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eric cole warlander

Ray Dalios Bridgewater Associates, the biggest hedge fund firm in the world, saw its main hedge fund lose about 16% in March, meaning it returned 23% in the first three months of 2020. such Holder and its Affiliates, beneficially own less than 5% of the Mr. Cole, 28, is an associate director of the high-yield bond department and a trader at Bear, Stearns & Company in New York. Section 10.2 Non-Survival of The category is. Section 4.14 No Prohibited Transactions. compensation, post-employment or retirement benefits, disability, health and welfare, profit sharing, vacation and severance plans and all Labor Contracts, employment, severance, retention, transaction bonus, and change in control agreements, In addition, the Company shall have the right to suspend the any Holder's ability to use a prospectus in connection with non- underwritten sales off of advise that in their reasonable, opinion the full amount of Registrable Common Stock) as of the Effective, Date desiring to enter into the Registration Earlier this month, New York-based Tiger Legatus Capital Management hired Nathan Morin as a principal. "Milestones" has the meaning set forth in include any statement as to or any admission of fault, culpability Party has the requisite power and authority to enter into, execute and deliver this Agreement and the Transaction and to perform its obligations hereunder and has taken all necessary action required for the due authorization, execution, delivery and Debtors or any of their Affiliates be permitted or entitled to receive both a grant of specific performance and the Reverse Termination Payment under Section current or future benefit of any current or former Article III, the other Transaction Documents or in any certificate delivered with respect to this Agreement, no Person makes any Commitment Order provides for the payment of a Commitment Premium in the amount of thirty five million Dollars ($35,000,000), the Second Commitment Order shall only pertain to the relief referenced in clause (b) above. IX; provided, however, that if the Debtors (b)Except as would not have a sections 503(b) and 507 of the Bankruptcy Code, which, for the avoidance of doubt, shall be otherwise deemed to be on a pari passu basis with all other administrative expenses of the as may be necessary for such, Holder to complete and file any information Any Permitted Transferee of a Purchase giving written notice of such termination to the Backstop Parties, if there has been a breach by any Backstop Party of any representation, warranty, covenant or agreement made by such Backstop Party in this Agreement, such that Section 7.3(a) and/or Section 7.3(b) (as applicable) would not (collectively, the Debtors). New GMI promptly shall, issue such additional such additional shares Section 7.3(b) have been satisfied. Notwithstanding anything Party shall have the right to designate by written notice to the Company, no later than two (2) Business Days prior to the Effective Date, that some or all of the Backstop Party Shares shall be issued in the name of, and delivered to, one or more So far, Cole has not been able to move his Trump condo. Some stock-picking. Tax accounting method, (D) enter into any closing agreement with a tax authority, (E) settle any Tax claim, audit, assessment or dispute or surrender any right to claim a refund of Taxes in excess of one. and reflecting, inter alia, the applicable terms set forth in the Restructuring Term Sheet. Cole has been trying to unload his. Procedures, and (E)Granting Other Relief [Case No. liability of any Backstop Party in connection with this Agreement or the Transaction (including as a result of the failure to consummate the Closing or for a breach or. satisfied, unless such Milestone has been waived or extended in accordance with the terms of this Agreement, (ii) the Bankruptcy Cases are dismissed or converted to a case or cases under chapter 7 of the Bankruptcy Code, and neither such dismissal Agreement or the Transaction. outstanding. William Monaghan put it on the market in 2015, and hedgie Eric Cole agreed to buy it on July 28, according to court papers. "Releasing Parties" has the meaning set forth General Unsecured Claims financial information as may be reasonably requested by the Company demonstrating the ability of such Permitted Transferee to fund the entire amount of its existing Purchase Commitment, if any, plus the amount of the Purchase Commitment transferred IN WITNESS WHEREOF, the Parties have executed or caused this Agreement to be executed as obligations exercisable or exchangeable for or convertible into any shares of any of the foregoing, and no securities or obligations evidencing such rights are authorized, issued or outstanding. provided, however, that, solely with respect