Holder Claims definition

Holder Claims means the rights and claims of the Trustee (in respect of Notes) and of the Holders in respect of Notes.
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Holder Claims means the rights and claims of the Trustee (in respect of the principal of and Distributions (including Arrears of Distributions and Additional Distribution Amounts) on the Capital Securities) and of the Holders;
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Holder Claims means any and all actions, causes of action, suits, claims, complaints, contracts, liabilities, obligations, agreements, promises, torts, debts, damages, controversies, judgments, expenses, setoffs, legal obligations of any nature, debt and equity interests, rights and demands, whether existing or contingent, known or unknown, knowable or un-knowable, liquidated or non-liquidated, fixed or contingent, suspected or unsuspected, in law, in equity or otherwise, arising out of or relating to the Units owned by such Holder, such Xxxxxx’s ownership of Units or such Holder’s status as member of FIF with respect to the Units. Notwithstanding the foregoing, this release shall not be construed to impair such Xxxxxx’s right to enforce the provisions of this Agreement, or to enforce any rights that such Holder may have through the Closing under Sections 2.8 through 2.10 of the Operating Agreement (regarding indemnification, exculpation and reliance). Such Holder represents and warrants that neither it nor any other of such Xxxxxx’s Releasing Parties has assigned or transferred, or purported to assign or transfer, any Holder Claim herein released.
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Examples of Holder Claims in a sentence

  • The First Lien Administrative Agent shall be the disbursing agent for the Allowed First Lien Holder Claims.

  • The Second Lien Administrative Agent shall be the disbursing agent for the Allowed Second Lien Holder Claims.

  • Distributions under the Prepackaged Plan to holders of such Allowed First Lien Holder Claims shall be made by the Post-Effective Date Debtor to the First Lien Administrative Agent, which, in turn, shall make the distributions to the holders of such Allowed Claims.

  • Distributions under the Prepackaged Plan to holders of Allowed Second Lien Holder Claims, if any, shall be made by the Post-Effective Date Debtor to the First LienAdministrative Agent, which shall make distributions to the Second Lien Administrative Agent on behalf of the holders of Allowed Second Lien Holder Claims in accordance with the First Lien Credit Agreement, Second Lien Credit Agreement, and any relevant intercreditor agreement.

  • Pending a further ruling from the Bankruptcy Court as to whether Claims in Class 2 (First Lien Holder Claims) and Class 3 (Second Lien Holder Claims) and Equity Interests in Class 12 (TRBP Equity Interests) are impaired under the Prepackaged Plan, holders of Claims and Equity Interests in these classes are entitled to vote to accept or reject the Prepackaged Plan.

  • The Solicitation Package shall provide the Plan, the Disclosure Statement, and the Disclosure Statement Order (without exhibits, except the Solicitation and Voting Procedures) in electronic format, and all other contents of the Solicitation Package, including the Ballots and the Cover Letter, shall be provided in paper format, except with respect to Holders of Claims in Class 3 (Account Holder Claims), who shall receive the entire Solicitation Package in electronic format.

  • This waiver extends to all such Claims, including Claims that involve Persons other than the Company and Holder; Claims that arise out of or are in any way connected to the relationship between the Company and Holder; and any Claims for damages, breach of contract, specific performance, or any equitable or legal relief of any kind, arising out of this Warrant Agreement.

  • The two largest Holders of Allowed Note Holder Claims in Class 1, Steven Mooney ($4,686,458 Conversion Value) and Bruce Hansen ($1,048,293 Conversion Value), will convert their Class 1 Claims to equity interest in the Reorganized Debtor.

  • Distributions under the Prepackaged Plan to holders of such Allowed First Lien Holder Claims will be made by the Post-Effective Date Debtor to the First Lien Administrative Agent, which, in turn, will make the distributions to the holders of such Allowed Claims.

  • Distributions under the Prepackaged Plan to holders of Allowed Second Lien Holder Claims, if any, shall be made by the Post-Effective Date Debtor to the First Lien Administrative Agent, which shall make distributions to the Second Lien Administrative Agent on behalf of the holders of Allowed Second Lien Holder Claims in accordance with the First Lien Credit Agreement, Second Lien Credit Agreement, and any relevant intercreditor agreement.


