Bondholder Shares definition

Bondholder Shares means (i) initially, 7,166,667 Class II, Series B Shares and 29,395,833 Class II, Series N shares of the Capital Stock of the Company, issued to the Equity Trust Trustee on behalf of the beneficial holders of the Existing Bonds pursuant to the Chapter 11 Plan (ii) and thereafter, such shares described in clause (i) plus any Additional Bondholder Shares.
Bondholder Shares means the Original Bondholder Shares and any Additional Shares issued in respect thereto or otherwise acquired by the Trustee for the benefit of the Agent or transferred by the Agent to the Trustee pursuant to the terms of this Trust.

Examples of Bondholder Shares in a sentence

  • If any tax or other governmental charge shall become payable by the Agent with respect to any Units (or Bondholder Shares or Sale Proceeds), or the transfer thereof, such tax or other governmental charge shall be shall be the responsibility of and, if applicable, payable solely and exclusively by the Holder of such Unit in accordance with applicable Law.

  • The Company shall not assume any obligation to the Holder or the Agent for the calculation, withholding, reporting, entering or payment of any taxes or governmental charges arising from the transfer of Units or upon any distribution made by the Company on account of the Bondholder Shares including, without limitation, the distribution of Sale Proceeds to the Agent pursuant to the terms of the Equity Trust Agreement.

  • If a proposed action or direction receives the Requisite Vote, the Agent shall instruct the Equity Trust Trustee or a proxy to vote all of the Bondholder Shares pursuant to and in accordance with the terms of the Equity Trust Agreement or take such action or exercise such right in accordance with the direction of the Holders representing the Requisite Vote.

  • The Agent acknowledges and agrees that it will look solely and exclusively to the Company for the payment of its fees and expenses hereunder and, therefore, it expressly agrees not to look to the Bondholder Shares, the Sale Proceeds or any other property of the Holders for any such payment.

  • Notwithstanding the foregoing, if, upon the sale of the Bondholder Shares in accordance with the Equity Trust Agreement, the fees and/or expenses of the Agent shall have remained unpaid by the Company for a period of thirty (30) days, the Agent may retain from the Sale Proceeds any such unpaid fees and expenses before distributing such Sale Proceeds to the Holders as herein provided.

  • For purposes of [subscribing and paying for additional shares of Capital Stock of the Company, as described in Annex 1 hereto] [voting the Bondholder Shares at the shareholder meeting described in Annex 1 hereto] [approving the written shareholder consent as described in Annex 1 hereto], please issue a proxy, with regards to the Bondholder Shares, to [Individual Name].

  • The Agent shall, if requested by the Equity Trust Trustee, deliver, at least 2 Business Days prior to the date of such meeting or event (or such sooner time as may be required by the Equity Trust Agreement), to the Equity Trust Trustee, copies of all instructions received from Holders in accordance with which the Agent will instruct the Equity Trust Trustee or a proxy to vote the Bondholder Shares, as applicable, pursuant to the Equity Trust Agreement, at such meeting or upon such event.

  • The Agent shall not be responsible for the calculation, withholding, reporting, entering or payment of any taxes or governmental charges arising from the transfer of Units or upon any distribution made by the Company on account of the Bondholder Shares including, without limitation, the distribution of Sale Proceeds to the Holders, except if required by applicable Law.

  • On the Effective Date, simultaneously with the execution of the Shareholders’ Resolutions, the Agent will execute and deliver to the Trustee an Accession Instrument and, pursuant to the terms thereof, the Trustee, for the purposes set forth herein, will receive all right, title and interest to the Original Bondholder Shares, free and clear of any Liens.

  • No Holder shall be entitled to receive a physical certificate representing Units, Trust Interests or Bondholder Shares, and each Holder’s ownership of Units shall be reflected only in accordance with the procedures of the Agent as set forth herein.

Related to Bondholder Shares

  • Stockholder Shares means the shares of common stock of the Company issued to Stockholder in accordance with the terms and conditions of the Reorganization Agreement, including such shares of common stock of the Company transferred from Stockholder to The Cendant Charitable Foundation, and any securities of the Company issued as a dividend on or other distribution with respect to, or in exchange for or replacement of, such common stock.

  • Founders’ Shares means 1,000 shares with a par value of $1 per share, 500 of which were issued to MACRO Securities Depositor, LLC and 500 of which were issued to Claymore Securities, Inc., in exchange for the Initial Deposit.

  • Founder Shares shall have the meaning given in the Recitals hereto and shall be deemed to include the shares of Common Stock issuable upon conversion thereof.

  • Insider Shares means all shares of Common Stock of the Company owned by an Insider immediately prior to the Company's IPO. For the avoidance of doubt, Insider Shares shall not include any IPO Shares purchased by Insiders in connection with or subsequent to the Company's IPO.

  • Key Holder Registrable Securities means (i) the shares of Common Stock held by the Key Holders, and (ii) any Common Stock issued as (or issuable upon the conversion or exercise of any warrant, right, or other security that is issued as) a dividend or other distribution with respect to, or in exchange for or in replacement of such shares.