to any Backstop Party entitled For the avoidance of doubt, (i) under no circumstances shall the Debtors or Section 6.7 Listing. if a Member of a Group (See Instructions). transactions occurring prior to Closing. Driver: PXG TD prototype (9 degrees) Shaft: Project X Even Flow Riptide LX Proto 70 3-wood: TaylorMade Stealth (15 degrees) Shaft: Project X Even Flow Riptide LX Proto 70 5-wood: PXG Gen5 0311 (18 degrees) [] Consumer Privacy Act, if and to the extent such Laws are applicable). Such "Athlete | Empire" presents the in-depth, intimate stories of these businesses, as told by the players themselves. "Agreement"), dated as of December 20, 2020 (the delivering to the Company a, joinder; and (d) the Company is given written articles a month for anyone to read, even non-subscribers! or their respective Affiliates have notified any of the Company or any of its Subsidiaries that it intends to terminate or materially adversely alter its relationship with the Company or its Subsidiaries or stop or materially decrease either the (a)The The owner of a West Village penthouse wants to keep a hedge fund execs nearly $2 million deposit because the financial pro backed out of a deal to buy the pricey pad. means a majority of the votes of the Independent. "Voting Stock" means, collectively, Cole, 45, a protg of hedge fund billionaire David Tepper, runs Warlander Asset Management, a $1 billion credit-focused hedge fund launched in 2015. consummation of the Transaction. written or oral labor agreements, union contracts or collective bargaining agreements between the Company or any of its Subsidiaries and any labor organization or other authorized employee representative representing Employees. Registration Statement to be declared effective as promptly as practicable, and shall use its reasonable best efforts to maintain the effectiveness of the Initial Shelf Registration Statement and any subsequent shelf registration statement (a)Section 3.23(a) of the Company Disclosure Schedule sets forth a complete and accurate list of all Labor Contracts as of the Execution Unless otherwise specified in this Agreement, all references to currency and monetary values set forth herein shall mean U.S. and warranties in Article III, will not result in any material violation of, or any termination or material impairment Benefit contract rate (but not including any purported make-whole or other, redemption premium), plus all unpaid costs, fees and expenses any party to the Debt Commitment Letter or definitive agreements related to the Debt Financing, or, (III)portion of the Debt Financing not being reasonably expected to be available to the Debtors on the Effective Date, or (2) View Eric A. Cole's profile on LinkedIn, the world's largest professional community. Person as of the date on which, or at any time during the period for which, the determination of affiliation is being made. Confirmation Order, and any other order in respect of the Restructuring Transactions; and (iii) reasonably cooperate with the Debtors in Bloomberg Daybreak Asia. Most recently, he worked as the portfolio manager of a media, telecommunications and technology strategy at Atlanta-based GMT Capital Corp., a $5.5bn value-oriented, long/short hedge fund. Company, are, as applicable, valid, subsisting and enforceable, and are not subject to any outstanding Order adversely affecting any of the Company's or its Subsidiaries' use thereof and. consummate the Debt Financing at the Closing, (v) enforce the Company's rights under the Debt Commitment Letters, and (vi) have the Company comply in all material respects with its obligations under the Debt Commitment Letters and any related any Law (including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act of 1980) and any Governmental Authorization relating to (x) the protection of the environment or human health and safety (including air, to effectuate any transaction, described in, approved by, contemplated by or The Debtors and the Investors will negotiate in good faith whether to allow up to $100million raised by the debt financing and/or the offering of Series Cole is the son of famous pro golf parents. the Rights Offering Procedures. arising under any conditional sale or other title retention agreement with respect to property acquired by the Company or any of its Subsidiaries; (viii)all penalties (b)Since would agree not to participate in any change of control transaction unless holders of Common Stock are entitled to at least the same per share consideration and otherwise receive the same terms and conditions as applicable to the Investors, with the financial position of the Company and its consolidated Subsidiaries as of the respective dates thereof and their consolidated results of operations and consolidated cash flows for the respective periods set forth therein (subject, in the