Examples of New HoldCo Common Shares in a sentence
The remaining 2.5% of the New HoldCo Common Shares shall be reserved for future grants.
There can be no assurance that New HoldCo Common Shares will qualify as regularly traded on an established securities market.
No fractional New HoldCo Common Shares shall be issued or distributed pursuant to the Plan.
The Confirmation Order (a) shall be, in form and substance, reasonably acceptable to the Debtors and the Required Consenting Creditors, (b) shall include a finding by the Bankruptcy Court that the New HoldCo Common Shares to be issued on the Effective Date will be authorized and exempt from registration under applicable securities law pursuant to section 1145 of the Bankruptcy Code, and (c) shall approve entry into the Exit Facility and New Second Lien Credit Agreement as provided in Article V of the Plan.
The Commission directs the Board to undertake necessary measures in terms of economic scheduling of working units in order to reduce SHR (station heat rate) from its existing level and increase the PLF to its optimal level.
If any distributions of New HoldCo Common Shares pursuant to the Plan would result in the issuance of a fractional share of New HoldCo Common Shares that is not a whole number, then the number of shares of New HoldCo Common Shares to be issued in respect of such distribution will be calculated to one decimal place and rounded up or down to the closest whole share (with a half share or greater rounded up and less than a half share rounded down).
ARP shall distribute 90% of the New HoldCo Common Shares to the Noteholders (subject to dilution for the Management Incentive Program) and the Senior Notes shall be cancelled.
A holder’s tax basis in its New HoldCo Common Shares will equal its fair market value on the Effective Date.
Moreover, certain matters will require the consent of the holders of at least majority of the outstanding New HoldCo Common Shares.
Certain Noteholders and Second Lien Lenders that will hold New HoldCo Common Shares constituting “control securities” or “restricted securities” that may not be sold without volume or manner of sale restrictions pursuant to Rule 144 under the Securities Act or otherwise (such securities, “Registrable Securities”), shall enter into the New HoldCo Registration Rights Agreement, to be attached as an exhibit to the Plan Supplement.