Effective Date.
Existing Preferred Stock. 2.01 Revolving Commitments and Revolving Pro Rata Shares
Existing Preferred Stock. 2.01 Commitments and Applicable Percentages
Existing Preferred Stock. The existing preferred stock of the Company shall have been converted to common stock.
Existing Preferred Stock. In exchange for the cancellation of all shares of EveryWare’s current outstanding preferred stock (the “Existing Preferred Stock”), holders of the Existing Preferred Stock shall receive shares, on a pro rata basis, equal to 2.5% of the total outstanding New Common Stock of Reorganized EveryWare upon the consummation of the Restructuring, subject to dilution by the Management Incentive Plan (defined below), provided that, in the event that any of the MCP Funds or any of the Clinton Funds objects to, delays, interferes with or otherwise impedes, directly or indirectly, the Restructuring (as defined in the RSA), including, but not limited to, the Plan (as defined in the RSA) or the DIP Facility, holders of the Existing Preferred Stock shall not receive (i) any recovery on account of those interests and holders of the Term Loans shall receive 100% of the New Common Stock or (ii) any releases under the Plan.
Existing Preferred Stock. (a) Amend, supplement or otherwise change (or agree to any amendment or other change to) the terms of the Series A Preferred Stock, the Special Preferred Stock (Northern California Division) or the Interim Series B Preferred Stock, if the effect of any such amendment, supplement or change is adverse to the Holders of Series B Preferred Stock or which confers any additional rights on the Series A Holders, the Special Preferred Holders or the Interim Series B Holders, including, without limitation, changes in the conversion rate, default, covenant, redemption, or repurchase provisions with respect to the Series A Preferred Stock, the Special Preferred Stock (Northern California Division) or the Interim Series B Preferred Stock, without, in each case, obtaining the prior written consent of the Holders of at least a majority of the then outstanding shares of the Series B Preferred Stock or (b) issue any shares of Interim Series B Preferred Stock.
Existing Preferred Stock
