Holder Representatives definition

Holder Representatives means Akin Gump Sxxxxxx Hxxxx & Fxxx LLP and Hxxxxxxx Lxxxx Xxxxxx & Zxxxx Capital, Inc.

Holder Representatives has the meaning ascribed to such term in Section 4.14.

Holder Representatives shall have the meaning specified in Section 4.06(a)(ii).

Examples of Holder Representatives in a sentence

• Subject to the foregoing, each of the Controlling Note Holder, the Controlling Note Holder Representative, the Non-Controlling Note Holders and the Non-Controlling Note Holder Representatives shall be permitted to submit an offer at any sale of the Mortgage Loan (unless such Person is a Borrower Party).

• All of the provisions relating to the Controlling Note Holder and the Controlling Note Holder Representative set forth in Section 6(a) (except those contained in the last sentence thereof) and Section 6(b) shall apply to the Non-Controlling Note Holders and the related Non-Controlling Note Holder Representatives mutatis mutandis.

• Subject to the terms of the Lead Securitization Servicing Agreement, each of the Controlling Note Holder, the Controlling Note Holder Representative, the Non-Controlling Note Holders and the Non-Controlling Note Holder Representatives shall be permitted to submit an offer at any sale of the Mortgage Loan unless such Person is the Mortgage Loan Borrower or an agent or Affiliate of the Mortgage Loan Borrower.

• All of the provisions relating to the Controlling Note Holder and the Controlling Note Holder Representative set forth in Section 6(a) and Section 6(b) shall apply to the Non-Controlling Note Holders and the related Non-Controlling Note Holder Representatives mutatis mutandis.

• Subject to the foregoing, each of the Controlling Note Holder, the Controlling Note Holder Representative, the Non-Controlling Note Holders and the Non-Controlling Note Holder Representatives shall be permitted to bid at any sale of the Mortgage Loan unless such Person is the Mortgage Loan Borrower or an agent or Affiliate of the Mortgage Loan Borrower.

More Definitions of Holder Representatives

Holder Representatives has the meaning ascribed to it in Section 3.02(g).

Holder Representatives shall have the meaning set forth in Section 3(a). “Initiating Holder” shall have the meaning set forth in Section 2(a). “Losses” shall have the meaning set forth in Section 5(a). “Parties” shall have the meaning set forth in the preamble to this Agreement. “Person” shall mean any individual, corporation, general partnership, limited partnership, limited liability partnership, joint venture, association, joint-stock company, trust, limited liability company, unincorporated organization, Governmental Authority or any agency or political subdivision thereof. “Piggyback Notice” shall have the meaning set forth in Section 2(b). “Piggyback Registration” shall have the meaning set forth in Section 2(b). “Piggyback Request” shall have the meaning set forth in Section 2(b). “Proceeding” shall mean any action, claim, suit, proceeding or investigation (including a preliminary investigation or partial proceeding, such as a deposition) pending or, to the knowledge of the Corporation, threatened. “Prospectus” shall mean the prospectus included in a Registration Statement (including a prospectus that includes any information previously omitted from a prospectus filed as part of an effective Registration Statement in reliance upon Rule 430A, Rule 430B or Rule 430C promulgated under the Securities Act), as amended or supplemented by any prospectus supplement, with respect to the terms of the offering of any portion of the Registrable Securities covered by a Registration Statement and all other amendments and supplements to the Prospectus, including post-effective amendments, and all material incorporated by reference or deemed to be incorporated by reference in such Prospectus. “Purchase Agreement” shall have the meaning set forth in the recitals to this Agreement. “Purchased Stock” shall have the meaning set forth in the recitals to this Agreement.

Holder Representatives shall have the meaning set forth in Section 3.2(a).

Holder Representatives shall have the meaning specified in Section 4.06(b). “HSR Act” shall have the meaning specified in Section 14.03(b). “Immaterial Subsidiary” shall mean any Foreign Subsidiary that the Company designates in writing to the Representative and Collateral Agent as an “Immaterial Subsidiary”; provided, that, as of the date of the last financial statements required to be delivered pursuant to Section 4.06(a), (a) the Consolidated Total Assets attributable to (i) any such Foreign Subsidiary shall not be in excess of 5.0% of the Consolidated Total Assets of the Company, Parent and the Restricted Subsidiaries on a consolidated basis as of such date and (ii) all such Foreign Subsidiaries shall not be in excess of 10.0% of Consolidated Total Assets of the Company, Parent and the Restricted Subsidiaries on a consolidated basis as of such date, (b) the total revenues attributable to (i) any such Foreign Subsidiary shall not be in excess of 5.0% of the total revenues of the Company, Parent and the Restricted Subsidiaries on a consolidated basis for the trailing twelve (12) month period ending on such date and (ii) all such Foreign Subsidiaries shall not be in excess of 10.0% of total revenues of the Company, Parent and the Restricted Subsidiaries on a consolidated basis for the trailing twelve (12) month period ending on such date and (c) any such Foreign Subsidiary shall not own or exclusively license any Intellectual Property material to the business of the Company or any Guarantor; provided further, that in each case, the Company may designate and re-designate a Subsidiary as an Immaterial Subsidiary at any time, subject to the limitations and requirements set forth in this definition. If the Consolidated Total Assets or total revenues of any Restricted Subsidiary(ies) so designated by Company as “Immaterial Subsidiaries” shall at any time exceed the limits set forth in the preceding sentence, then starting with the “Immaterial Subsidiary” exceeding such limits by the greatest amount, such “Immaterial Subsidiary” shall automatically be deemed to no longer be designated as an Immaterial Subsidiary until the requirements of this definition are satisfied and the Company shall comply with the requirements of Section 4.19 with respect to any such Subsidiary(ies) that no longer constitutes an Immaterial

Holder Representatives means Clutterbuck Capital Management LLC, Whitebox Advisors LLC and Capital Ventures International, acting collectively, for so long as each of them (acting on behalf of itself, certain affiliates and/or funds and accounts that it manages and/or advises) owns Notes. For the avoidance of doubt, any direction, consent, approval, waiver or other action that the Holder Representatives are authorized or permitted to take under this Indenture shall require the agreement of each of Clutterbuck Capital Management LLC, Whitebox Advisors LLC and Capital Ventures International and any reference to Holder Representatives herein shall include each of Clutterbuck Capital Management LLC, Whitebox Advisors LLC and Capital Ventures International.

Holder Representatives means, collectively, the Revolver Representative and the Term Loan Representative, and following the delivery of a Notice of Designation with respect to any Designated Indebtedness, the applicable Financing Agent.

Holder Representatives shall have the meaning assigned in the Security Agreement.