Examples of TERP Class A Shares in a sentence
Documents sufficient to evidence whether the Debtors and the Backstop Purchasers have determined that the number of Excess New TERP Class A Shares is or is not “more than a de minimis amount” and the factors the Debtors considered in making any suchdetermination.• There are no such documents that exist.• The Debtors have determined in their business judgement that the number of Excess New TERP Class A Shares are more than a de minimis amount.
Documents sufficient to evidence whether the 5,425,725 shares noted in paragraph 19 of the Status Report obtained by exercise of the TERP Incremental Share Right are included in the total 34,258,962 TERP Class A Shares obtained by Debtors as a result of the TERPMerger.• The CRO Status Report [Docket No. 4177].5.
Placing orders which may result in the cardholder obligating or expending funds in excess of their GPC funding limitations or in advance of funding being made available to the cardholder.
To the extent that such Buyer and TERP do not agree to such purchase during such Notification Period, such Buyer may enter into definitive documentation to sell such TERP Class A Shares to one or more third parties pursuant to the Registration Rights Agreement or otherwise within the subsequent sixty (60) day period following such Notification Period.
Please note that the Distribution Registration Form must be executed by the entity that will receive the Continuing TERP Class A Shares, the New SUNE Common Stock and the Reinstated Second Lien Claim Amount.
Additionally, the company may not trade or negotiate with a counterparty without the express approval of the management’s Risk Committee.
The Debtors are offering, issuing, and/or distributing Securities pursuant to the Plan, including offering, issuing, and/or distributing New SUNE Common Stock and Continuing TERP Class A Shares in good faith reliance upon exemption from the registration requirements of the Securities Act and similar state statutes pursuant to and subject to Section 1145, Section 4(a)(1), and Section 4(a)(2).
Documents sufficient to evidence whether more than 25% of the Excess TERP Class A Shares will be allocated to the Backstop Purchasers in their capacity as such despite the 12th “Whereas” clause and Section 4 of the ECA which, as described in paragraph 16 of the Status Report, provide that 75% of anyexcess New TERP Class A Shares resulting• There are no such documents that exist.from the Incremental TERP Share Right shallbe applied 75% to the Rights Offering and 25% to the Direct Equity Offering.
An Eligible Holder shall not be entitled to participate in the offering of the Incremental New TERP Class A Shares unless it also participates in the offering for the Rights Offering Shares, and such participation must be on the same proportionate basis as such Eligible Holder’s purchase of the Rights Offering Shares.
In connection with the Plan, the Company shall issue Rights to (i) purchase 67.5% of the shares of New SunE Common Stock to be issued in the aggregate under the Plan and 67.5% of the shares of New TERP Class A Shares it holds immediately following the TERP Merger to the Eligible Claimholders for a price per New Unit equal to the Purchase Price, and (ii) in the case of Non-Roll Up Second Lien Secured Parties only, reinstate a portion of their respective prepetition secured claims against SunEdison, Inc.