Electing Noteholder definition

Electing Noteholder means a beneficial Eligible Noteholder whose Intermediary has submitted a Participation Form (or master Participation Form) on behalf of such Eligible Noteholder in advance of the Participation Deadline in accordance with the terms of this Plan and the Interim Order, and the procedures set out in the Circular and the Participation Form, indicating that it intends to participate in the Pro Rata Offering;
Sample 1Sample 2Sample 3
Electing Noteholder shall have the meaning assigned to such term in Section 9.1(c).
Sample 1Sample 2
Electing Noteholder means any party to this Agreement identified as an "Electing Noteholder" on the signature pages of this Agreement.
Sample 1Sample 2

Examples of Electing Noteholder in a sentence

  • In the event of an Oversubscription, each Electing Noteholder in Class 11 shall receive (i) New Notes in a principal amount equal to the product of .935 multiplied by such holder’s Pro Rated Claim and (ii) 37.4 shares of New Common Stock for each $1,000 of such holder’s Remaining Claim.

  • If a Purchaser becomes an Electing Noteholder, the Company, in its sole discretion at any time prior to the Closing, may by written notice to such Electing Noteholder exclude such Electing Noteholder from the Closing, whereupon such Electing Noteholder’s Exchanged Notes shall remain outstanding in accordance with their terms and not be exchanged for Notes and such Electing Noteholder shall have no further rights and obligations under this Agreement.

  • In the event of an Oversubscription, each Electing Noteholder in Class 13 shall receive (i) New Notes in a principal amount equal to the product of .464 multiplied by such holder’s Pro Rated Claim and (ii) receive 18.56 shares of New Common Stock for each $1,000 of such holder’s Remaining Claim.

  • In the event of an Oversubscription, each Electing Noteholder in Class 5 shall receive (i) New Notes in a principal amount equal to the product of .359 multiplied by such holder’s Pro Rated Claim and (ii) 14.36 shares of New Common Stock for each $1,000 of such holder’s Remaining Claim.4.06.

  • Each Electing Noteholder shall receive its Pro Rata Share of New Common Stock representing, in the aggregate, the percentage of the New Common Stock as set forth at Section V.A.10 of the Disclosure Statement based upon the aggregate amount of Allowed Subordinated Note Claims held by all such Electing Noteholders as of the Effective Date.

  • This Amendment will become effective as to the Purchaser, Medtronic and each other Electing Noteholder as of the Effective Time (as defined in the Merger Agreement); provided, however, that the amendments set forth in Section 1(e) above shall be effective as of the date hereof.

  • Assuming that the aggregate principal amount of Allowed Subordinated Note Claims held by Electing Noteholders is $50,000,000, each Electing Noteholder will receive its Pro Rata Share of New Common Stock representing 28.1% of the New Common Stock on a fully diluted basis.

  • In the event of an Oversubscription, each Electing Noteholder in Class 11 shall receive (i) New Notes in a principal amount equal to the product of .935 multiplied by such holder's Pro Rated Claim and (ii) 37.4 shares of New Common Stock for each $1,000 of such holder's Remaining Claim.

  • Each such other Holder may elect to participate in the exchange on the applicable Exchange Date by providing the Company notice of such election no later than five days prior to the applicable Exchange Date; provided that such notice includes all of the information that would be required in an Exchange Notice and that such other Holder satisfies all the conditions applicable to an Electing Noteholder.

  • The Issuer shall appoint and maintain a person (other than the Issuer or its Affiliates) that will hold the Notes on behalf of each Electing Noteholder (the “Custodian”).


More Definitions of Electing Noteholder

Electing Noteholder means a Noteholder who duly executes and delivers a Form of Election prior to the Election Deadline in order to elect to receive the Cash Alternative or the New Note Alternative;
Sample 1Sample 2
Electing Noteholder has the meaning assigned to such term in Section 2.02(b).
Sample 1
Electing Noteholder means a beneficial Eligible Noteholder whose Intermediary has submitted such Eligible Noteholder's completed Participation Form in advance of the Participation Deadline in accordance with the terms of this Plan and the Interim Order;
Sample 1
Electing Noteholder has the meaning specified in the recitals.
Sample 1
Electing Noteholder as defined in Section 10.3.2.
Sample 1
Electing Noteholder means a Noteholder who duly executes and delivers a Form of Election prior to the Election Deadline in order to elect to receive the Cash Alternative or the New Note Alternative.
Sample 1

Related to Electing Noteholder

  • Controlling Noteholder means as of any date of determination the holder or holders of a majority of the Lead Securitization Note. At any time the Lead Securitization Note is the Controlling Noteholder and is included in the Lead Securitization, references to the “Controlling Noteholder” herein shall mean the holders of the majority of the class of securities issued in the Lead Securitization designated as the “controlling class” (or such lesser amount as permitted under the terms of the Servicing Agreement) or such other class(es) otherwise assigned the rights to exercise the rights of the “Controlling Noteholder” hereunder, as and to the extent provided in the Servicing Agreement.

