Early Consenting Noteholders definition

Early Consenting Noteholders means the Senior Unsecured Noteholders who, on or prior to the Early Consent Date, provide voting instructions to vote in favour of the Plan and do not subsequently withdraw such voting instructions;
Sample 1Sample 2Sample 3
Early Consenting Noteholders means Noteholders who provide voting instructions to vote in favour the Plan on or prior to the Early Consent Date, and does not withdraw such voting instructions. "Effective Time" means the time at which the Plan becomes effective. "Existing Lenders" means the lenders under the Credit Agreement.
Sample 1Sample 2
Early Consenting Noteholders means those Noteholders who have voted in favour of the Arrangement Resolution prior to the Early Consent Deadline, as more particularly described under “Matters Pertaining to Voting and Eligibility for Early Consent Notes”;
Sample 1Sample 2

Examples of Early Consenting Noteholders in a sentence

  • The delivery of Early Consent Shares to Early Consenting Noteholders will be made (at the election of Jaguar with the consent of the Monitor and the Majority Consenting Noteholders) either: (i) by delivery of a Direct Registration System Advice to each Early Consenting Noteholder; or (ii) by delivery of a share certificate to each Early Consenting Noteholder, in any case based on registration and delivery instructions contained in the Rep Letter.

  • The payment by Amalgamated Sherritt on the Effective Date of Noteholder Early Consent Cash Consideration shall be effected through the delivery of cash in the aggregate amount of the Noteholder Early Consent Cash Consideration payable to the Early Consenting Noteholders by Amalgamated Sherritt to CDS for distribution to the Early Consenting Noteholders as of the Effective Date in accordance with CDS’s customary practices.

  • Any Senior Unsecured Noteholders who wish to revoke their proxy or voting instructions in favour of the Senior Unsecured Noteholders' Arrangement Resolution on or prior to the Early Consent Date shall no longer constitute Early Consenting Noteholders for the purposes of the Plan of Arrangement, and shall not receive their pro rata share of the 6% Early Consenting Noteholder New Common Share Pool.

  • The payment by Amalgamated Sherritt on the Effective Date of Noteholder Early Consent Cash Consideration shall be effected through the delivery of cash in the aggregate amount of the Noteholder Early Consent Cash Consideration payable to the Early Consenting Noteholders by Amalgamated Sherritt to CDS for distribution to the Early Consenting Noteholders as of the Effective Date in accordance with CDS’s customary practices.

  • The number of New Common Shares comprising: (i) the Senior Unsecured Noteholder New Common Share Pool to be issued to Senior Unsecured Noteholders pursuant to Section 5.3(b)(i)(A); and (ii) the Early Consenting Noteholder New Common Share Pool to be issued to Early Consenting Noteholders pursuant to Section 5.3(b)(i)(B) shall be equal to 86% and 6%, respectively, of the aggregate number of Common Shares which are issued and outstanding immediately following implementation of Section 5.3(b) of this Plan.


More Definitions of Early Consenting Noteholders

Early Consenting Noteholders means Noteholders who validly signed and returned the Support Agreement or joinder thereto in respect of the Restructuring Transaction and otherwise complied with the terms of the Plan in order to receive additional shares in settlement of the Senior Notes.
Sample 1
Early Consenting Noteholders means those Noteholders who have voted in favour of the Arrangement Resolution by validly depositing a duly completed Voting Information and Election Form prior to the Early Consent Deadline indicating an election to receive either the Early Consent Cash Consideration or Early Consent Warrants;
Sample 1

Related to Early Consenting Noteholders

  • 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.

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

  • Second Lien Noteholders means the holders of Second Lien Notes.

