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 Buyer and the Defaulting Holder will each pay one-half of the fees and expenses of the Arbiter.
Once the Arbiter has been selected, the Buyer and the Defaulting Holder will each submit to the Arbiter, within thirty days of such selection, a price for the Purchased Interest.
Unless otherwise agreed by the Buyer and the Defaulting Holder, the Buy-Out Price shall be payable by wire transfer of same day funds or by certified or cashier's check drawn to the order of the Defaulting Holder, as specified by the Defaulting Holder.
Along Holder who has elected to sell the Drag Default Shares shall deliver to the Defaulting Holder an instrument of transfer and one or more certificates representing the Drag Default Shares, each to be properly endorsed for transfer, or an affidavit of lost certificate representing the same.
The Defaulting Holder shall, upon receipt of the foregoing, pay the aggregate purchase price therefor 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 Holders.
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 has the meaning provided in the Class A-2 Purchase Agreement.
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 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 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. The meaning specified in the Class A-R Purchase Agreement.
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 ...