Consenting Debtholders definition

Consenting Debtholders means the Holders of Claims that are party to the Restructuring Support Agreement.
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Consenting Debtholders means, collectively, the Consenting Secured Debtholders and the Consenting Unsecured Debtholders.
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Consenting Debtholders means, collectively, the Consenting Secured Debtholders and the Consenting Unsecured Debtholders; “Consenting Secured Debtholders” means, collectively, the Secured Debtholders that have executed and remain, at the relevant time, subject to the Support Agreement (or a joinder agreement thereto); “Consenting Unsecured Debtholder Notes Election Pro Rata Share” means, with respect to each Consenting Unsecured Debtholder that holds Secured Term Loans, the percentage that such Consenting Unsecured Debtholder’s principal amount of Non- Elected Secured Term Loans bears to the total principal amount of Non-Elected Secured Term Loans held by all Consenting Unsecured Debtholders; “Consenting Unsecured Debtholders” means, collectively, the Unsecured Debtholders that have executed and remain, at the relevant time, subject to the Support Agreement (or a joinder agreement thereto); “Court” means the Ontario Superior Court of Justice (Commercial List); “Debt” means, collectively, the Secured Debt and the Unsecured Debt; “Debt Documents” means, collectively, the Secured Debt Documents and the Unsecured Debt Documents, and “Debt Document” means any one of such documents; “Debtholder Claims” means, collectively, the Secured Debtholder Claims and the Unsecured Debtholder Claims; “Debtholders” means, collectively, the Secured Debtholders and the Unsecured Debtholders; “Designated Offshore Securities Market” has the meaning given to that term in Rule 902 of Regulation S as promulgated by the United States Securities and Exchange Commission under the United States Securities Act of 1933, as amended from time to time, and the rules and regulations promulgated thereunder, or any successor statute; “Direct Registration System” means an electronic register of the New Common Shares maintained by a transfer agent selected by Concordia; “Distribution Record Date” means a date to be determined by Concordia in consultation with the Trustees, the Agents and the Majority Initial Consenting Debtholders for purposes of distributions under this Plan, provided that in respect of the Secured Term Loans, the Secured Swap Instruments and the Unsecured Equity Bridge Loans the Distribution Record Date shall be the Record Date; “DTC” means the Depository Trust & Clearing Corporation and its successors and assigns;
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Examples of Consenting Debtholders in a sentence

  • No prior history, pattern or practice of sharing confidences among or between the Consenting Debtholders shall in any way affect or negate this understanding and agreement.

  • The agreements, representations and obligations of the Consenting Debtholders under this Agreement are, in all respects, several and not joint.

  • The Company and the Consenting Debtholders shall take all reasonable necessary and appropriate actions to achieve confirmation of the Nortek Plan; provided, however, the Consenting Debtholders shall have no obligation to incure (or suffer) any costs, expenses or obligations, to appear at any hearing, or to provide any testimony or other evidence in connection with confirmation of the Nortek Plan.2.04.

  • The Nortek Plan may be amended from time to time following the date hereof by written approval of Nortek and the Consenting Debtholders constituting the Requisite Debtholder Consent (as defined below).

  • Termination Right Concordia and the Consenting Debtholders shall have the right to terminate the Support Agreement (including, for certainty, any Joinder Agreements) and to not proceed with the Recapitalization Transaction upon the occurrence of any termination events agreed to and included in the Support Agreement.

  • As described above, the Debtors have been in extensive negotiations with the Consenting Debtholders to deleverage their balance sheet and complete a balance sheet restructuring.

  • For the avoidance of doubt, the Concordia Parties make this acknowledgement in connection with any actions taken by the Consenting Debtholders in furtherance of the Recapitalization Transaction, including the negotiation of the Definitive Documentation.

  • C- 36, as amended (“CCAA Proceedings”), to the extent consented to by the Majority Initial Consenting Debtholders and the Majority Consenting Private Placement Parties, or chapter 11 of the United States Bankruptcy Code, 11.

  • In connection with an approval, agreement, consent or waiver of the Majority Initial Consenting Debtholders, the Majority Initial Consenting Secured Debtholders, or the Majority Initial Consenting Unsecured Debtholders hereunder, Concordia will solicit such approval, agreement, consent or waiver independently from each Party or its Advisors.

