Hercules Common Stock definition

Hercules Common Stock means the shares of common stock of Hercules Offshore, Inc. provided as part of the Aggregate Consideration from Purchaser under the APA.

Hercules Common Stock means the common stock, par value $0.01 per share, of Hercules Parent.

Hercules Common Stock has the meaning assigned to such term in Section 3.01(b).

Examples of Hercules Common Stock in a sentence

• Such U.S. holder’s holding period for the Hercules Common Stock received will include the period during which such U.S. holder held the Interest.

• The Bankruptcy Court shall retain jurisdiction to determine any dispute over the valuation of the Hercules Common Stock.

• Likewise, none of the chief executive officers of the Group’s business divisions and the Group CEO are related to each other, and neither is there any other business relationship between or among them.

• Additionally, on the Effective Date, the Escrow Agent shall continue to hold the Hercules Common Stock on behalf of the Reorganized Debtors for later Distribution to holders of Allowed Claims and Interests.

• Such U.S. holder’s holding period for the Hercules Common Stock received will include the period during which such U.S. holder held the Claim (except that the holding period for Hercules Common Stock received that is attributable to accrued but unpaid interest will begin on the day after the Effective Date).

• After the Effective Date, each Reorganized Debtor shall continue to maintain its corporate existence solely for the purpose of implementing the Plan and until Distributions by the Reorganized Debtors in cooperation with the Escrow Agent of all Hercules Common Stock to creditors and interest holders in exchange for their Claims and Interests have been made.

• Thereafter, (i) the Liquidating Trustee shall make all Distributions of Cash to the holders of Allowed Claims and Interests, as applicable, in accordance with the provisions of this Plan and the Liquidating Trust Agreement and (ii) the Escrow Agent, on behalf of the Reorganized Debtors, shall make all Distributions of Hercules Common Stock to the holders of Allowed Claims and Interests, as applicable, in accordance with the provisions of this Plan.

• Additionally, under the Plan, the transfer of the Purchased Assets to the Purchaser, the vesting of the Hercules Common Stock in the Reorganized Debtors and the transfer of the Liquidating Trust Assets to the Liquidating Trust shall be free and clear of any and all liens, claims, encumbrances and interests, with any such liens, claims, encumbrances and interests attaching to the proceeds of those assets in the same priority as they existed with respect to those assets.

• Five business days in advance of any Distribution Date set by the Plan or later declared by the Reorganized Debtors or the Liquidating Trustee (each such date a “Hercules Common Stock Value Date”), the Hercules Common Stock Value shall be calculated by determining the average closing price of the common stock of Hercules as quoted on the NASDAQ Global Select Market exchange3 for the twenty (20) trading days preceding such Hercules Common Stock Value Date.

• If the Claim is a “market discount bond” in the hands of such U.S. holder, any gain recognized will generally be treated as ordinary income to the extent of any accrued “market discount” that has not previously been included in income by such U.S. holder (and such U.S. holder may be required to recognize any accrued “market discount” not recognized in the transaction upon a subsequent taxable disposition of Hercules Common Stock received).