Defaulting Holder definition

Defaulting Holder shall have the meaning given to such term in Section 12.4 of the Participation Agreement.

Defaulting Holder has the meaning specified in Section 3.02(c).

Defaulting Holder has the meaning set forth in Section 11.1.

Examples of Defaulting Holder in a sentence

• The Defaulting Holder shall, upon receipt of the foregoing, pay the aggregate purchase price for the Drag Default Shares and the amount of reimbursable fees and expenses, in cash by wire transfer of immediately available funds or by other means acceptable to the Drag-Along Holders.

• Dividends shall be payable in cash to extent of available cash from earnings after payment of current liabilities and such reserves as the Board of Directors may establish in its sole discretion; provided, however, that cash dividends payable to a Defaulting Holder shall be retained by the Corporation until such time, if ever, that such holder ceases to be a Defaulting Holder.

• The Defaulting Holder shall reimburse each Drag-Along Holder for any and all reasonable fees and expense, including legal fees and expenses, incurred pursuant to the exercise or the attempted exercise of its rights under this Article 8.15(D).

• Investment earnings received during each Collection Period in respect of such investment in the Defaulting Holder’s Holder Subaccount will be paid directly to the Defaulting Holder on the Payment Date following the last day of the Draw Period, as instructed by the Collateral Manager.

• Notwithstanding the foregoing, the failure by a Defaulting Holder to deliver any certificate, document or instrument to the Corporation in accordance with this Section A(2)(d) shall not in any way affect or delay the redemption of the shares of Special Voting Preferred Stock to be redeemed by the Corporation on the Redemption Date.

More Definitions of Defaulting Holder

Defaulting Holder. A Class A-1R Noteholder that has at any time failed to discharge its obligations with respect to funding Borrowings when and as required hereunder (other than failures so to fund (a) solely as a result of a bona fide dispute as to whether the conditions to borrowing were satisfied on the relevant Class A-1R Borrowing Date, but only for such time as such Class A-1R Noteholder is continuing to engage in good faith discussions regarding the determination or resolution of such dispute or (b) solely as a result of a failure to so fund due to an administrative error or omission by such Class A-1R Noteholder, unless such failure continues for five Business Days after such Class A-1R Noteholder receives written notice or has actual knowledge of such administrative error or omission).

Defaulting Holder means any holder of Series A Preferred Stock that has been deemed to be, and continues to be, a defaulting holder under section 1(c) of such holder’s Subscription Agreement.

Defaulting Holder has the meaning provided in the Class A-2 Purchase Agreement.

Defaulting Holder. The meaning specified in the Class A-R Purchase Agreement.

Defaulting Holder means any Holder that (i) is the subject of a Bankruptcy Event, (ii) is a Delinquent Advance Holder, or (iii) has failed to fund to Administrator its Percentage Interest of any Required Protective Advance or to reimburse Administrator for any payments owing by such Holder to Administrator hereunder, provided that Administrator shall have provided each Holder with ten (10) Business Days prior written notice of the date such Required Protective Advance is required to be funded or paid and reasonable supporting documentation and information regarding such Required Protective Advance.

Defaulting Holder means any Holder that, as reasonably determined by the Administrative Agent, has (a) failed to (i) fund any portion of its Term Commitment or (ii) pay over to the Administrative Agent or any other Holder any other amount required to be paid by it hereunder (“Holder Funding Obligations”) within two (2) Business Days of the date required to be funded by it hereunder unless, in the case of clause (i) above, such Holder notifies the Administrative Agent in writing that such failure is the result of such Holder’s good faith determination that a condition precedent to funding (specifically identified and including the particular Default or Event of Default, if any) has not been satisfied, (b) notified the Company, the Administrative Agent or any Holder in writing, or has otherwise indicated through a public statement, that it does not intend to comply with its Holder Funding Obligations (unless such writing or public statement indicates that such position is based on such Holder’s good faith determination that a condition precedent to funding a Term Loan under this Agreement (specifically identified and including the particular Default or Event of Default, if any) cannot be satisfied) or generally under agreements in which it commits to extend credit, (c) failed, within three (3) Business Days after receipt of a written request from the Administrative Agent or the Company, to confirm that it will comply with the terms of this Agreement relating to Holder Funding Obligations, provided that such Holder shall cease to be a Defaulting Holder pursuant to this clause (c) upon receipt of such certification by the Administrative Agent and the Company, or (d) become (or has a Parent Company that has become) the subject of a bankruptcy or insolvency proceeding, or has had a receiver, conservator, trustee, custodian, administrator, examiner, liquidator, assignee for the benefit of creditors or similar Person charged with reorganization or liquidation of its business appointed for it, provided that a Holder shall not qualify as a Defaulting Holder solely as a result of the acquisition or maintenance of an ownership interest in such Holder or Parent Company, or the exercise of control over such Holder or any Person controlling such Holder, by a Governmental Authority so long as such ownership interest or exercise of control does not result in or provide such Holder with immunity from the jurisdiction of courts within the United States or from the enforcement of judgments or ...

Defaulting Holder has meaning given to such term in Section 6.2A(a);