Instructing Creditors definition
Examples of Instructing Creditors in a sentence
In the case of such a substitution the Trustee may agree subject to the consent of any Instructing Creditor but without the consent of the Noteholders (to the extent that they are not Instructing Creditors), to a change of the law governing the Notes and/or the Trust Deed provided that such change would not, in the opinion of the Trustee, be materially prejudicial to the interests of the Noteholders.
The Trustee may agree, subject to the consent of each Instructing Creditor but without the consent of the Noteholders (to the extent that they are not Instructing Creditors), to any modification (subject to certain exceptions) of any of these Conditions or any of the provisions of the Trust Deed or any other Transaction Document which is not, in the opinion of the Trustee, materially prejudicial to the interests of the Noteholders.
The Security Assignment, the Supplemental Security Assignment and/or the Pricing Supplement in respect of the relevant Series will specify the Secured Creditor(s) that shall be the Instructing Creditor(s) in relation to that Series of Notes.
The Trustee will, where the interests of the Instructing Creditor (as evidenced by the Instructing Creditor's instructions) conflict with those of the other Secured Creditors (as defined in Condition 4(b)), prefer the interests of such Instructing Creditor over the interests of the other Secured Creditors (and shall not take into account the interests of such other Secured Creditors).
Instructing Creditors For the purposes of the Conditions and this Securities Note, the Instructing Creditor in respect of each applicable Condition and each applicable paragraph of this Securities Note shall be the Noteholders.
Each Intra-Group Lender and Subordinated Creditor will cast its vote in any proposal put to the vote by or under the supervision of any judicial or supervisory authority in respect of any insolvency, pre-insolvency or rehabilitation or similar proceedings relating to any member of the Group as instructed by the Security Agent, and the Security Agent shall give instructions for these purposes in accordance with any instructions given to it by the Majority Instructing Creditors.
The Intercreditor Agent shall have no liability as a result of the late receipt (or failure of receipt) of any Voting Certificates from an Instructing Representative on behalf of itself and, if any, its applicable Instructing Creditors.
In the event that the proposed Decision is not approved by the Instructing Creditors (acting through their applicable Instructing Representatives) prior to the expiration of the Decision Period, then such Decision Request shall be deemed cancelled and the Intercreditor Agent shall take no further action in respect to such proposed Decision.
Promptly after receipt of such Decision Request, the Intercreditor Agent shall provide each Representative (on behalf its applicable Instructing Creditors) with a copy of such Decision Request, and shall request the vote of the Instructing Representatives on such proposed Decision, by delivering an Intercreditor Vote Notice accompanied by a Voting Certificate, to the Instructing Representatives in accordance with the procedures set forth in Section 7.09.
Subject to paragraph 73 below, insofar as both the Noteholder and Counterparty are specified as Instructing Creditors, the consent of both the Counterparty and the Noteholder (as described in sub-paragraphs (i) and (ii) above) shall be required.