IPO Transaction Steps

IPO Transaction Steps. Within five (5) Business Days of the IPO Transaction, the following transactions (in order of occurrence): (i) the Borrower will be renamed "Maxum Petroleum Finance Corp.", (ii) the merger of Maxum Merger Sub., Inc., a Delaware corporation and wholly-owned subsidiary of Maxum Petroleum Holdings, Inc., with and into the Borrower, with the Borrower as the surviving entity and the merger consideration being the issuance of the Capital Stock of Maxum Petroleum Holdings, Inc. to Holdings, (iii) the... merger of Holdings with and into Maxum Petroleum Holdings, Inc. with Maxum Petroleum Holdings, Inc. as the surviving entity and the merger consideration being the issuance of the Capital Stock of Maxum Petroleum Holdings, Inc. to the members of SPI Petroleum LLC immediately prior to such merger, and (iv) at such time, Maxum Petroleum Holdings, Inc. shall become "Holdings" as defined in this Agreement and the other Loan Documents. View More