Initial Securityholder definition

Initial Securityholder means, on any date, E-Sun Bank provided that it is demonstrated to the satisfaction of the Counterparty that, on such date, E-Sun Bank is and continues to be, the legal owner and beneficial holder of 100% of the aggregate principal amount of Securities outstanding on such date. To the extent that this is not the case then references to the Initial Securityholder in this Confirmation shall be ignored.
Sample 1Sample 2Sample 3
Initial Securityholder means E-Sun Bank, provided that it is demonstrated to the satisfaction of the Trustee that during the period from and including the time of the relevant event causing the early redemption of the Securities, up to and including the date due for payment of the Early Redemption Amount, E-Sun Bank is and continues to be the legal owner and beneficial holder of 100% of the aggregate principal amount of Securities outstanding at such time. To the extent that this is not the case then the provisions of this paragraph 41(iv)40(v) (Initial Securityholder’s right to bid for the Charged Assets following early redemption of the Securities) shall not apply.
Sample 1
Initial Securityholder means NorthStar Partnership, L.P., a Delaware limited liability company.
Sample 1Sample 2Sample 3

Examples of Initial Securityholder in a sentence

  • The Insider Shares shall be released upon notice to the Escrow Agent by any Initial Securityholder or the Company that the foregoing requirements have been met.

  • Each of the Initial Securityholders has executed a letter agreement with the Company, dated as of the date hereof, and the form of which is filed as an exhibit to the Registration Statement (“Insider Letter”), respecting the rights and obligations of such Initial Securityholder in certain events, including but not limited to the liquidation of the Company.

  • Each of the Initial Securityholders has executed a letter agreement with Chardan and the Company, dated as indicated on Exhibit A hereto, and the form of which is filed as an exhibit to the Registration Statement (“Insider Letter”), respecting the rights and obligations of such Initial Securityholder in certain events, including but not limited to the liquidation of the Company.

  • Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Initial Securityholder in the negotiation, administration, performance or enforcement hereof.

  • This Agreement is the joint product of the Initial Securityholder and the Company and each provision hereof has been subject to the mutual consultation, negotiation and agreement of such parties and shall not be construed for or against any party hereto.

  • This Agreement and the provisions hereof shall be binding upon and shall inure to the benefit of each of the parties and its successors and the permitted assigns of the Initial Securityholder or holder of Registrable Securities or of any assignee of the Initial Securityholder or holder of Registrable Securities.

  • Upon completion of the Private Units Escrow Period, the Escrow Agent shall disburse each Initial Securityholder’s Private Units to such Initial Securityholder; provided, however, that if the Escrow Agent is notified by the Company pursuant to Section 6.7 hereof that the Company is being liquidated at any time during the Escrow Period, then the Escrow Agent shall promptly destroy the certificates representing the Private Units.

  • The provisions of this Agreement, including the provisions of this sentence, may not be amended, modified or supplemented, and waivers or consents to departures from the provisions hereof may not be given without the prior written consent of the Company and the Initial Securityholder.

  • Palm Grove House, Palm Grove Park Road Town, Tortola, VG1110, British Virgin Islands To the Initial Securityholder, to: FWAC Holdings Limited Post Box 4649, Palm Grove House, Palm Grove Park Road Town, Tortola, VG1110, British Virgin Islands Attn: Chief Financial Officer and in either case, with a copy to (which shall not constitute notice): Ellenoff Xxxxxxxx & Schole LLP 000 Xxxx 00xx Xxxxxx, 00xx Xxxxx Xxx Xxxx XX 00000 Attn: Xxxxxxx X.

  • Neither the Company nor any officer, director or Initial Securityholder has violated: (a) the Bank Secrecy Act, as amended, (b) the Money Laundering Control Act of 1986, as amended, or (c) the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001, and/or the rules and regulations promulgated under any such law, or any successor law.


More Definitions of Initial Securityholder

Initial Securityholder means E-Sun Bank provided that it is demonstrated to the satisfaction of the Trustee that during the period from and including the time of the relevant event causing the early redemption of the Securities, up to and including the date due for payment of the Early Redemption Amount, E-Sun Bank is and continues to be the legal owner and beneficial holder of 100% of the aggregate principal amount of Securities outstanding at such time. To the extent that this is not the case then the provisions of this paragraph 40(v) (Initial Securityholder’s right to bid for the Charged Assets following early redemption of the Securities) shall not apply. Signed on behalf of the Issuer: By: Name: Title:ANNEX 1 FORM OF CREDIT DEFAULT SWAP TRANSACTION CONFIRMATION AMENDED AND RESTATED FORM OF CREDIT DEFAULT SWAP TRANSACTION CONFIRMATION Date: 6 November 2015 as amended and restated on 18 November 2015 To: Douro Finance B.V. From: Banco Bilbao Vizcaya Argentaria, S.A. Our reference: Securities ISIN Code: XS1320233445Re: Series 2015-291 USD 20,000,000 Callable Secured Limited Recourse Credit- Linked Securities due 2025(the “Securities”) – Credit Default Swap Transaction Confirmation This Amended and Restated Credit Default Swap Transaction Confirmation amends and restates the original Credit Default Swap Transaction Confirmation entered into between the parties hereto in connection with the Series identified above on or prior to the date hereof with effect from the date of the original Credit Default Swap Transaction Confirmation. Ladies and Gentlemen: The purpose of this letter agreement is to set forth the terms and conditions of the single Transaction entered into between Banco Bilbao Vizcaya Argentaria, S.A. ("Party A") and Douro Finance B.V. ("Party B") on the Trade Date specified below (the "Transaction"). This constitutes a "Confirmation" as referred to in the Agreement specified below. The definitions and provisions contained in the 2006 ISDA Definitions (the "Definitions") as published by the International Swaps and Derivatives Association, Inc. (“ISDA”) are incorporated by reference herein. The definitions and provisions contained in the 2014 ISDA Credit Derivatives Definitions, (the “Credit Derivatives Definitions”) each as published by the International Swaps and Derivatives Association, Inc., are incorporated into this Confirmation, subject to the modifications and exclusions below. In the event of any inconsistency between the Definitions and/or the Credit Derivat...
Sample 1
Initial Securityholder means, on any date, E-Sun Bank provided that it is demonstrated to the satisfaction of the Counterparty that, on such date, E-Sun Bank is and continues to be, the legal owner and beneficial holder of 100% of the aggregate principal amount of Securities outstanding on such date. To the extent that
Sample 1

Related to Initial Securityholder

  • Initial Securities As defined in the preamble hereto.

  • Securityholder or Holder Any Noteholder or a Certificateholder.

  • Company Securityholders means the Company Stockholders, Company Optionholders and Company Warrantholders, collectively.

  • Securityholder means the Person in whose name a Security is registered on the Registrar's books.

  • Individual Securities shall have the meaning specified in Section 3.01(p).

  • 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 Purchaser As defined in the preamble hereto.

  • Initial Shareholder means any beneficial owner of the Company’s unregistered securities.

  • Initial Noteholders shall have the meaning assigned to such term in the recitals.

  • NIM Securities As defined in the tenth Recital to this Agreement.

  • Initial Holder has the meaning set forth in the preamble.

  • Certificateholder or Holder The person in whose name a Certificate is registered in the Certificate Register, except that, solely for the purpose of giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor or any affiliate of the Depositor shall be deemed not to be Outstanding and the Percentage Interest evidenced thereby shall not be taken into account in determining whether the requisite amount of Percentage Interests necessary to effect such consent has been obtained; provided, however, that if any such Person (including the Depositor) owns 100% of the Percentage Interests evidenced by a Class of Certificates, such Certificates shall be deemed to be Outstanding for purposes of any provision hereof that requires the consent of the Holders of Certificates of a particular Class as a condition to the taking of any action hereunder. The Trustee is entitled to rely conclusively on a certification of the Depositor or any affiliate of the Depositor in determining which Certificates are registered in the name of an affiliate of the Depositor.