  • Exchangeable Shares means the exchangeable shares in the capital of the Company, having the rights, privileges, restrictions and conditions set forth herein;

  • Registrable Shares means (i) the Warrant Shares, and (ii) any other shares of Common Stock issued in respect of such shares (because of stock splits, stock dividends, reclassifications, recapitalizations, or similar events); provided, however, that shares of Common Stock which are Registrable Shares shall cease to be Registrable Shares (i) upon any sale pursuant to a Registration Statement or Rule 144 under the Securities Act or (ii) upon any sale in any manner to a person or entity which, by virtue of Section 13 of this Warrant, is not entitled to the rights provided by this Warrant.

  • Subject Securities means: (a) all securities of the Company (including all shares of Company Common Stock and all options, restricted stock units, warrants and other rights to acquire shares of Company Common Stock) Owned by Stockholder as of the date of this Agreement; and (b) all additional securities of the Company (including all additional shares of Company Common Stock and all additional options, restricted stock units, warrants and other rights to acquire shares of Company Common Stock) of which Stockholder acquires Ownership during the Voting Period.

  • Subject Shares means that number of Shares set forth on the Securityholder’s signature page attached to this Agreement, being all of the Shares owned legally or beneficially, either directly or indirectly, by the Securityholder or over which the Securityholder exercises control or direction, either directly or indirectly, and shall further include any Shares issued upon the conversion, exercise or vesting, as applicable, of Convertible Securities or otherwise acquired by the Securityholder after the date hereof.

  • Class B Shares means the Class B ordinary Shares in the capital of the Company of $0.0001 nominal or par value designated as Class B Shares, and having the rights provided for in these Articles.

  • Class A Preferred Shares shall have the meaning ascribed to it in Section 2.4(a).

  • Covered Shares means, with respect to the Shareholder, (i) the Existing Shares, together with (ii) any shares of Common Stock or other voting capital stock of the Company and any securities convertible into or exercisable or exchangeable for shares of Common Stock or other voting capital stock of the Company, in each case under this clause (ii) that such Shareholder acquires Beneficial Ownership of on or after the date hereof.

  • Owned Shares means all shares of Company Common Stock and any other equity securities of the Company which are beneficially owned by Stockholder as of the date hereof, as set forth on Schedule I.

  • Lock-Up Securities shall have the meaning set forth in Section 4.1.

  • Preferred Shares means shares of Series A Junior Participating Preferred Stock, par value $.01 per share, of the Company having the rights and preferences set forth in the Form of Certificate of Designations attached to this Agreement as Exhibit A.

  • Parity Shares means the APS and each other outstanding series of Preferred Shares the holders of which, together with the holders of the APS, shall be entitled to the receipt of dividends or of amounts distributable upon liquidation, dissolution or winding up, as the case may be, in proportion to the full respective preferential amounts to which they are entitled, without preference or priority one over the other.

  • Investor Registrable Securities means (i) any Common Equity held (directly or indirectly) by an Investor or any of its Affiliates, and (ii) any equity securities of the Company or any Subsidiary issued or issuable with respect to the securities referred to in clause (i) above by way of dividend, distribution, split or combination of securities, or any recapitalization, merger, consolidation or other reorganization.

  • Public Shares means the Ordinary Shares included in the Units issued in the Public Offering; (vi) “Trust Account” shall mean the trust account into which a portion of the net proceeds of the Public Offering and the sale of the Private Placement Warrants shall be deposited; (vii) “Transfer” shall mean the (a) sale of, offer to sell, contract or agreement to sell, hypothecate, pledge, grant of any option to purchase or otherwise dispose of or agreement to dispose of, directly or indirectly, or establishment or increase of a put equivalent position or liquidation with respect to or decrease of a call equivalent position within the meaning of Section 16 of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission promulgated thereunder with respect to, any security, (b) entry into any swap or other arrangement that transfers to another, in whole or in part, any of the economic consequences of ownership of any security, whether any such transaction is to be settled by delivery of such securities, in cash or otherwise, or (c) public announcement of any intention to effect any transaction specified in clause (a) or (b); and (viii) “Charter” shall mean the Company’s Amended and Restated Memorandum and Articles of Association, as the same may be amended from time to time.

  • Purchaser Shares means the common shares in the capital of the Purchaser.

  • Class C Shares means the shares of Class C common stock of the Company.

  • Class A Shares means Class A ordinary shares, par value US$0.0001 per share, in the share capital of the Company.

  • Series B Preferred Shares means the Series B Preferred Shares of the Company, par value US$0.0001 per share.

  • Company Shares means the common shares in the capital of the Company;

  • Offering Shares means the shares of Common Stock issued to the Purchasers pursuant to the Subscription Agreements, and any shares of Common Stock issued or issuable with respect to such shares upon any stock split, dividend or other distribution, recapitalization or similar event with respect to the foregoing.

  • Investor Securities means the securities eligible for registration pursuant to the Registration Rights Agreement.

  • Company Securities means (i) the Common Stock, (ii) securities convertible into or exchangeable for Common Stock and (iii) any options, warrants or other rights to acquire Common Stock.