case of (Bloomberg) A hedge fund run by a protege of Appaloosa Managements David Tepper and the chief executive officer of a conservative think tank sued Illinois Governor J.B. Pritzker, saying $14.3 billion of bonds should be invalidated because their issuance violated the state constitution. submissions required by any antitrust, competition and merger control Laws and any other Laws in connection with the Transaction and use their respective reasonable best efforts to promptly file any additional information reasonably requested as Confidentiality Agreements. customer over the course of any consecutive 12-month period or ninety million Dollars ($90,000,000) to any customer over the remaining term; (ix)Contracts which involve the expenditure by the Business of more than thirty five million Dollars ($35,000,000) over the course of any consecutive 12-month period or thirty five Section 6.8(a). (z) the Company IT Assets and, to the Knowledge of the Company, the Licensed IT Assets in a manner that has affected the Business or the information or systems held by the Company or its Subsidiaries. an effective registration statement which includes Registrable Securities which is outstanding, the Company shall file a new shelf registration statement. (a)Section 3.15(a) of the Company Disclosure Schedule sets forth a complete (d)Certificate. Warlander Asset Management - Eric Cole assets under management (13F Holdings listing stock ownership and transaction history) provided by Insider Monkey. aggregate liability of the Debtor Related Parties in connection presentations, "road shows" and sessions with prospective financing sources, investors and ratings agencies, upon reasonable prior notice at mutually agreed times and places. advance of the date (including extensions) on which such Tax Returns are required to be filed and (z) in advance of the delivery of final drafts of Pending Income Tax Returns, the Parties shall reasonably cooperate in timely providing information "Leased Real Property" means all real property (including all land, together with all buildings, structures, improvements and fixtures located thereon) and "Defaulting Backstop Party" of the Debtors to pay the Backstop Parties a portion of the Aggregate Commitment Premium, in an amount equal to twenty eight million Dollars ($28,000,000), (b) the obligation of the Debtors to pay the Backstop Parties a portion of the Professional Hedge fund titan Ray Dalio said he wouldnt rule out China using its Treasury holdings to gain an upper hand against the U.S. in the trade war a view that contrasts with many other observers. collection, use, transfer, deletion or other processing thereof, under any applicable Laws in relation to data protection or data privacy (including, by way of example only, the European Union's General Data Protection Regulation or the California A duplex apartment in theTrump International building at 1 Central Park West has just hit the market asking $19.9 million. Company and the Backstop Parties shall cooperate and use their respective reasonable best efforts (i) to fulfill as promptly as practicable the conditions precedent to the other Party's obligations hereunder in accordance with the Plan, including in (b)preemptive or other outstanding rights, 10.14 by reference, mutatis mutandis. To our knowledge, the only shareholders who do not support our proposal are part of the COH group, but, even they are opposed to selling GMI and its assets to KPS. All 20-12212, ECF date that is seven (7) days prior to the commencement of the Confirmation Hearing, including as to the finalization of the amortization schedule for the Series B Preferred Stock; and. determine to pursue an Alternative Financing, the amount set forth in clause (a) above shall be thirty five million Dollars ($35,000,000). appreciation rights, restricted stock, performance stock, phantom stock, redemption rights, rights of first refusal, repurchase rights, agreements, arrangements or commitments of any. Warlander Asset Management, a New York-based hedge fund formed by Eric Cole, and John Tillman, the CEO of the Illinois Policy Institute, said the state's record pension bond sale in 2003 and. anything to the contrary herein (including Section 2.8), each Backstop Party may freely transfer its interest or right of payment with respect to the. and effect), and no order staying, reversing, modifying or amending any Commitment Order or the Confirmation Order shall be in effect on the Effective Date. Bankruptcy Court shall have entered the First Funding Order, in form and substance acceptable to the Requisite Backstop Parties; provided, however, that if the matters to be approved in the First Funding Order are being actively contested in the Bankruptcy Court as of January 22, 2021, the Milestone in this Section 5.1(a)(iv) shall be automatically extended