More Definitions of Holder Claims

Holder Claims means any and all actions, causes of action, suits, claims, complaints, contracts, liabilities, obligations, agreements, promises, torts, debts, damages, controversies, judgments, expenses, setoffs, legal obligations of any nature, debt and equity interests, rights and demands, whether existing or contingent, known or unknown, knowable or un-knowable, liquidated or non-liquidated, fixed or contingent, suspected or unsuspected, in law, in equity or otherwise, arising out of or relating to the Units, Xxxxxx’s ownership of the Units or Holder’s status as member of FIF with respect to the Units. Notwithstanding the foregoing, this release shall not be construed to impair Xxxxxx’s right to enforce the provisions of this Agreement or to enforce any rights that Holder may have through the Closing under Sections 2.8 through 2.10 of the Operating Agreement (regarding indemnification, exculpation and reliance). Holder represents and warrants that neither it nor any other of the Holder Releasing Parties has assigned or transferred, or purported to assign or transfer, any Holder Claim herein released.
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Holder Claims means any and all present and future "claims" (used in its broadest sense, as contemplated by and defined in Section 101(5) of the Bankruptcy Code, but without regard to whether such claim would be disallowed under the Bankruptcy Code) of the Holder now or hereafter arising or existing under or relating to the Note Purchase Agreement, this Note and the Security Agreement, whether joint, several, or joint and several, whether fixed or indeterminate, due or not yet due, contingent or non-contingent, matured or unmatured, liquidated or unliquidated, or disputed or undisputed, whether under a guaranty or a letter of credit, and whether arising under contract, in tort, by law or otherwise, any interest or fees thereon (including interest or fees that accrue after the filing of a petition by or against the Company under the Bankruptcy Code, irrespective of whether allowable under the Bankruptcy Code), any costs of Enforcement Actions, including reasonable attorneys' fees and costs, and any prepayment or termination premiums.
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Related to Holder Claims

  • Noteholder Claims means all Obligations in respect of the Notes or arising under the Noteholder Documents or any of them, including all fees and expenses of the Trustee thereunder.

  • Senior Claims means, (a) with respect to the RBL Priority Collateral, each of the First-Priority Lien Obligations secured by such Collateral and, (b) with respect to the Term/Notes Priority Collateral, each of the Second-Priority Lien Obligations secured by such Collateral.

  • Senior Lender Claims means (a) the principal of all Indebtedness outstanding under one or more of the Senior Lender Documents to the extent not prohibited by the Indenture (as in effect on the date hereof), and (b) all other Obligations not constituting principal of Indebtedness of any Obligor under the Senior Lender Documents, including, without limitation, all claims under the Senior Lender Documents for interest, fees, expense reimbursements, indemnification and other similar claims. Senior Lender Claims shall include all interest accrued or accruing (or which would, absent the commencement of an Insolvency or Liquidation Proceeding, accrue) after the commencement of an Insolvency or Liquidation Proceeding in accordance with and at the rate specified in the Senior Credit Agreement whether or not the claim for such interest is allowed as a claim in such Insolvency or Liquidation Proceeding. To the extent any payment with respect to the Senior Lender Claims (whether by or on behalf of any Obligor, as proceeds of security, enforcement of any right of setoff or otherwise) is declared to be fraudulent or preferential in any respect, set aside or required to be paid to a debtor in possession, trustee, receiver or similar Person, then the obligation or part thereof originally intended to be satisfied shall be deemed to be reinstated and outstanding as if such payment had not occurred. Notwithstanding anything to the contrary contained in the first sentence of this definition, any principal Indebtedness (including reimbursement obligations for drawn or undrawn letters of credit) incurred under the Senior Credit Agreement shall constitute a "Senior Lender Claim" (whether or not such Indebtedness is at any time determined not to have been permitted to be incurred under the Indenture), to the extent, after giving effect to such incurrence, the aggregate principal amount of Indebtedness outstanding under the Senior Credit Agreement does not exceed $15,000,000 (less any prior permanent reductions in the Revolving Loan Commitment).

  • Priority Claims means, collectively, Priority Tax Claims and Other Priority Claims.

  • AWR Claim means any complaint or claim to a tribunal or court made by or on behalf of the Agency Worker against the Hirer and/or the Employment Business for any breach of the AWR;

  • Pari Passu Lien Obligations means any Financial Indebtedness that has equal or substantially equal Security Interest priority to the Facilities on the Security (taking into account any intercreditor arrangements).

  • Senior Obligations is defined in Section 5.1 of this Agreement.

  • Subordinated Claims means the aggregate amount of all claims admitted in the winding up or dissolution of the Issuer which rank, or are expressed to rank, junior to claims in respect of the Senior Non-Preferred Notes or other Senior Non-Preferred Claims, including (without limitation) claims of creditors in respect of the Subordinated Notes, and the obligations of the Issuer which constitute, or would but for any applicable limitation on the amount of such capital constitute, Tier 2 Capital, Additional Tier 1 Capital (including, without limitation, the Issuer’s permanent interest bearing shares (if any)) or CET1 Capital (including the Issuer’s core capital deferred shares (if any)); and

  • IPR Claim means any claim of infringement or alleged infringement (including the defence of such infringement or alleged infringement) of any IPR, used to provide the Services or as otherwise provided and/or licensed by the Supplier (or to which the Supplier has provided access) to the Authority in the fulfilment of its obligations under this Framework Agreement;

  • Parity Lien Obligations means Parity Lien Debt and all other Obligations in respect thereof.