  • Initial Note A-8 Holder shall have the meaning assigned to such term in the preamble to this Agreement.

  • Securityholders means the Noteholders and the Certificateholders.

  • Physical Securities means permanent certificated Securities in registered form issued in denomination of $1,000 Principal Amount and integral multiples thereof.

  • Original Securities means all Securities other than Exchange Securities.

  • Initial Note A-6 Holder shall have the meaning assigned to such term in the preamble to this Agreement.

  • Equity Holder means any Person that owns the Equity Interests in any Practice that is a party to any Management Agreement.

  • Initial Note A-7 Holder shall have the meaning assigned to such term in the preamble to this Agreement.

  • Initial Holders has the meaning set forth in the preamble.

  • Initial Shareholders means the Sponsor and any Insider that holds Founder Shares; (v) “Private Placement Warrants” shall mean the 6,000,000 warrants (or 6,600,000 warrants if the over-allotment option is exercised in full) that the Sponsor has agreed to purchase for an aggregate purchase price of $6,000,000 (or $6,600,000 if the over-allotment option is exercised in full), or $1.00 per warrant, in a private placement that shall occur simultaneously with the consummation of the Public Offering; (vi) “Public Shareholders” shall mean the holders of securities issued in the Public Offering; (vii) “Trust Account” shall mean the trust fund into which a portion of the net proceeds of the Public Offering and the sale of the Private Placement Warrants shall be deposited; and (viii) “Transfer” shall mean the (a) sale of, offer to sell, contract or agreement to sell, hypothecate, pledge, grant of any option to purchase or otherwise dispose of or agreement to dispose of, directly or indirectly, or establishment or increase of a put equivalent position or liquidation with respect to or decrease of a call equivalent position within the meaning of Section 16 of the Exchange Act, and the rules and regulations of the Commission promulgated thereunder with respect to, any security, (b) entry into any swap or other arrangement that transfers to another, in whole or in part, any of the economic consequences of ownership of any security, whether any such transaction is to be settled by delivery of such securities, in cash or otherwise, or (c) public announcement of any intention to effect any transaction specified in clause (a) or (b).

  • Holder or Certificateholder The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master Servicer and any Servicer in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer or such Servicer.

  • Principal Holder means a person who, directly or indirectly, beneficially owns or controls 10% or more of any class of voting securities of the Corporation.

  • Holder means a Person in whose name a Security is registered in the Security Register.

  • Registered Noteholder means the Person in whose name a Note is registered on the Note Register on the applicable Record Date.

  • Initial Stockholders means the Sponsor and any other holder of Founder Shares immediately prior to the Public Offering; (v) “Private Placement Warrants” shall mean the warrants to purchase up to 5,250,000 shares of Common Stock of the Company (or 5,700,000 shares of Common Stock if the over-allotment option is exercised in full) that the Sponsor has agreed to purchase for an aggregate purchase price of $5,250,000 in the aggregate (or $5,700,000 if the over-allotment option is exercised in full), or $1.00 per warrant, in a private placement that shall occur simultaneously with the consummation of the Public Offering; (vi) “Public Stockholders” shall mean the holders of securities issued in the Public Offering; (vii) “Trust Account” shall mean the trust fund into which a portion of the net proceeds of the Public Offering and the sale of the Private Placement Warrants shall be deposited; and (viii) “Transfer” shall mean the (a) sale or assignment of, offer to sell, contract or agreement to sell, hypothecate, pledge, grant of any option to purchase or otherwise dispose of or agreement to dispose of, directly or indirectly, or establishment or increase of a put equivalent position or liquidation with respect to or decrease of a call equivalent position within the meaning of Section 16 of the Exchange Act and the rules and regulations of the Commission promulgated thereunder with respect to, any security, (b) entry into any swap or other arrangement that transfers to another, in whole or in part, any of the economic consequences of ownership of any security, whether any such transaction is to be settled by delivery of such securities, in cash or otherwise, or (c) public announcement of any intention to effect any transaction specified in clause (a) or (b).