  • The Consenting Debtholders acknowledge and agree that the Nortek Plan is in a form and substance reasonably satisfactory in all respects to the Consenting Debtholders and their counsel and is consistent with this Agreement in all material respects.


More Definitions of Consenting Debtholders

Consenting Debtholders has the meaning specified in the Lock-Up Agreement.
Sample 1
Consenting Debtholders means, collectively, the Consenting Secured Debtholders and the Consenting Unsecured Debtholders. “Consenting Secured Debtholders” means the Secured Debtholders that have executed and remain, at the relevant time, subject to this Support Agreement or a Joinder Agreement hereto. “Consenting Unsecured Debtholders” means the Unsecured Debtholders that have executed and remain, at the relevant time, subject to this Support Agreement or a Joinder Agreement hereto. “Contracts” means all agreements, contracts, leases (whether for real or personal property), purchase orders, undertakings, covenants not to compete, employment agreements, confidentiality agreements, licenses, instruments, obligations and commitments to which a Person is a party or by which a Person or any of its assets are bound or affected, whether written or oral. “Court” means the Ontario Court or the Bankruptcy Court, as applicable. “Definitive Documents” means all definitive agreements, court materials and other material documents in connection with the Recapitalization Transaction and the CBCA Proceedings
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Consenting Debtholders means those holders of the Notes and other Indebtedness of the Company and/or its Subsidiaries parties to the Restructuring Support Agreement as “Consenting Debtholders” thereunder; provided, that the Consenting Debtholders shall include, as a minimum, the holders of two-thirds of the aggregate principal amount of Notes outstanding from time to time.
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Consenting Debtholders means the Holders of Claims that are party to theRestructuring Support Agreement.
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Consenting Debtholders means the Debtholders that have executed and remain, at the relevant time, subject to the Support Agreement or a joinder agreement thereto. “Court” means the Ontario Superior Court of Justice (Commercial List). “Data Protection Laws” means all applicable laws, rules and regulations of any applicable jurisdiction from time to time relating to data protection, including but not limited to the Data Protection Xxx 0000 and the General Data Protection Regulation (EU) 2016/679. “Defaulting Private Placement Parties” means, collectively, the Non-Funding Private Placement Parties (other than any Objecting Private Placement Parties or Non-Investing Private Placement Parties) and the Breaching Private Placement Parties, as applicable. “Designated Offshore Securities Market” has the meaning given to that term in Rule 902 of Regulation S. “Effective Date” means the date of implementation of the Plan. “Effective Time” has the meaning given to such term in the Plan.
Sample 1
Consenting Debtholders means the Debtholders that have executed and remain, at the relevant time, subject to the Support Agreement or a joinder agreement thereto.
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Related to Consenting Debtholders

  • Consenting Creditors has the meaning set forth in the preamble to this Agreement.

  • Consenting Noteholders has the meaning set forth in the preamble to this Agreement.

  • Required Consenting Noteholders means, as of the relevant date, the Consenting Noteholders then holding greater than fifty and one-tenth percent (50.1%) of the aggregate outstanding principal amount of Senior Notes Claims that are held by all Consenting Noteholders subject to the Restructuring Supporting Agreement as of such date.

  • Voting Debt means bonds, debentures, notes or other indebtedness having the right to vote (or convertible into, or exchangeable for, securities having the right to vote) on any matters on which holders of equity interests in the Company or any Company Subsidiary may vote.

  • Preferred Holders means the record owners of outstanding Preferred Securities.

  • Existing Debt means Debt of each Loan Party and its Subsidiaries outstanding immediately before the occurrence of the Effective Date.

  • Majority in Interest of Note Holders means as of a particular date of determination, the holders of a majority in aggregate unpaid Original Amount of all Equipment Notes outstanding as of such date (excluding any Equipment Notes held by Owner or any of its Affiliates (unless all Equipment Notes then outstanding shall be held by Owner or any Affiliate of Owner); provided that for the purposes of directing any action or casting any vote or giving any consent, waiver or instruction hereunder, any Note Holder of an Equipment Note or Equipment Notes may allocate, in such Note Holder’s sole discretion, any fractional portion of the principal amount of such Equipment Note or Equipment Notes in favor of or in opposition to any such action, vote, consent, waiver or instruction.