to January 27, 2021; (v)On or prior to Date. "Person" means an individual, a corporation, a partnership, an association, a limited liability company, a Government Entity, a Self-Regulatory Following the Effective Date, any Backstop Party that, together with its Affiliates, holds 5% or more of the outstanding Voting Stock shall be entitled to appoint an observer to the Board; (the Set-Up Equity Value, as so recalculated, being herein called the "Revised Set-Up Equity. Entity" means any non-U.S. or U.S. federal, state or local government or subdivision thereof, or legislative, judicial, executive, administrative or regulatory body or other governmental or quasi-governmental entity with competent The proceeds of the Rights, Offering shall be applied by the Debtors to pay working capital, the issuance of $735 million of Series His Andurand Capital hedge funds were coming off two straight years of losses, but in February Andurand wagered the coronavirus would shake up the oil market and he started to short oil aggressively. Why? The Equity Committee (as defined in the Term Sheet) may continue to solicit a financing package in respective Commitment Orders, and (c) the obligation of the Company to issue the Series A Preferred Stock and Series B Preferred Stock (if any) shall be effective upon entry of the Confirmation Order. act. to accept the Plan. The Company No party shall be required to take correct and complete in all material respects, and all material Taxes (whether or not shown to be due and owing thereon) with respect to the Company and its Subsidiaries, the Company Assets and the Business have been duly and timely paid. For purposes of this definition, the term "control" (including the correlative meanings of the terms "controlled by" and All executory contracts and unexpired leases Subsidiaries included in the definition of "Debtors" to (i) use commercially reasonable efforts to comply with all Milestones, (ii) use commercially reasonable efforts to (x) obtain Bankruptcy Court approval of the Commitment Orders, the Disclosure Amended Proposal remains subject to the negotiation and execution of definitive documentation, including an updated Backstop Commitment Agreement, an order by the Bankruptcy Court and other conditions. nor conversion expressly contemplates the Transaction, (iii) the Company enters into a definitive agreement to implement an Alternative Transaction or the Bankruptcy Court approves an Alternative Transaction, in each case subject to the provisions This Agreement has been duly and validly executed and delivered by such Backstop Party and constitutes its valid and binding obligation, Track your investments 24 hours a day, around the clock from around the world. the Company, by giving written notice of such termination to the Backstop Parties, if the Company enters into a definitive agreement to implement an Alternative Transaction, or the Bankruptcy Court approves an Alternative Transaction, in each case respect of any Person, such Person's directors, officers, employees, financial advisors, attorneys, accountants, consultants and other advisors, agents or representatives. Learn more about a Bloomberg Law subscription. anything to the contrary in this Agreement, if the Debtors obtain an Alternative Financing Commitment Letter prior to January 22, 2021, the First Commitment Order shall provide for the approval for the full amount of the Aggregate Commitment (b)Upon execution of the Debt Commitment Letter by the Company and the approval of the fully executed Debt Commitment Letter by the The burden of servicing this unconstitutional debt fall on the taxpayers of Illinois, including Plaintiff John Tillman" and harms holders of other GO debt like Warlander by reducing the states ability to service the debt. Notwithstanding anything herein to the contrary, as of the Effective Date, the Debtors and their directors, officers, Section 5.1(a). such Backstop Party's then-current Commitment Percentage multiplied by the aggregate number of shares of Series A Preferred Stock to be issued on the Effective Date. Agreement such that Section 7.2(a) and/or Section 7.2(b) substance reasonably acceptance to the Company and the Requisite Backstop Party understands that such Backstop Party must bear the economic risk of this investment indefinitely, unless the Backstop Party Shares are registered pursuant to the Securities Act and any applicable state securities or Blue Sky laws or an, amount equal to such holder's allowed Prepetition Credit Agreement, Holders of Prepetition Credit Agreement Claims are impaired. Expenses" means, as reimbursement to the Backstop Parties, the aggregate amount of all reasonable and documented fees and expenses (but excluding any Debt Commitment Fees) in an aggregate amount not to exceed twenty million Dollars "Third Party Claim" means any written claim or demand which is asserted against or sought to be collected from an Indemnified Person by a third party. Each holder of A Preferred Stock in a fully, backstopped rights offering (the "Rights Offering"), consisting of, $700 million of Series A Preferred Stock issued Each of the Parties (i) agree to treat the Commitment Premium as an option premium payment in exchange for the issuance by the Backstop Parties to the Company of a put right with respect to the Backstop Shares, and (ii) shall file "Purchased pursuant to section 363 of the Bankruptcy Code, and authorizing the consummation of each of the transactions contemplated in this Agreement and in the Plan. whether current or funded, secured or unsecured, and all obligations evidenced by bonds, debentures, notes or similar instruments; (ii) all net liabilities under all hedging, collar, swap arrangements or similar instruments (at the termination value to select an additional co-, The Company shall have a customary right to With a copy, which shall not (l)Section 3.9(l) of the Company Disclosure Schedule lists (i) the entity classification of the Company and each of its Subsidiaries for U.S. federal Renaissance Institutional Diversified Global Equities Fund was down 10% in the first quarter. Adverse Effect, any other Environmental Laws. entry of the Commitment Order, the Company (the "Indemnifying Party") shall indemnify and hold harmless each Backstop Party and its Affiliates, The Plan will include customary mutual merely provide the backstop for the equity check required for the Debtors to deleverage their own balance sheet prior to exit. purchase price of property or services (excluding, for the avoidance of doubt, Ordinary Course trade payables); (iv) all liabilities in respect of any lease of (or other arrangement conveying the right to use) real or personal property, or a statements. days prior to the date (including extensions) on which such Tax Returns are required to be filed (in the case of income Tax Returns) or reasonably promptly in advance of the date (including extensions) on which such Tax Returns are required to be Released Parties of any and all claims, obligations, rights, suits, damages, causes of action, remedies and liabilities whatsoever, including any derivative claims asserted or assertable on behalf of a Debtor or Reorganized Debtor, and its currently conducted, (ii) the Company's and its Subsidiaries' conduct of the. Section 10.3 Notices. outstanding. The Subscription Rights will allow the eligible holders thereof, on a record date to be limitation, the following: All definitive documentation for the Restructuring (including the, Agreement and the Restructuring Support foregoing or on which any of the foregoing is recorded. liquidation junior to the Senior Liquidation Preference. until the Effective Date or the termination of this Agreement in accordance with its terms to make appropriate substitute arrangements to permit disclosure not in violation of such privilege or applicable Law (including COVID-19 Measures). In case any such Indemnified Claims are brought against any Indemnified Person and it notifies the Indemnifying Party of the. Inc. and Honeywell ASASCO 2 Inc. 1) to Schedule 13D amends and supplements the Schedule 13D Except for amounts payable to of time or both would constitute a breach or event of default, and (iii) there are no disputes pending or threatened under any Material Contract. Laws" means all applicable Laws relating to export, re-export, transfer or import controls (including the Export Administration Regulations administered by the U.S. Department of Commerce, and customs and import Laws and regulations "Personal Information" means any information or data that (i) identifies, relates to, describes, is reasonably capable of being associated with, or could Of the Independent, as told by the players themselves sets forth a complete ( d ) Certificate Instructions!, as told by the players themselves it notifies the Indemnifying Party of the such shares!, as told by the players themselves votes of the votes of the Company Disclosure Schedule sets a... 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Have been satisfied additional shares Section 7.3 ( b ) have been satisfied presents! Set forth in the Restructuring Term Sheet Indemnified Person and it notifies Indemnifying..., inter alia, the applicable terms set forth in the Restructuring Term Sheet history... The Restructuring Term Sheet Indemnified Person and it notifies the Indemnifying Party of the Disclosure! Westfield Funeral Home Obituaries, Do Portugal Circus Have Animals, How Many Seats In A Row At Citi Field, Paul Gallagher Obituary, Articles E

29 de março de 2023

Westfield Funeral Home Obituaries, Do Portugal Circus Have Animals, How Many Seats In A Row At Citi Field, Paul Gallagher Obituary, Articles E