Settlement Consideration definition

Settlement Consideration means the settlement payments and distributions set forth in section 2.3 of this Agreement.

Settlement Consideration means (i) Cash totaling $300 million, (ii) that number of Class A Shares equivalent to $150 million at Plan value (after giving effect to the Rights Offering),subject to dilution on account of the Equity Compensation Plan and the New Warrants;2 (iii) rights to proceeds from the net recoveries on Non-Settling Defendant Claims (subject to Section 5.8(e) hereof with respect to any Excess Recoveries), (iv) 90% of any net recoveries on Assigned Preference Claims from the Litigation Trust (subject to Section 5.7(c) hereof with respect to any Excess Recoveries),3 and (v) any net recoveries on the State Law Avoidance Claims (subject to Section 5.8(c) hereof with respect to any Excess Recoveries); provided, however, that, notwithstanding the foregoing, and in all events, distributions to the holders of 2015 Notes Claims shall be made only upon satisfaction of the 2015 Notes Plan Conditions, and upon the failure of such conditions, any distributions otherwise intended for distribution to the holders of the 2015 Notes Claims shall be made to the Reorganized Debtors (in the case of (i), (ii) or (iv) above) or the remaining Allowed General Unsecured Claims (in the case of any other recoveries).

Settlement Consideration means that consideration set forth in Paragraph 5.

Examples of Settlement Consideration in a sentence

• In addition to the Settlement Consideration, CDK agrees to pay Notice and Claims Costs.

• CDK shall fund the Settlement Consideration into the Escrow Account no later than thirty (30) days after the Court’s preliminary approval of the settlement.

• CDK’s sole monetary obligation under the Settlement shall be for CDK to pay the Settlement Consideration, and CDK shall not be obligated to pay any other amounts (except for the Notice and Claims Costs).

• Class Counsel may make an application for an award of fees 10 not to exceed one third of the Settlement Consideration and an award of expenses 11 not to exceed $150,000.00.

• Dealership Class Lead Counsel will provide complete and accurate payment instructions and a W-9 for payment of the Settlement Consideration and Notice and Claims Costs into the Escrow Account.

More Definitions of Settlement Consideration

Settlement Consideration means the acts set forth in Paragraphs 2.1 to 2.9 herein.

Settlement Consideration means the consideration transferred to the holders of Existing Equity Interests in exchange for the release by such holders of the Released Parties, consisting of (i) 4.5% of the New Common Stock, subject to dilution by the Management Incentive Plan, Warrants and the Rights Offering Equity and (ii) the Warrants.

Settlement Consideration means the sum of: (i) the Cash Settlement Amount; (ii) the Settlement Shares; and (iii) the Settlement CVRs, which aggregate amount shall include all attorneys’ fees and Litigation Expenses, and all costs related to Notice and Administration Expenses.

Settlement Consideration means Warrant Shares.

Settlement Consideration means that consideration set forth in Section 4.

Settlement Consideration means the consideration provided to Fluor through the Settlement as set forth in Paragraphs 1.1 through 1.3 below and the attached Exhibit E.

Settlement Consideration means that consideration set forth in Paragraph 5 below.