Alternative Transaction

Alternative Transaction. Means the sale of Registrable Securities constituting less than 3% of Company Common Stock then outstanding to one or more purchasers in a registered transaction without a prior marketing process by means of (a) a bought deal, (b) a block trade, (c) a direct sale or (d) any other transaction that is registered pursuant to a Shelf Registration that is not a firm commitment underwritten offering.

Alternative Transaction. Any transaction for the acquisition of any Acquired Asset that is inconsistent in any material respect with the Restructuring and the transactions contemplated by this Agreement, in any form or structure whatsoever, whether by plan of reorganization (including any reorganization in which EME retains its interests in any of its direct or indirect subsidiaries other than the Homer City Debtors), offer, proposal, dissolution, winding up, liquidation, merger, consolidation, business combination,... joint venture, partnership, sale of assets, sale of stock, restructuring, refinancing or otherwise. For the avoidance of doubt, sales of Non-Core Assets shall not be deemed or construed to be Alternative Transactions View More

Alternative Transaction. Means any plan, dissolution, winding up, liquidation, sale or disposition, reorganization, merger or restructuring of the Company or its assets other than the Restructuring, as set forth herein, including the Term Sheet

Alternative Transaction. Means any plan of reorganization, liquidation, or sale of all or substantially all of the Company's assets other than the Restructuring and the Alternative Restructuring, as set forth herein;

Alternative Transaction. Any recapitalization, plan of reorganization, dissolution, winding up, liquidation, reorganization, merger, transaction, sale, disposition or restructuring of the Company (or any of its assets or stock) other than the Recapitalization contemplated pursuant to this Agreement and the Recapitalization Term Sheet

Alternative Transaction. Means the sale of Registrable Securities by means of (i) a bought deal, (ii) a block trade, (iii) a sale by the Hedging Counterparty or by a Lender to a Hedging Counterparty in connection with a Hedging Transaction, (iv) a direct sale or (v) any other transaction that is registered pursuant to the Registration Statement that is not a firm commitment underwritten offering.

Alternative Transaction. Means any dissolution, winding up, liquidation, receivership, assignment for the benefit of creditors, restructuring, reorganization, workout, material amendment, exchange, extension, sale, disposition, merger, amalgamation, acquisition, consolidation, partnership, plan of arrangement, plan of reorganization, plan of liquidation, investment, debt investment, equity investment, tender offer, refinancing, recapitalization, share exchange, business combination, joint venture or similar transaction... involving all or a material portion of the assets, debt or equity of the Company Parties and their respective subsidiaries (taken as a whole), that is not consistent with, or an alternative to, the Transactions. View More

Alternative Transaction. Any dissolution, winding up, liquidation, reorganization, receivership (or otherwise any enforcement of security over any of the shares or assets of any of the Company Entities), examinership, assignment for the benefit of creditors, merger, transaction, takeover, offer, reverse takeover, consolidation, business combination, joint venture, partnership, sale of assets or equity, financing (debt or equity), restructuring, settlement of Opioid Claims, or similar transaction of or by any of the... Company Entities, other than the transactions contemplated by and in accordance with this Agreement. View More

Alternative Transaction. Means any plan of reorganization, proposal, offer, dissolution, winding up, liquidation, reorganization, merger, consolidation, business combination, joint venture, partnership, sale process, or restructuring for the Company other than the Restructuring.

Alternative Transaction. Any dissolution, winding up, liquidation, reorganization, assignment for the benefit of creditors, merger, transaction, consolidation, business combination, joint venture, partnership, sale of assets, financing (debt or equity), restructuring or similar transaction of or by any of the Company Entities, other than the transactions contemplated by and in accordance with this Agreement