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.
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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.
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Initial Securityholder means NorthStar Partnership, L.P., a Delaware limited liability company.
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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.

  • 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.

  • 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 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.

  • Initial Securityholder and the Company desire to enter into this Agreement to provide the Initial Securityholder with certain rights relating to the registration of the Initial Shares, the registration of the Insider Warrants and the registration of the New Sponsor Warrants.


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

  • NIM Securities Any debt securities secured or otherwise backed by some or all of the Class X and Class P Certificates that are rated by one or more Rating Agencies.

  • 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.

  • 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 has the meaning set forth in Section 2.02.

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

  • Equity Holder means a person that has an ownership interest in a debtor or a debtor's business, including a shareholder, in so far as that person is not a creditor;

  • 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 other person that holds Founder Shares; (v) “Private Placement Warrants” shall mean the Warrants to purchase an aggregate of 6,000,000 Ordinary Shares of the Company (or up to 6,600,000 Ordinary Shares of the Company depending on the extent to which the Underwriters’ over-allotment option is exercised pursuant to the Underwriting Agreement) that the Sponsor has agreed to purchase for an aggregate purchase price of $6,000,000 (or up to $6,600,000 depending on the extent to which the Underwriters’ over-allotment option is exercised pursuant to the Underwriting Agreement), 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 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, (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).

  • Initial Purchase Date means the date on which the first Purchase made pursuant to this Agreement shall occur.

  • Holder Group means the Holder plus any other Person with which the Holder is considered to be part of a group under Section 13 of the Exchange Act or with which the Holder otherwise files reports under Sections 13 and/or 16 of the Exchange Act. In determining the number of Equity Interests of a particular class outstanding at any point in time, the Holder may rely on the number of outstanding Equity Interests of such class as reflected in (x) the Company’s most recent Annual Report on Form 10-K or Quarterly Report on Form 10-Q filed with the Securities and Exchange Commission, as the case may be, (y) a more recent public announcement by the Company or (z) a more recent notice by the Company or its transfer agent to the Holder setting forth the number of Equity Interests of such class then outstanding. For any reason at any time, upon written or oral request of the Holder, the Company shall, within one (1) Trading Day of such request, confirm orally and in writing to the Holder the number of Equity Interests of any class then outstanding. Anything herein to the contrary, any increase in the Beneficial Ownership Limitation will not be effective until the 61st day after such notice is delivered to the Company. The provisions of this Section 10 shall be construed, corrected and implemented in a manner so as to effectuate the intended beneficial ownership limitation herein contained.