Eligible Creditors means creditors holding subordinated claims that rank or are expressed to rank senior to the Subordinated Notes.
Eligible Creditors means creditors holding subordinated claims (including subordinated securities issued pursuant to Article L. 228-97 of the French Code de commerce) that rank or are expressed to rank (i) senior to obligations or instruments of the Issuer that constitute Ordinarily Subordinated Obligations and (ii) junior to Disqualified Subordinated Notes.
Eligible Creditors means creditors holding subordinated claims (including subordinated securities issued pursuant to Article L. 228-97 of the French Code de commerce) that rank or are expressed to rank (i) senior to obligations or instruments of the Issuer that constitute Ordinarily Subordinated Obligations and (ii) junior to Disqualified Subordinated Notes. In the event that the Autorité de contrôle prudentiel et de résolution (and/or any other authority entitled to exercise or participate in the exercise of the bail-in power from time to time) exercises write down and conversion powers in respect of the Subordinated Notes in accordance with Article 48 of the BRRD II or any successor requirement, the principal amount of the Subordinated Notes shall be written down on a permanent basis or converted to instruments qualifying as common equity tier 1 instruments in accordance with applicable MREL/TLAC Requirements. (c) Waiver of Set-Off No holder of any Note, Coupon or Talon may at any time exercise or claim any Waived Set-Off Rights against any right, claim, or liability the Issuer has or may have or acquire against such holder, directly or indirectly, howsoever arising (and, for the avoidance of doubt, including all such rights, claims and liabilities arising under or in relation to any and all agreements or other instruments of any sort, whether or not relating to such Note, Coupon or Talon) and each such holder shall be deemed to have waived all Waived Set-Off Rights to the fullest extent permitted by applicable law in relation to all such actual and potential rights, claims and liabilities. For the avoidance of doubt, nothing in this Condition 3(c) is intended to provide, or shall be construed as acknowledging, any right of deduction, set-off, netting,compensation, retention or counterclaim or that any such right is or would be available to any holder of any Note, Coupon or Talon but for this Condition 3(c). For the purposes of this Condition 3(c), "Waived Set-Off Rights" means any and all rights of or claims of any holder of any Note, Coupon or Talon for deduction, set-off, netting, compensation, retention or counterclaim arising directly or indirectly under or in connection with any Note, Coupon or Talon.
Examples of Eligible Creditors in a sentence
Rights Offering Eligible Creditors may not sell, transfer, assign, pledge or otherwise dispose of the Subscription Rights.
As described in greater detail below, pursuant to the terms of the UCC Settlement, the Plan provides that, in addition to recoveries received from the Debtors’ Estates, Eligible Creditors in Class 6 will receive their Pro Rata Share of Support Party Funds held in the Support Party Creditor Fund.
Eligible Creditors include a significant number of vendors and suppliers that may not be parties to executory contracts, but with whom the Plan Sponsor, the Reorganized Debtors, and/or the Consenting OEMs may, directly or indirectly, continue to do business going forward.
Pursuant to the Scheme, on the Scheme Effective Date, Dato’ Choo shall transfer ASI Shares to the Scheme Administrator, for and on behalf of the Shareholders and the Eligible Creditors, as follows:- (a) an aggregate of 16,132,316 ASI Shares for the Shareholders in accordance with the terms of the Scheme; and (b) an aggregate of 21,000,000 ASI Shares for the Eligible Creditors in accordance with the terms of the Scheme.
Aggregate number of shares of New Common Stock available to the Rights Offering Eligible Creditors, which will be calculated by dividing (a) the Rights Offering Value minus the principal amount of the IntermediateCo Notes by (b) the Rights Offering Common Stock Price.
More Definitions of Eligible Creditors
Eligible Creditors means creditors holding subordinated claims (including subordinated securities issued pursuant to article L.228-97 of the French Code de commerce) that rank or are expressed to rank
Eligible Creditors means creditors holding claims that, in accordance with their terms, rank or are expressed to rank senior to the Subordinated Notes.
Eligible Creditors means creditors holding subordinated claims (including subordinated securities issued pursuant to Article L. 228-97 of the French Code de commerce) that rank or are expressed to rank (i) senior to obligations or instruments of the Issuer that constitute Ordinarily Subordinated Obligations and (ii) junior to Disqualified Subordinated Notes. (b) No set-off Subject to applicable law, no holder of any Notes and no holder of Coupons related thereto may exercise, claim or plead any right of set-off, compensation or retention in respect of any amount owed to it by the Issuer in respect of, or arising under or in connection with the Notes or the Coupons related thereto and each holder of Notes and each holder of Coupons related thereto shall, by virtue of its holding of any Note or Coupon related thereto, be deemed to have waived all such right of set-off, compensation or retention.
Eligible Creditors means creditors holding subordinated claims that rank or are expressed to rank senior to obligations or instruments of the Issuer that constitute Ordinarily Subordinated Obligations.
Eligible Creditors means creditors holding subordinated claims that rank or are expressed to rank senior to obligations or instruments of the Issuer that constitute Ordinarily Subordinated Obligations. (b) The definition of “First Reset Rate of Interest” in Condition 2(e) on page 146 of the Base Prospectus is deleted in its entirety and replaced with the following:
Eligible Creditors means creditors holding subordinated claims that rank or are expressed to rank senior to obligations or instruments of the Issuer that constitute Ordinarily Subordinated Obligations. For the avoidance of doubt the amended ranking provisions in this paragraph (ii) will apply automatically to any then outstanding Subordinated Notes as soon as no Existing Subordinated Notes will be outstanding without the need for any action from the Issuer. (b) the paragraph against the heading "Ratings" on page 23 of the Base Prospectus is deleted and replaced with the following: RatingsBNPP's long term credit ratings are A+ with a negative outlook (S&P Global Ratings Europe Limited), Aa3 with a stable outlook (Moody's Investors Service Ltd.), AA- with a negative outlook (Fitch France S.A.S. Fitch Ratings Ireland Limited) and AA (low) with a stable outlook (DBRS Rating GmbH) and BNPP's short-term credit ratings are A-1 (S&P Global Ratings Europe Limited), P-1 (Moody's Investors Service Ltd.), F1+ (Fitch France S.A.S. Fitch Ratings Ireland Limited) and R-1 (middle) (DBRS Rating GmbH). Notes issued under the Base Prospectus may be rated or unrated. A security rating is not a recommendation to buy, sell or hold securities and may be subject to suspension, reduction or withdrawal at any time by the assigning rating agency.
Eligible Creditors means creditors holding subordinated claims that rank or are expressed to rank senior to the Subordinated Notes. 4 Negative Pledge So long as any of the Notes or Coupons on Notes remains outstanding, the Issuer will not create or permit to subsist any mortgage, charge, pledge, lien or other security interest upon the whole or any part of its undertaking, revenues or assets, present or future, in order to secure any Indebtedness, without at the same time according to the Notes the same, or substantially the same, security. This provision does not apply to Subordinated Notes. For the purposes of this Condition 4 and Condition 9: "Indebtedness’’ means any indebtedness of the Issuer which is in the form of or represented by any bond (obligation) or note or any other security which is, or is capable of being, listed, quoted or traded on any stock exchange or in any securities market (including, without limitation, any over-the-counter market).