Eligible Noteholder definition

Eligible Noteholder means each Noteholder who has confirmed it is (a) located and resident outside the United States and not a U.S. person (as defined in Regulation S under the Securities Act), subject to certain exceptions and (b) otherwise a person to whom the Consent Solicitation can be lawfully made and that may lawfully participate in the Consent Solicitation;

Eligible Noteholder means any Holder of Senior Subordinated Notes that is an “Accredited Investor” within the meaning defined in Rule 501 of Regulation D promulgated under the Securities Act or a “Qualified Institutional Buyer” within the meaning defined in Rule 144A promulgated under the Securities Act.

Eligible Noteholder means each Noteholder who is (a) located and resident outside the United States and not a U.S. person or acting for the account or benefit of a U.S. person (in each case, as defined in Regulation S under the Securities Act), (b) not a retail investor and, if applicable and acting on a non- discretionary basis, who is acting on behalf of a beneficial owner that is not a retail investor, and (c) otherwise a person to whom the Consent Solicitation in respect of the Notes can be lawfully made and that may lawfully participate in the Consent Solicitation in respect of the Notes;

Examples of Eligible Noteholder in a sentence

• A Noteholder who is not a BIE Eligible Noteholder may not exercise the BIE Option.

• A Noteholder will be required to produce evidence satisfactory to the Information and Tabulation Agent as to his or her status as an Eligible Noteholder and that he or she is a person to whom it is lawful to send the Consent Solicitation Memorandum and to make an invitation to participate in the Consent Solicitation under applicable laws before being sent a copy of the Consent Solicitation Memorandum.

• This is the “Voting Deadline.” If you do not return your Ballot prior to the Voting Deadline or if you are not an Eligible Noteholder, your vote will not be counted.

• Capitalised terms used herein, unless the context otherwise requires, shall have the meaning assigned to such terms in the Notice or the Terms and Conditions.We hereby authorise [Name(s) of the authorised person(s)] to vote on behalf of [Name of the Eligible Noteholder] in the Nominal Amount voted for (in EUR) [ ] in the Written Procedure referred to in the Notice.

• Eligible Noteholder A Noteholder who at the time of the submission of an Exchange Instruction or Consent Instruction is the Beneficial Owner of an aggregate nominal amount of Notes which is equal to or greater than the Minimum Exchange Amount.

More Definitions of Eligible Noteholder

Eligible Noteholder means a Noteholder who is: (a): (i) located and resident outside the United States and is not a U.S. person (as defined in Regulation S under the Securities Act); or (ii) a "qualified institutional buyer," as such term is defined in Rule 144A under the Securities Act that has provided a validly signed Qualified Institutional Buyer Confirmation Letter in the form and manner set out in the Consent Solicitation Memorandum; (b) not a retail investor in either the EEA or the UK; and (c) otherwise a person to whom the Consent Solicitation can be lawfully made and that may lawfully participate in the Consent Solicitation;

Eligible Noteholder means each Noteholder who is (a) not a Sanctions Restricted Person, (b) an eligible counterparty or a professional client (each as defined in MiFID II) or an eligible counterparty (as defined in the COBS) or a professional client (as defined in UK MiFIR), (c) located and resident outside the United States and not a U.S. person (as defined in Regulation S under the Securities Act) and (d) otherwise a person to whom the Consent Solicitation can be lawfully made and that may lawfully participate in the Consent Solicitation;

Eligible Noteholder means a Senior Unsecured Noteholder (including any Commitment Party) holding Senior Unsecured Notes as at the Participation Record Date that: (i) if such Person is in the United States, is (A) an institution that is an "accredited investor" within the meaning of Rule 501(a)(1), (2), (3) or (7) of Regulation D under the US Securities Act or (B) a "qualified institutional buyer" as defined in Rule 144A ("Rule 144A") under the US Securities Act; and (ii) if such Person is resident in Canada or otherwise outside of the United States, is qualified to participate in the Pro Rata Offering in accordance with the Laws of its jurisdiction of residence, including Regulation S under the US Securities Act and it has provided evidence satisfactory to the Applicants to demonstrate such qualification;

Eligible Noteholder means the Original Noteholder and/or any Affiliate thereof in aggregate holding 100 per cent. of the outstanding Notes.

Eligible Noteholder means a beneficial holder of one or more Notes constituting 100 per cent. of the principal amount of the Notes outstanding on the Collateral Valuation Date, the Credit Event Notice Date or the Early Redemption Event Determination Date (as applicable) who has provided the Calculation Agent with (i) their contact details and evidence satisfactory to the Calculation Agent of their beneficial holding of the Notes on such date (including, without limitation, by sending a notice via the relevant clearing system); and (ii) such account opening, know-your-customer or other documentation reasonably requested by the Calculation Agent, provided that if the Calculation Agent has determined in its sole and absolute discretion that a sale of Securities to such beneficial holder of the Notes will contravene any relevant law or regulation or any internal policy of the Calculation Agent that would apply if the Calculation Agent were the seller, such holder shall not be an Eligible Noteholder;

Eligible Noteholder means a beneficial holder of one or more Notes that is: (a) a resident of Canada for purposes of the Tax Act and not exempt from tax under Part I of the Tax Act; or (b) a partnership, each member of which is a resident of Canada for purposes of the Tax Act and not exempt from tax under Part I of the Tax Act;

Eligible Noteholder means entities or institutions (excluding natural persons) that, at the point of offer or sale, are Qualified Buyers, whether on the primary or secondary markets.