Examples of Xxxxx Act Warrants in a sentence
Unless otherwise requested by the Requisite Commitment Parties, the Company shall use commercially reasonable efforts to promptly make all Common Shares and Xxxxx Act Warrants deliverable to the Commitment Parties eligible for deposit with The Depository Trust Company.
The Company also agrees to cooperate with the Commitment Parties in connection with investigation of a possible listing of the Xxxxx Act Warrants on a stock exchange.
For the avoidance of doubt, Common Shares and Xxxxx Act Warrants issued pursuant to the 1145 Rights Offering and Common Shares issued in satisfaction of the Commitment Premium shall not include the Legend.
It is seen as an important strategic move by processors in their attempt to add value to a product which has been much hurt by cost cutting and intense price competition over the past years.
Holders of Xxxxx Act Warrants shall be entitled to notice of, and have the right to attend any Stockholders Meeting to the same extent as if such holder of Xxxxx Act Warrants was a holder of Common Stock, and, in this respect, shall be provided with all notices and documentation (including the agenda, minutes, committee reports and other documentation) for such Stockholders Meeting but shall not be entitled to vote on any matters presented at any such meeting.
The Company shall authorize and reserve a sufficient number of Common Shares to be issued upon the exercise of the Xxxxx Act Warrants.
Such Xxxxx Act Warrants shall have the terms and be subject to the restrictions as are set forth in the Plan.
Subject to Section 2.2 and subject to compliance with the Xxxxx Act, the Company and each of the Securityholders agree that in the event the Board determines to return capital or any other amounts to the Securityholders, the Company shall do so by offering to redeem or otherwise repurchase shares of Common Stock and Xxxxx Act Warrants on a pro rata basis (determined by reference to the relative ownership of the then-outstanding Fully Diluted Securities as of the date of such redemption or repurchase).
For the avoidance of doubt, any holder of Allowed Claims to which Xxxxx Act Warrants are issued shall remain obligated to pay the same purchase price therefor and to make such payment at the same time and otherwise on the same terms and conditions as if such holder were purchasing shares of New Equity pursuant hereto.
A motion was made by Member Crowley to accept the audit report for FY09 as presented; seconded by Member Barlow and was unanimously approved.