Holder of Notes. The Holder of this Note may elect to have this Note or a portion hereof in an authorized denomination purchased by completing the form entitled "Option of Holder to Require Purchase" appearing below and tendering this Note pursuant to the Change of Control Offer. Unless the Company defaults in the payment of the Change of Control Payment with respect thereto, all Notes or portions thereof accepted for payment pursuant to the Change of Control Offer will cease to accrue interest (and Special Interest, if any) from and after the Change of Control Purchase Date.
Holder of Notes. The Owner is the owner and holder of the notes evidencing the debt under the Mortgage Loans (with each note either endorsed in blank or endorsed to Owner), and is the beneficiary or mortgagee of record of the mortgage or deed of trust securing such Mortgage Loans.
Holder of Notes. The holder of this Note may elect to have this Note or a portion hereof in an authorized denomination purchased by completing the form entitled "Option of Holder to Require Purchase" appearing below and tendering this Note pursuant to the Change of Control Offer. Unless the Company defaults in the payment of the Change of Control Purchase Price with respect thereto, all Notes or portions thereof accepted for payment pursuant to the Change of Control Offer will cease to accrue interest and Additional Amounts, if any, and Special Interest, if any, from and after the Change of Control Payment Date. Subject to the limitations set forth in the following paragraph and the Indenture, if at any time the Company or any Restricted Subsidiary engages in any Asset Sale, as a result of which the aggregate amount of Excess Proceeds exceeds $5,000,000, the Company shall, within 30 calendar days of the date the amount of Excess Proceeds exceeds $5,000,000, use the then-existing Excess Proceeds to make an offer to purchase from all Holders, on a pro rata basis, Notes in an aggregate principal amount equal to the maximum principal amount that may be purchased out of the then-existing Excess Proceeds, at a purchase price in cash equal to 100% of the principal amount thereof on any Asset Sale Payment Date, plus accrued and unpaid interest thereon, if any, and Additional Amounts, if any, and Special Interest, if any, to the Asset Sale Payment Date, provided that Excess Proceeds attributable to assets not constituting Collateral (as defined in the Indenture) must be used first to make an Asset Sale Offer pursuant to the Senior Note Indenture (as defined in the Indenture) unless the Senior Notes are no longer outstanding and the Senior Note Indenture has been satisfied and discharged, and then to make an Asset Sale Offer for the Notes, if there remain Excess Proceeds after the Asset Sale Offer for the Senior Notes has been completed. Upon completion of an Asset Sale Offer (including payment of the Offer Purchase Price for accepted Notes), any surplus Excess Proceeds that were the subject of such offer shall cease to be Excess Proceeds, and the Company may then use such amounts for general corporate purposes. Notwithstanding the paragraph above, the Company will not be obligated to repurchase Notes in connection with an Asset Sale Offer representing in the aggregate more than 25% of the original aggregate principal amount of the Notes (which original aggregate principal amount sh...
Holder of Notes. The Owner is the owner and holder of the Mortgages, Mortgage Notes, and servicing rights thereto, (with each note endorsee to Owner), and is the beneficiary or mortgagee of record of the Mortgage securing such Mortgage Loans. The servicing responsibilities contracted for as of the related Transfer Date have not been assigned or pledged, and the Owner has good and marketable interest therein, and has full right to transfer the servicing responsibilities to the Servicer free and clear of ant encumbrance, equity, interest, lien, pledge, charge, claim or security interest, and has full right and authority subject to no interest, or agreement with, any other party, (other than any notice required by law, regulation or otherwise, to be delivered to the Mortgagors) to assign the servicing responsibilities pursuant to this Agreement. Flow Special Servicing Agreement 29
Holder of Notes. Holder" means the persons registered in the Register kept by the Registrar and holding a beneficial interest or right in the Notes.
Holder of Notes. Agent may deem and treat the payee of any Note as the owner thereof for all purposes hereof unless and until a written notice of the assignment or transfer thereof shall have been filed with Agent. Any request, authority or consent of any Person who, at the time of making such request or giving such authority or consent, is the holder of any Note, shall be conclusive and binding on any subsequent holder, transferee or assignee of such Note or of any Note or Notes issued in exchange therefor.
Holder of Notes. 4 Noteholder.............................................. 4 IAI ..............................................
Holder of Notes except as ordered by a court of competent jurisdiction or otherwise required by law and regardless of any notice of ownership, trust or any other interest therein, any writing on the Note Certificate relating to any Note by any person (other than a duly executed form of transfer) or any notice of any previous loss or theft thereof, but subject to Clause 8.1.1, treat the registered Holder of any Note as its absolute owner for all purposes and make payments thereon accordingly;
Holder of Notes. Holder" means any holder of a proportionate co-ownership or other beneficial interest or right in the Notes.
Holder of Notes. The Purchasers represent that they are the sole owners and holders of the Existing Notes.