  • Majority in Interest of Note Holders Make-Whole Amount" or "Note Holder," or the percentage of Note Holders required to take or approve any action hereunder, (ii) reduce the amount, or change the time of payment or method of calculation of any amount, of Original Amount, Make-Whole Amount, if any, or interest with respect to any Equipment Note, or alter or modify the provisions of Article III hereof with respect to the order of priorities in which distribution thereunder shall be made as among the Note Holders, the Owner Trustee and Lessee, (iii) reduce, modify or amend any indemnities in favor of the Owner Trustee, the Mortgagee or the Note Holders (except that the Owner Trustee (in its individual capacity) or the Mortgagee, as the case may be, may consent to any waiver or reduction of an indemnity payable to it) or the other Indenture Indemnitees, (iv) consent to any change in the Trust Indenture or the Lease which would permit redemption of Equipment Notes earlier than permitted under Section 2.10 or 2.11 hereof or the purchase or exchange of the Equipment Notes other than as permitted by Section 2.13 hereof, (v) except as contemplated by the Lease or the Participation Agreement, reduce the amount or extend the time of payment of Basic Rent, Stipulated Loss Value, or Termination Value for the Aircraft in each case as set forth in the Lease, or modify, amend or supplement the Lease or consent to any assignment of the Lease, in either case releasing Lessee from its obligations in respect of the payment of Basic Rent, Stipulated Loss Value or Termination Value for the Aircraft or altering the absolute and unconditional character of the obligations of Lessee to pay Rent as set forth in Sections 3 and 16 of the Lease or (vi) permit the creation of any Lien on the Trust Indenture Estate or any part thereof other than Permitted Liens or deprive any Note Holder of the benefit of the Lien of this Trust Indenture on the Trust Indenture Estate, except as provided in connection with the exercise of remedies under Article IV hereof.

  • 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.

  • Required Noteholders has, with respect to any Series of Notes, the meaning stated in the related Series Supplement.

  • Instituting Noteholders has the meaning set forth in Section 7.6(a) of the Indenture.

  • Note Holders means collectively, the Note A-1 Holder and the Note A-2 Holder.

  • Non-Lead Note Holders means the holders of the Non-Lead Notes.

  • Requisite Noteholders Holders of Notes evidencing not less than a majority of the Outstanding Amount of the Controlling Class.

  • Senior Noteholders means the holders of the Senior Notes.

  • Initial Noteholders shall have the meaning assigned to such term in the recitals.

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

  • Non-Lead Securitization Noteholder Representative shall have the meaning assigned to such term in the definition of “Non-Lead Securitization Noteholder”.

  • Non-Lead Securitization Note Holder Representative means the “Directing Certificateholder” or equivalent Person under the Non-Lead Securitization Servicing Agreement.

  • Initial Note Holders shall have the meaning assigned to such term in the preamble to this Agreement.

  • Class A Noteholders’ Distribution Amount means, for any distribution date, the sum of the Class A Noteholders’ Interest Distribution Amount and the Class A Noteholders’ Principal Distribution Amount for that distribution date.

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

  • Noteholders means the holders of the Notes.

  • Class B Noteholders’ Distribution Amount means, for any distribution date, the sum of the Class B Noteholders’ Interest Distribution Amount and the Class B Noteholders’ Principal Distribution Amount for that distribution date.

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

  • Class A Noteholders’ Interest Distribution Amount means, for any distribution date, the sum of: • the amount of interest accrued at the class A note interest rates for the related accrual period on the aggregate outstanding principal balances of all classes of class A notes on the immediately preceding distribution date, after giving effect to all principal distributions to class A noteholders on that preceding distribution date; and • the Class A Note Interest Shortfall for that distribution date.

  • Controlling Note Holder means the holder of the Controlling Note; provided that at any time the Controlling Note is included in a Securitization, references to the “Controlling Note Holder” herein shall mean the holders of the majority of the class of securities issued in such Securitization designated as the “controlling class” or any other party that is assigned the rights to exercise the rights of the “Controlling Note Holder” hereunder, as and to the extent provided in the related Securitization Servicing Agreement; provided that for so long as 50% or more of the Controlling Note is held by (or the party assigned the rights to exercise the rights of the “Controlling Note Holder” (as described above) is) the Mortgage Loan Borrower or an Affiliate of the Mortgage Loan Borrower, the Controlling Note (and such party assigned the rights to exercise the rights of the “Controlling Note Holder” as described above) shall not be entitled to exercise any rights of the Controlling Note Holder, and there shall be deemed to be no Controlling Note Holder hereunder. If the Controlling Note is included in a Securitization, the related Securitization Servicing Agreement may contain additional limitations on the rights of the designated party entitled to exercise the rights of the “Controlling Note Holder” hereunder if such designated party is the Mortgage Loan Borrower or if it has certain relationships with the Mortgage Loan Borrower.