Instructing Creditor definition

Instructing Creditor means, in respect of each Condition in which reference is made to "Instructing Creditor", the entity or entities specified as such for the purposes of each such Condition in the Issue Memorandum and/or Trust Deed and, where the Noteholders are specified as the Instructing Creditor, shall mean (i) the holders of at least one fifth in principal amount of the Notes outstanding acting by written request or (ii) the Noteholders acting by Extraordinary Resolution.
Instructing Creditor means, in relation to a Series of Securities, either: (a) the Counterparty only; or (b) the Securityholders only, as specified in the Issue Terms.
Instructing Creditor means, in relation to a Series of Securities, either: (a) the Counterparty only; (b) the Securityholders only; or (c) the Counterparty and the Securityholders, as specified in the Issue Terms. For the avoidance of doubt, where "the Counterparty or the Securityholders" are specified as the Instructing Creditor there is no requirement for the Counterparty and the Securityholders to act together as Instructing Creditors.

Examples of Instructing Creditor in a sentence

  • For the purposes of these Securities only, the Instructing Creditor shall be the Counterparty.

  • On notice having been given to the Issuer by the Trustee following any such occurrence (and the Instructing Creditor may direct the Trustee to give such notice), the Notes will become repayable in accordance with the Conditions and the security therefor will become enforceable in accordance with and subject to the provisions of Condition 11.


More Definitions of Instructing Creditor

Instructing Creditor means, in relation to a Series of Notes, either: (a) the Counterparty only; or (b) the Noteholders only, as specified in the Issue Terms. Where the Instructing Creditor is the Noteholders, the Instructing Creditor may (where specified) request the Trustee to take actions pursuant to the Conditions by means of a request in writing of the holders of at least 1/5 of the aggregate Outstanding Principal Amount of the Notes of such Series then outstanding or by means of an Extraordinary Resolution of such Noteholders.
Instructing Creditor means, in relation to a Series of Securities, either: (a) the Swap Agreement Counterparty only; (b) Repurchase Agreement Counterparty only; (c) the Securityholders only; or
Instructing Creditor means the Swap Counterparty;
Instructing Creditor means, in relation to each Series, the Secured Creditor (and, in the case of Noteholders, all Noteholders of a particular Series who are deemed to be a single Secured Creditor) which enjoy preferential ranking in the application of the Liquidation Amount applicable to such Series pursuant to Clause 13.1 of the Principal Trust Deed, provided that if no sums are at the applicable time owing to such Secured Creditor in respect of such Series it shall mean the next ranking Secured Creditor set out as such in Clause 13.1;
Instructing Creditor means the Swap Counterparty, and, where there is no Swap Counterparty, the holders of the Senior Notes acting by Extraordinary Resolution, and, where there are no Senior Notes outstanding, the holders of the Junior Notes acting by Extraordinary Resolution;
Instructing Creditor means FSA, unless and until an FSA Event of Default has occurred and is continuing (and has not otherwise been waived or cured to the satisfaction of the Trustee), in which case the Instructing Creditor shall be the Swap Counterparty unless no amounts are thereafter owing to the Swap Counterparty, in which case, the Instructing Creditor shall be one or more Noteholders holding in aggregate no less than 662/3 per cent. of the outstanding Notes.
Instructing Creditor means the person determined to be the "Instructing Creditor" in respect of the relevant Series of Commodity Securities in accordance with Condition 4 (Status of the Commodity Securities and Instructing Creditor).