Examples of Arch Warrants in a sentence
Any modification of the Merger Agreement, the Arch Warrants, Arch Common Shares and Arch Class B Common Shares, and all other securities or agreements issued or entered into pursuant to this Plan after the Voting Deadline, shall be treated as a Plan modification and shall be governed by section 1127 of the Code.
Such Arch Warrants will be delivered to the Standby Purchaser and the Other Standby Purchasers, in accordance with the percentages specified in Column D of Annex I hereto.
Arch Warrants shall be issued and distributed in whole units, and not in fractional units.
The terms of the Arch Warrants are set forth in Exhibit B to the Merger Agreement.
In addition, if a Rights Offering Adjustment has occurred, Arch will issue Arch Participation Warrants (in lieu of Arch Warrants) directly to the Standby Purchasers in consideration of their agreement to execute the Standby Purchase Commitments.
Any modification of the Merger Agreement, the Arch Warrants, Arch Common Shares and Arch Class B Common Shares, and all other securities or agreements issued or entered into pursuant to the Plan after the Voting Deadline, will be treated as a Plan modification and will be governed by section 1127 of the Code.
Such Arch Warrants or Arch Participation Warrants, as the case may be, will be delivered to the Standby Purchaser and the Other Standby Purchasers, in accordance with the percentages specified in Column D of Annex I hereto.
As long as a Rights Offering Adjustment has not occurred, each such Right will, among other things, entitle the holder thereof to purchase a fraction of an Arch Warrant (such fraction to be determined in accordance with Schedule II to the Merger Agreement); if a Rights Offering Adjustment has occurred, no Arch Warrants will be included in the Rights.
Fractional shares will not be issued upon the exercise of Arch Warrants.
A holder of an Allowed Claim in Class 6, whether or not such Claim constitutes a "security" for federal income tax purposes, will have a tax basis in the Arch Capital Shares and Arch Warrants received upon its exercise of Rights received in satisfaction of its Claim, equal to the sum of (i) its basis in the Rights and (ii) the exercise price of such Rights, and will have a holding period in such Arch Capital Shares and, if applicable, Arch Warrants that begins on the date of exercise.