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).
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.
If the Transaction Security is being enforced pursuant to Clause 10.2 (Enforcement Instructions), the Security Agent shall enforce the Transaction Security in such manner (including, without limitation, the selection of any administrator (or any analogous officer in any jurisdiction) of any Debtor to be appointed by the Security Agent) the Majority Instructing Creditors shall instruct or, in the absence of any such instructions, as the Security Agent considers in its discretion to be appropriate.
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.
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.
Prior to the Senior Discharge Date, the Intra-Group Lenders may not take, accept or receive the benefit of any Security, guarantee, indemnity or other assurance against loss in respect of the Intra-Group Liabilities unless that Security, guarantee, indemnity or other assurance against loss is expressly permitted under the terms of the Senior Facilities Agreement or (to the extent not permitted) prior to the Senior Discharge Date, the prior consent of the Majority Instructing Creditors is obtained.
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.