Affiliate Holder definition

Affiliate Holder shall have the meaning assigned to such term in the Intercreditor Agreement.

Affiliate Holder means any Person that both:

Affiliate Holder means a Holder that is an Affiliate of the Company (or that would be an Affiliate of the Company if all Units held by such Holder were exchanged for Common Shares).

Examples of Affiliate Holder in a sentence

• Any such Borrower Affiliate Holder shall, however, retain the right to receive any and all amounts payable on account of its Note under this Agreement other than any default interest or late fees or charges.

• Notwithstanding anything to the contrary contained herein, each Holder hereby covenants and agrees that if it shall become a Borrower Affiliate Holder, it shall not interfere with the foreclosure rights or the exercise of any other remedies asserted by, or on behalf of, the Holders that are not Borrower Affiliate Holders.

• For example, in the event there are five Holders, each with a 20% Percentage Interest, and one of those Holders becomes a Borrower Affiliate Holder, for voting purposes going forward, each non-affiliated Holder shall be deemed to have a percentage interest of 25%.

• In the case of clause (i) above, each Holder other than a Borrower Affiliate Holder shall have their aggregate Percentage Interest in the Mezzanine Loan “grossed up” on account of the Borrower Affiliate Holder’s Percentage Interest in the Mezzanine Loan for the purposes of calculating a Majority Decision, a Super-Majority Decision, or a Unanimous Decision and for all other related purposes hereunder.

• Notwithstanding anything to the contrary herein, (i) in respect of any monetary cure, in the event that no Holder that is not a Borrower Affiliate Holder elects to be a Curing Holder in accordance with this Section 4(c), and (ii) in respect of any non-monetary cure, the Borrower Affiliate Holder shall not be permitted to be a Curing Holder and any attempt to exercise its right to cure hereunder shall be void.

More Definitions of Affiliate Holder

Affiliate Holder shall have the meaning set forth in Section 3A(a) ---------------- hereof.

Affiliate Holder means NMS, any Holder that is an affiliate of NMS or any Holder that is any entity sponsored or organized by, or on behalf of or for the benefit of, NMS or an affiliate of NMS, as specified by such Holder in a Notice of Sale.

Affiliate Holder shall have the meaning given to such term in Section 3.3(d) hereof.

Affiliate Holder has the meaning set forth in Section 5.3 below.

Affiliate Holder means any Holder that is an “affiliate” (as such term is defined under Rule 405 of the Securities Act) of the Company on the Closing Date.

Affiliate Holder means a Holder who (i) is an officer or director of the Company or any subsidiary of the Company; (ii) beneficially owns or is deemed to beneficially own (as such beneficial ownership is determined pursuant to Rule 13d-3 of the Exchange Act), more than 9.99% of the Company’s outstanding Common Stock; or (iii) is otherwise deemed an “affiliate” of the Company as such term is defined in Rule 405 of the Securities Act.

Affiliate Holder means a Holder that is an Affiliate of Parent.