New Common Equity definition
Examples of New Common Equity in a sentence
Each of the Commitment Parties agrees that it will not elect to substitute any of the New Common Equity Interests (as defined in the Plan) allocated to it under the Plan for indebtedness under the Exit Facility (as defined in the Plan), as further described in the Plan.
Management Incentive Plan The New Board will adopt a management incentive plan reserving up to 10% of the New Common Equity (the “Management Incentive Plan”), with the initial grant being determined by the Required First Lien Lenders in consultation with (i) a compensation consultant reasonably acceptable to the Required First Lien Lenders and (ii) the Chief Executive Officer of the Company, with subsequent grants to be determined by the New Board.
The terms and conditions applicable to the Tag-Along Interest Holder in connection with the Tag-Along Sale shall not be less favorable than those terms and conditions applicable to the Selling Interest Holders (provided that in no event will the Tag-Along Interest Holders be required to provide an indemnity that exceeds their net proceeds from the sale of their New Common Equity or to agree to any non-compete covenant).
The Agreed Restructuring Plan shall provide that holders of the Secured Debentures shall receive payment in full in cash or such other treatment to render the holders of such claims unimpaired; provided that the Secured Debentures, to the extent reinstated, shall not be convertible into the New Common Equity.
The Sponsor Backstop Commitment Agreement will provide for, among other things, a commitment fee (the “Sponsor Backstop Fee”) of 6% of the $189.8 million Sponsor Backstop Amount payable to the Sponsor Backstop Parties on the Effective Date in an amount of New Common Stock in accordance with the percentage ownership of the New Common Equity Pool set forth on Annex I.