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

  • Requesting Noteholders shall have the meaning ascribed thereto in Section 12.01 of the Indenture.

  • 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.

  • Non-Controlling Noteholder means each Noteholder other than the Controlling Noteholder; provided that, if at any time a Non-Controlling Note (or, at any time a Non-Lead Securitization Note is included in a Securitization, the Non-Lead Securitization Subordinate Class Representative) is held by the Mortgage Loan Borrower or a Mortgage Loan Borrower Related Party, no Person shall be entitled to exercise the rights of such Non-Controlling Noteholder with respect to such Non-Controlling Note.

  • Class E Noteholder means the Person in whose name a Class E Note is registered on the Note Register.

  • Non-Lead Noteholder means any Noteholder other than the Lead Securitization Noteholder.

  • Senior Noteholder means the Holder of any Senior Note.

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

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

  • Class D Noteholder means the Person in whose name a Class D Note is registered on the Note Register.

  • Lead Securitization Noteholder means the holder of the Lead Securitization Note.

  • Non-Lead Securitization Noteholder herein shall mean the Non-Lead Securitization Subordinate Class Representative under the related Non-Lead Securitization Servicing Agreement, as and to the extent provided in the related Non-Lead Securitization Servicing Agreement and as to the identity of which the Lead Securitization Noteholder (and the Master Servicer and the Special Servicer) has been given written notice. The Lead Securitization Noteholder (or the Master Servicer or the Special Servicer acting on its behalf) shall not be required at any time to deal with more than one party exercising the rights of a “Non-Lead Securitization Noteholder” herein or under the Servicing Agreement and, to the extent that the related Non-Lead Securitization Servicing Agreement assigns such rights to more than one party, for purposes of this Agreement, the Non-Lead Securitization Servicing Agreement shall designate one party to deal with the Lead Securitization Noteholder (or the Master Servicer or the Special Servicer acting on its behalf) and provide written notice of such designation to the Lead Securitization Noteholder (and the Master Servicer and the Special Servicer acting on its behalf) (such party, the “Non-Lead Securitization Noteholder Representative”); provided that, in the absence of such designation and notice, the Lead Securitization Noteholder (or the Master Servicer or the Special Servicer acting on its behalf) shall be entitled to treat the last party as to which it has received written notice as having been designated as the Non-Lead Securitization Noteholder Representative with respect to such Non-Controlling Note for all purposes of this Agreement. Prior to Securitization of any Non-Lead Securitization Note by the Non-Lead Securitization Noteholder (including any New Notes), all notices, reports, information or other deliverables required to be delivered to such Non-Lead Securitization Noteholder pursuant to this Agreement or the Servicing Agreement by the Lead Securitization Noteholder (or the Master Servicer or the Special Servicer acting on its behalf) only need to be delivered to each Non-Lead Securitization Noteholder Representative and, when so delivered to each Non-Lead Securitization Noteholder Representative, the Lead Securitization Noteholder (or the Master Servicer or the Special Servicer acting on its behalf) shall be deemed to have satisfied its delivery obligations with respect to such items hereunder or under the Servicing Agreement. Following Securitization of any Non-Lead Securitization Notes by the Non-Lead Securitization Noteholder, all notices, reports, information or other deliverables required to be delivered to such Non-Lead Securitization Noteholder pursuant to this Agreement or the Servicing Agreement by the Lead Securitization Noteholder (or the Master Servicer or the Special Servicer acting on its behalf) shall be delivered to the related Non-Lead Master Servicer and the related Non-Lead Special Servicer (who then may forward such items to the party entitled to receive such items as and to the extent provided in the related Non-Lead Securitization Servicing Agreement) and, when so delivered to the related Non-Lead Master Servicer and the related Non-Lead Special Servicer, the Lead Securitization Noteholder (or the Master Servicer or the Special Servicer acting on its behalf) shall be deemed to have satisfied its delivery obligations with respect to such items hereunder or under the Servicing Agreement.

  • Initial Noteholder means (i) with respect to Note A-1, the Initial Note A-1 Holder and (ii) with respect to Note A-2, the Initial Note A-2 Holder.

  • Noteholder means the Person in whose name a Note is registered on the Note Register.

  • 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.

  • Lead Note Holder means the Holder of the Lead Note.

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

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

  • Class D Noteholders means the holders of any Class D Notes from time to time.

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

  • Registered Noteholder means the Person in whose name a Note is registered on the Note Register on the applicable Record Date.

  • Required Noteholders means Holders of Outstanding Notes evidencing more than 66 2/3% of the principal balance of the most senior Class of Notes Outstanding.

  • Note Holder means with regards to any Note, the Initial Note Holder or any subsequent holder of such Note, as applicable.

  • Lead Securitization Directing Certificateholder means the “Directing Certificateholder” as defined in the Lead Securitization Servicing Agreement.

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