  • Discharge of Senior Lender Claims means, except to the extent otherwise provided in Section 5.7 below, payment in full in cash (except for contingent indemnities and cost and reimbursement obligations to the extent no claim has been made) of (a) all Obligations in respect of all outstanding Senior Lender Claims and, with respect to letters of credit or letter of credit guaranties outstanding thereunder, delivery of cash collateral or backstop letters of credit in respect thereof in compliance with the Credit Agreement, in each case after or concurrently with the termination of all commitments to extend credit thereunder and (b) any other Senior Lender Claims that are due and payable or otherwise accrued and owing at or prior to the time such principal and interest are paid; provided that the Discharge of Senior Lender Claims shall not be deemed to have occurred if such payments are made with the proceeds of other Senior Lender Claims that constitute an exchange or replacement for or a refinancing of such Obligations or Senior Lender Claims. In the event the Senior Lender Claims are modified and the Obligations are paid over time or otherwise modified pursuant to Section 1129 of the Bankruptcy Code, the Senior Lender Claims shall be deemed to be discharged when the final payment is made, in cash, in respect of such indebtedness and any obligations pursuant to such new indebtedness shall have been satisfied.

  • Parity Obligations means (i) all obligations of the Issuer in respect of Tier 1 Instruments (excluding any such obligations that rank, or are expressed to rank, junior to claims in respect of the Notes), and (ii) any other securities or obligations (including, without limitation, any guarantee, credit support agreement or similar undertaking) of the Issuer that rank, or are expressed to rank, pari passu with claims in respect of the Notes and/or any Parity Obligation.

  • Junior Obligations means the Junior Obligations of the Guarantor and the Junior Obligations of the Issuer;

  • Junior Priority Obligations means the Initial Junior Priority Obligations and any Additional Obligations constituting Junior Priority Debt.

  • Senior Priority Obligations as defined in the Base Intercreditor Agreement.

  • Second Lien Obligations means the “Obligations” as defined in the Second Lien Credit Agreement.

  • Initial Additional First Lien Obligations means the [Obligations] as such term is defined in the Initial Additional First-Lien Security Agreement.

  • Other Pari Passu Lien Obligations means any Indebtedness or other Obligations (including Hedging Obligations) having Pari Passu Lien Priority relative to the Notes with respect to the Collateral; provided that an authorized representative of the holders of such Indebtedness shall have executed a joinder to the ABL-Notes Intercreditor Agreement and a joinder to the Pari Passu Intercreditor Agreement or the Pari Passu Intercreditor Agreement.

  • Senior Class Debt Parties has the meaning assigned to such term in Section 8.09.

  • Secured Claims means Claims held by “secured creditors” as defined in the CCAA, including Construction Lien Claims, to the extent of the Allocated Value of the Property securing such Claim, with the balance of the Claim being a Deficiency Claim, and amounts subject to section 6(6) of the CCAA;

  • First Lien Obligations means the Obligations and the Permitted Other Indebtedness Obligations that are secured by Liens on the Collateral that rank on an equal priority basis (but without regard to the control of remedies) with Liens on the Collateral securing the Obligations.

  • Other First Lien Obligations means (a) the due and punctual payment by any Loan Party of (i) the unpaid principal of and interest (including interest accruing during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable as a claim in such proceeding) on Indebtedness under any Other First Lien Agreement, when and as due, whether at maturity, by acceleration, upon one or more dates set for prepayment or otherwise, and (ii) all other monetary obligations of such Loan Party to any Secured Party under any Other First Lien Agreement, including obligations to pay fees, expense reimbursement obligations and indemnification obligations, whether primary, secondary, direct, contingent, fixed or otherwise (including monetary obligations incurred during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable as a claim in such proceeding), (b) the due and punctual performance of all other obligations of such Loan Party under or pursuant to any Other First Lien Agreement and (c) the due and punctual payment and performance of all the obligations of each other Loan Party under or pursuant to any Other First Lien Agreement.

  • Senior Class Debt Representative has the meaning assigned to such term in Section 8.09.

  • Priority Claim means a Claim that is entitled to priority in payment pursuant to section 507(a) of the Bankruptcy Code that is not an Administrative Claim or a Priority Tax Claim.

  • Parity Obligation means any instrument or other obligation issued or entered into by the Issuer that constitutes or qualifies as Additional Tier 1 Capital (or its equivalent) under applicable Capital Regulations or any instrument or other obligation issued, entered into, or guaranteed by the Issuer that ranks or is expressed to rank pari passu with the Capital Securities by operation of law or contract, which for the avoidance of doubt, excludes any Junior Obligations of the Issuer.

  • Additional First Lien Obligations means all amounts owing to any Additional First-Lien Secured Party (including the Initial Additional First-Lien Secured Parties) pursuant to the terms of any Additional First-Lien Document (including the Initial Additional First-Lien Documents), including, without limitation, all amounts in respect of any principal, premium, interest (including any interest accruing subsequent to the commencement of a Bankruptcy Case at the rate provided for in the respective Additional First-Lien Document, whether or not such interest is an allowed claim under any such proceeding or under applicable state, federal or foreign law), penalties, fees, expenses, indemnifications, reimbursements, damages and other liabilities, and guarantees of the foregoing amounts.