IDS Notes definition
Examples of IDS Notes in a sentence
In addition, the aggregate Market Price of all IDSs, Class A Common Stock and IDS Notes (without duplication) to be offered pursuant to Section 2.1(a)(i) and Section 3.7 (in connection with an offering pursuant to Section 2.1(a)(i)) must exceed $15 million as of the date following the last day ASLP Holders may request that IDSs be included in such offering under Section 3.7 before the Company is obligated to honor any such request.
The consideration for such redemption shall be comprised of (i) a number of Class A Holdings Units equal to the product of (x) the number of Class A Holdings Units held by ASLP immediately before the exercise of the Exchange Warrant, divided by the total number of ASLP Units then outstanding, and (y) the number of ASLP Units so exchanged, and (ii) Holdings Notes with a face amount equal to the aggregate face amount of IDS Notes issued pursuant to the pertinent exercise of the Exchange Warrant(s).
The Company will cause its subsidiaries to guarantee the IDS Notes so issued on a pari passu basis with its other outstanding IDS Notes.
The aggregate principal amount of Holdings Notes to be issued in such subscription shall equal the aggregate stated principal amount of IDS Notes issued in each IDS offering completed pursuant to Section 2.1.
In addition, the aggregate Market Price of all IDSs, Class A Common Stock and IDS Notes (without duplication) to be offered pursuant to Section 2.1(a)(ii) and Section 3.7 (in connection with an offering pursuant to Section 2.1(a)(ii)) must exceed $15 million as of the date following the last day Holdings Unit Holders may request that IDSs be included in such offering under Section 3.7 before the Company is obligated to honor any such request.
The Company will provide timely notice of the exercise of the Exchange Warrant to the Commission, DTC, any exchange upon which the IDSs and Common Stock are traded and to the public as required by applicable regulations in order to enable the Common Stock, IDS Notes and/or IDSs into which they may be combined to be issued as provided in this Section 1.4.
The agreements of the Company contained in the Exchange Warrant other than those applicable solely to the Exchange Warrant and the Holder thereof shall inure to the benefit of and be enforceable by any Holder or Holders at the time of any shares of Common Stock or IDS Notes issued upon the exercise of the Exchange Warrant, whether so expressed or not.
At such time as such exchange is deemed to have been effected, the Person or Persons in whose name or names the shares of Class A Common Stock and IDS Notes shall be issuable, and/or the IDSs into which they are combined, shall be deemed to have become the holder or holders of record thereof.
In the event at any time the Company shall issue shares of Class A Common Stock, Class B Common Stock, Class C Common Stock, IDS Notes or IDSs, as the case may be, for cash, the Company shall, except in connection with the issuance of IDSs to the extent used to fund redemptions of Class B Common Stock pursuant to Section 1.3(e) or 1.3(f), use the proceeds of any such issuance, net of reasonable expenses, to purchase Class A Holdings Units and/or Holdings Notes as applicable.
All IDSs, shares of Common Stock and IDS Notes shall be duly authorized and, when issued upon such exercise, shall be validly issued and, in the case of shares, fully paid and nonassessable with no liability on the part of the holders thereof.