Qualified Marketmaker. (a) A Qualified Marketmaker (as defined below) that acquires any of the Notes solely with the purpose and intent of acting as a Qualified Marketmaker for such Notes, shall not be required to execute and deliver a Joinder or otherwise agree to be bound by the terms and conditions set forth in this Agreement if such Qualified Marketmaker substantially concurrently with such acquisition transfers such Notes (by purchase, sale, assignment, participation, or otherwise) to a Consenting Noteholder or other permitted joining party that properly executes and delivers a Joinder pursuant to Section 3(f) hereof; and (b) to the extent any Party who has signed this Agreement is acting in its capacity as a Qualified Marketmaker, such Party may transfer any Note that it acquires from a holder of the Notes that is not a Consenting Noteholder to a transferee that is not a Consenting Noteholder at the time of such transfer without the requirement that such transferee be or become a Consenting Noteholder. For the purposes of this Agreement, “Qualified Marketmaker” means an entity that (x) holds itself out to the market as standing ready in the ordinary course of its business to purchase from customers and sell to customers claims against the Company (including debt securities or other debt) or enter with customers into long and short positions in claims against the Company (including debt securities or other debt), in its capacity as a dealer or market maker in such claims against the Company and (y) is in fact regularly in the business of making a market in claims against issuers or borrowers (including debt securities or other debt).
Qualified Marketmaker. (a) A Qualified Marketmaker (as defined below) that acquires any of the Notes solely with the purpose and intent of acting as a Qualified Marketmaker for such Notes, shall not be required to execute and deliver a joinder or otherwise agree to be bound by the terms and conditions set forth in this Agreement if such Qualified Marketmaker substantially concurrently with such acquisition transfers such Notes (by purchase, sale, assignment, participation, or otherwise) to a Consenting Noteholder or other permited joining party that properly executes and delivers a joinder to this Agreement pursuant to Section 3(c); and (b) to the extent any Party who has signed this Agreement is acting in its capacity as a Qualified Marketmaker, such Party may transfer any Note that it acquires from a holder of the Notes that is not a Consenting Noteholder to a transferee that is not a Consenting Noteholder at the time of such transfer without the requirement that such transferee be or become a Consenting Noteholder. For the purposes of this Agreement, “Qualified Marketmaker” means an entity that
Qualified Marketmaker. Notwithstanding anything contained in this Article IV to the contrary, (a) a PSA Creditor may Transfer any GO Interests, PBA Interests, or the PRIFA BANs to a Qualified Marketmaker, acting in its capacity as a Qualified Marketmaker, without the requirement that such Qualified Marketmaker be or become a PSA Creditor; provided that such Qualified Marketmaker subsequently Transfers all such GO Interests, PBA Interests, or the PRIFA BANs to a PSA Creditor or a Qualified Transferee within the date that is twenty (20) Business Days after such Qualified Marketmaker’s acquisition of such GO Interests, PBA Interests, or the PRIFA BANs, as the case may be; and (b) to the extent that a PSA Creditor is acting in its capacity as a Qualified Marketmaker, it may Transfer any GO Interests, PBA Interests, or the PRIFA BANs that the Qualified Marketmaker acquires from a holder of the GO Interests, PBA Interests, or the PRIFA BANs that is not a PSA Creditor without the requirement that the transferee be or become a PSA Creditor. A Qualified Marketmaker may, with the consent of the Government Parties, which consent shall not be unreasonably withheld, join this Agreement solely on behalf of a specific trading desk.
Qualified Marketmaker. Notwithstanding anything herein to the contrary: (i) any Consenting Noteholder may Transfer any of its Notes to an entity that is acting in its capacity as a Qualified Marketmaker without the requirement that the Qualified Marketmaker be or become a Consenting Noteholder; provided, however, that the Qualified Marketmaker subsequently Transfers all rights, title and interest in such Notes to a Transferee that is or becomes a Consenting Noteholder as provided above, and the Transfer documentation between the transferor Consenting Noteholder and such Qualified Marketmaker shall contain a requirement that provides as such; and (ii) to the extent any Consenting Noteholder is acting in its capacity as a Qualified Marketmaker, it may Transfer any Notes that it acquires from a holder of such Notes that is not a Consenting Noteholder without the requirement that the Transferee be or become a Consenting Noteholder. Notwithstanding the foregoing, if, at the time of the proposed Transfer of any Notes to a Qualified Marketmaker, such Notes (x) may be voted in the Consent Solicitation, the proposed transferor Consenting Noteholder must first vote such Notes in accordance with the requirements of Section 3(a) hereof, or (y) have not yet been and may not yet be voted in the Consent Solicitation and such Qualified Marketmaker does not Transfer such Claims and Interests to a subsequent Transferee prior to the fifth (5th) Business Day prior to the expiration of the deadline to vote in the Consent Solicitation (such date, the “Qualified Marketmaker Joinder Date”), such Qualified Marketmaker shall be required to (and the Transfer documentation between the transferor Consenting Lender and such Qualified Marketmaker shall have provided that the Qualified Marketmaker shall), on the first (1st) Business Day immediately following the Qualified Marketmaker Joinder Date, become a Consenting Noteholder with respect to such Notes in accordance with the terms hereof and vote such Notes in accordance with the requirements of Section 3(a) hereof (provided, that the Qualified Marketmaker shall automatically, and without further notice or action, no longer be a Consenting Noteholder with respect to such Notes at such time that a subsequent Transferee of such Notes becomes a Consenting Noteholder with respect to such Notes). For purpose of this Agreement, a “Qualified Marketmaker” means an entity that: (i) holds itself out to the market as standing ready in the ordinary course of business to...
Qualified Marketmaker. Notwithstanding anything to the contrary in this Agreement, a Qualified Marketmaker that acquires (in its capacity as a Qualified Marketmaker, and not for investment purposes) any Senior Secured Notes, Senior Notes or Additional Indebtedness not already subject to the terms of this Agreement shall not be required to execute and deliver a Joinder Notice or otherwise agree to be bound by the terms and conditions set forth in this Agreement in respect of such Senior Secured Notes, Senior Notes or Additional Indebtedness if and for so long as those Senior Secured Notes, Senior Notes or Additional Indebtedness are held by the Qualified Marketmaker solely with the purpose and intent of acting as a Qualified Marketmaker for such Senior Secured Notes, Senior Notes or Additional Indebtedness. For the purposes of this Section “Qualified Marketmaker” means an entity that:
