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
Appears in 2 contracts
Samples: Recapitalization Support Agreement, Interest Deferral Agreement
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 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 permited permitted joining party that properly executes and delivers a joinder to this Agreement Joinder pursuant to Section 3(c)3(d) 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 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 thatthe
Appears in 2 contracts
Samples: Interest Deferral Agreement, Interest Deferral Agreement