Unsubscribed Shares definition

Unsubscribed Shares means the Rights Offering Shares that have not been duly purchased by the Rights Offering Participants in accordance with the Rights Offering Procedures and the Plan.

Unsubscribed Shares shall have the meaning set forth in Section 2(b) hereof.

Unsubscribed Shares has the meaning set forth in the recitals hereto.

Examples of Unsubscribed Shares in a sentence

• The Reserved Shares and the Unsubscribed Shares will be “restricted securities” subject to resale restrictions and may be resold, exchanged, assigned, or otherwise transferred only pursuant to registration or an applicable exemption from registration 22-10760-dsj Doc 1746 Filed 04/03/23 EntePg 50 of 9red 04/03/23 16:30:56 Main Document 7under the Securities Act and other applicable law.

• The offer (to the extent applicable), issuance, and distribution of the Reserved Shares and the Unsubscribed Shares shall be exempt (including with respect to an entity that is an “underwriter” as defined in subsection (b) of section 1145 of the Bankruptcy Code) from registration under the Securities Act pursuant to Section 4(a)(2) thereof and/or Regulation D thereunder.

More Definitions of Unsubscribed Shares

Unsubscribed Shares means the Selling Stockholders Unsubscribed Shares, the Company Unsubscribed Shares and the Undistributed Shares.

Unsubscribed Shares means as defined in Section ‎5.7(c).

Unsubscribed Shares means the Shares, other than (i) the Shares issuable pursuant to the Rights that were properly exercised by the Rights Holders during the Rights Exercise Period pursuant to the Basic Subscription Right and the Oversubscription Right (but excluding any Available Direct Subscription Shares) and (ii) Cash Recovery Subscription Equity.

Unsubscribed Shares means the number of Shares not purchased in connection with the Subscription Offering.

Unsubscribed Shares means shares of Rights Offering Equity that are not timely, duly, and validly subscribed and paid for by the holders of Allowed Notes Claims in accordance with the applicable Rights Offering Procedures.

Unsubscribed Shares means an aggregate number of shares of New Common Stock equal to 72,900,000 minus the number of shares of New Common Stock offered pursuant to the Rights Offering and purchased on or before the expiration time of the Rights Offering.

Unsubscribed Shares means any Offered Shares that are not purchased by 1145 Eligible Holders or Accredited Investor Eligible Holders in the Rights Offerings.