Common use of Qualified Marketmaker Clause in Contracts

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 Deferring Noteholder or other permitted joining party that properly executes and delivers a Joinder pursuant to Section 3(f) hereof3(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 Deferring Noteholder to a transferee that is not a Consenting Deferring Noteholder at the time of such transfer without the requirement that such transferee be or become a Consenting Deferring 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).and