Common use of Conversion into equity Clause in Contracts

Conversion into equity. (a) In the event that the equity of any Intercompany Debtor at any time prior to the Final Discharge Date is less than half of its registered share capital, each Intercompany Creditor shall, as soon as reasonably practical, take any action required in order to convert the Intercompany Debt (or part thereof) into equity through unconditional capital contributions (Sw. ovillkorade aktieägartillskott) or similar arrangements applicable in the jurisdiction of incorporation of such Intercompany Debtor in an amount sufficient to ensure that the equity of the relevant Intercompany Debtor is at least equal to its registered share capital. For the avoidance of doubt, the obligations of each Intercompany Creditor under this Agreement are several. No Intercompany Creditor is responsible for the obligations of any other Intercompany Creditor. (b) Any Intercompany Debt may be converted into equity through unconditional capital contributions or similar arrangements applicable in the jurisdiction of incorporation of such Intercompany Debtor by the Intercompany Creditor, provided that (i) the Security Agent has given its prior written consent (acting on the instruction of, prior to the Senior Discharge Date, the Super Senior RCF Agent (acting in its sole discretion)) and (ii) the shares in the Intercompany Debtor in relation to such Intercompany Debt is subject to Transaction Security in favour of the Secured Parties.

Appears in 2 contracts

Sources: Intercreditor Agreement, Intercreditor Agreement