TBPP definition
Examples of TBPP in a sentence
A waiver from the Borrower to each of TCW Rescue Financing Fund II LP and Asilia Credit Fund, LP and their respective controlled affiliates issued on the Effective Date that neither the issuance of the Warrants nor the exercise of the Warrants will cause such holder or any of its Affiliates to be an “Acquiring Person” within the meaning of the TBPP.
Neither the issuance nor the exercise by TCW and any of its controlled Affiliates of their respective rights under Section 2 of the Warrant, in whole or in part, will result in the ability of any holder of Equity Interests of the Company to exercise the Rights (as defined in the TBPP (as defined below) under that certain Tax Benefits Preservation Plan dated as of January 29, 2024 between the Company and Equiniti Trust Company, LLC (as amended, the “TBPP”).
A waiver from the Borrower that neither the issuance of the First Amendment Warrants nor the exercise of the First Amendment Warrants will cause the holder thereof or any of its Affiliates to be an “Acquiring Person” within the meaning of the TBPP.
The TBPP Amendment shall also provide that a Distribution Date, Stock Acquisition Date, Section 11(a)(ii) Event or other Triggering Event (as each such term is defined in the TBPP) shall not be deemed to occur by virtue of, or as a result of, any of the transactions or events referred to in the preceding sentence.