  • Majority Interests Vote means the vote, at a meeting of Holders, of (A) 67% or more of the Interests present or represented at such meeting, if Holders of more than 50% of all Interests are present or represented by proxy, or (B) more than 50% of all Interests, whichever is less.

  • Majority in Interest As to any Class of Regular Certificates, the Holders of Certificates of such Class evidencing, in the aggregate, at least 51% of the Percentage Interests evidenced by all Certificates of such Class.

  • Consenting Stakeholders has the meaning set forth in the preamble to this Agreement.

  • Preferred Proponent(s means the Proponent(s) selected by the Evaluation Team to enter into negotiations for a Contract;

  • Lead Investors means ARC Funds, EP Cayman Ltd., Eton Park Master Fund, Ltd. and Ashmore Cayman SPC No. 2 Limited.

  • Majority Investors means, as of any date, the holders of a majority of the Investor Shares outstanding on such date.

  • Shareholder Debt means any shareholder loan made to the Issuer as debtor, if such loan:

  • Majority in Interest of Noteholders means, as of a particular date of determination and subject to Section 2.16 of the Indenture, the holders of at least a majority in aggregate unpaid principal amount of all Equipment Notes outstanding as of such date (excluding any Equipment Notes held by the Company or any Affiliate thereof, it being understood that a Pass Through Trustee shall be considered an Affiliate of the Company as long as more than 50% in the aggregate face amount of Pass Through Certificates issued by the corresponding Pass Through Trust are held by the Company or an Affiliate of the Company or a Pass Through Trustee is otherwise under the control of the Company or such Affiliate of the Company (unless all Equipment Notes then outstanding are held by the Company or any Affiliate thereof, including the Pass Through Trustees which are considered Affiliates of the Company pursuant hereto)); provided that for the purposes of directing any action or casting any vote or giving any consent, waiver or instruction hereunder, any Noteholder of an Equipment Note or Equipment Notes may allocate, in such Noteholder’s sole discretion, any fractional portion of the principal amount of such Equipment Note or Equipment Notes in favor of or in opposition to any such action, vote, consent, waiver or instruction.

  • Second Lien Noteholders means the registered holders, from time to time, of the Second Lien Notes, as determined in accordance with the relevant Second Lien Notes Indenture.

  • Existing Notes means, collectively, the Existing Senior Guaranteed Notes and the Existing Senior Notes.

  • Preferred Shareholders means the holders of the Preferred Shares of the Company.

  • Existing Convertible Notes means any convertible notes or other convertible debt securities of the Company outstanding on the date of this Agreement.

  • Controlling Note Holder Representative shall have the meaning assigned to such term in Section 6(a).

  • Requisite Holders means at any time holders of Warrant Shares and Warrants representing at least a majority of the Warrant Shares outstanding or issuable upon the exercise of all the outstanding Warrants.

  • Closing Debt means the aggregate principal amount of, and accrued interest on, all Debt of the Company as of the close of business on the day immediately preceding the Closing Date.

  • Consenting Lenders has the meaning specified in Section 2.13(b).

  • Existing Stockholders means the stockholders of the Corporation immediately prior to the IPO as listed on Schedule A (including the Existing Stockholders Representative in its capacity as an Existing Stockholder) together with any Permitted Assignees.

  • Public Stockholders means the holders of securities issued in the Public Offering; (vii) “Trust Account” shall mean the trust fund into which a portion of the net proceeds of the Public Offering shall be deposited; and (viii) “Transfer” shall mean the (a) sale of, offer to sell, contract or agreement to sell, hypothecate, pledge, grant of any option to purchase or otherwise dispose of or agreement to dispose of, directly or indirectly, or establishment or increase of a put equivalent position or liquidation with respect to or decrease of a call equivalent position within the meaning of Section 16 of the Exchange Act, and the rules and regulations of the Commission promulgated thereunder with respect to, any security, (b) entry into any swap or other arrangement that transfers to another, in whole or in part, any of the economic consequences of ownership of any security, whether any such transaction is to be settled by delivery of such securities, in cash or otherwise, or (c) public announcement of any intention to effect any transaction specified in clause (a) or (b).

  • Concurrent Financing means the various third party financing arrangements the Company is executing pursuant to the agreements described on Schedule 2.1(c)(i) (the “Concurrent Financing”) separate and apart from the transactions contemplated by this Agreement.