Examples of Restructuring Shares in a sentence
Pursuant to the February 2020 Exchange Agreement and Fourth Amendment, the Borrower may, at Borrower’s option pay the Restructuring Fee (as defined in the February 2020 Exchange Agreement and Fourth Amendment) through the issuance of the Fourth Amendment Restructuring Shares (as defined in the February 2020 Exchange Agreement and Fourth Amendment).
The Consenting Creditors acknowledge that the Consenting Creditors must bear the economic risk of their respective investments in the Restructuring Shares and New Notes for an indefinite period of time since the Restructuring Shares and New Notes have not been registered under the 1933 Act and therefore cannot be sold unless they are subsequently registered or an exemption from registration is available.
Bus shall prevent any distribution of capital or profits by a member of the Group except to its 100% holding company or to all holders of Restructuring Shares in proportion to their holdings or Restructuring Shares and on identical terms.
Upon the date on which the Restructuring is completed by the issue of Restructuring Shares, and prior to the distribution of any Restructuring Shares to Consenting Noteholders or to the Controlling Shareholders, all Consenting Noteholders and the Controlling Shareholders shall enter into a new shareholders agreement in the agreed form (the “Shareholders’ Agreement”).
The approval of holders of the requisite number of the shares of Wyndham Common Stock outstanding on the Record Date for the Stockholders Meeting shall have been received for (i) the issuance of the Shares, the Restructuring Shares and the shares of Wyndham Common Stock issuable upon conversion of the Shares, (ii) the Pairing Termination, and (iii) the Wyndham Charter Amendment, in accordance with the requirements of the DGCL and the rules of the NYSE (the "Wyndham Stockholder Approval").
The exchange of the Notes for the Restructuring Shares will be implemented through the Restructuring Steps as described herein (including, without limitation, approval by the Current Shareholders at meetings of the Company’s shareholders of all necessary resolutions relating to the Restructuring).
The Subscriber will subscribe for the Restructuring Shares and shall be obliged to apply for all necessary permits to either the Polish SEC or other regulatory agency in connection with the subscription for the Restructuring Shares and the issuance and delivery to it of the Rights to Restructuring Shares and the re-distribution of the Rights to the Restructuring Shares among the Assigning Claim Holders.
As long as any Holder owns Series C Preferred Stock, Series D Preferred Stock, Conversion Shares or Restructuring Shares, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to Section 13(a) or 15(d) of the Exchange Act.
Borrower is required to file a Listing of Additional Shares notification with Nasdaq to cover the shares of Common Stock underlying the Warrants, the Fourth Amendment Restructuring Shares and any shares issuable pursuant to the conversion rights set forth in the First Out Waterfall Notes and the Second Lien Notes.
Each Consenting Noteholder acknowledges that each of them must bear the economic risk of their respective investments in the Restructuring Shares for an indefinite period of time since the Restructuring Shares have not been registered under the 1933 Act and therefore cannot be sold unless they are subsequently registered or an exemption from registration is available.