Examples of New Common Stock in a sentence
Such exemption specifically applies, without limitation, to (i) all actions, agreements and documents necessary to evidence and implement the provisions of, transactions contemplated by and the distributions to be made under this Plan or the Restructuring Documents, (ii) the issuance and distribution of the New Common Stock, and (iii) the maintenance or creation of security interests or any Lien as contemplated by this Plan or the Restructuring Documents.
The Stockholders Agreement shall be deemed to be valid, binding, and enforceable in accordance with its terms, and each holder of the New Common Stock shall be bound thereby, in each case without the need for execution by any party thereto other than Reorganized PHI, the parent company of the Reorganized Debtors.
The Management Incentive Plan shall provide for 10% of the New Common Stock on a fully diluted basis.
The total number of authorized shares of New Common Stock, as applicable, shall be adjusted as necessary to account for the foregoing rounding.
The offering, issuance, and distribution of any Equity Securities under the Plan, including any New Common Stock (or Foreign Holder Equity Securities) issued under the New Common Stock Class 2 Distribution and the New Common Stock Distribution, shall be exempt from, among other things, the registration requirements of section 5 of the Securities Act under section 1145(a)(1) of the Bankruptcy Code or, in the alternative, under section 4(a)(2) of the Securities Act.