Initial Note Holders shall have the meaning assigned to such term in the preamble to this Agreement.
Exchange Notes means the Notes issued in the Exchange Offer pursuant to Section 2.06(f) hereof.
Exchange Note Issuance Date has the meaning stated in Section 2.2(a)(i) of the Exchange Note Supplement.
Initial Note Holder means each of the Initial Note A-1 Holder, the Initial Note A-2 Holder, the Initial Note A-3-1 Holder, the Initial Note A-3-2 Holder, the Initial Note A-4 Holder, the Initial Note A-5-1 Holder, the Initial Note A-5-2 Holder, the Initial Note A-6 Holder and the Initial Note A-7 Holder.
Initial Noteholders shall have the meaning assigned to such term in the recitals.
Exchange Note Supplement means the 2018-B Exchange Note Supplement, dated as of the Cutoff Date, to the Credit and Security Agreement.
Initial Note A-8 Holder shall have the meaning assigned to such term in the preamble to this Agreement.
Lead Securitization Note Holder means the holder of the Lead Securitization Note.
Non-Lead Securitization Note Holder means any holder of a Non-Lead Securitization Note.
Private Exchange Notes See Section 2(b) hereof.
Initial Note A-6 Holder shall have the meaning assigned to such term in the preamble to this Agreement.
Initial Note A-7 Holder shall have the meaning assigned to such term in the preamble to this Agreement.
Exchange Note Interest Rate has the meaning stated in Section 2.2(a)(vi) of the Exchange Note Supplement.
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.
Subordinated Note Indenture means the Indenture dated as of the Closing Date, among the Borrower, the guarantors party thereto and The Bank of New York, as trustee, pursuant to which the Subordinated Notes are issued, as the same may be amended, supplemented or otherwise modified from time to time to the extent permitted by Section 10.7(b).
Initial Note A-5 Holder shall have the meaning assigned to such term in the preamble to this Agreement.
Non-Lead Note Holders means the holders of the Non-Lead Notes.
MAC Notes The Classes of Modifiable And Combinable STACR® Notes shown on
Non-Securitizing Note Holder means, with respect to a Securitization, each Note Holder that is not a Securitizing Note Holder with respect to such Securitization.
Exchange Note means the Closed-End Exchange Note.
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.
Initial Note A-4 Holder shall have the meaning assigned to such term in the preamble to this Agreement.
Initial Note B Holder shall have the meaning assigned to such term in the preamble to this Agreement.
Note Holders means collectively, the Note A-1 Holder and the Note A-2 Holder.
Senior Secured Note Indenture means the Indenture dated as of November 5, 2009, among the Issuers, the Note Guarantors (as defined therein) and The Bank of New York Mellon, as trustee, principal paying agent, transfer agent and registrar, as amended, extended, restructured, renewed, refunded, novated, supplemented, restated, replaced or modified from time to time;
Convertible Note Indenture means the Indenture dated as of February 21, 2014 between Emergent and the Convertible Note Trustee pursuant to which the Convertible Notes were issued.