Non-Permitted Holder definition

Non-Permitted Holder. The meaning specified in Section 2.11(b).

Non-Permitted Holder. As defined in Section 2.11(b).

Non-Permitted Holder means (i) any U.S. person that becomes the Holder or beneficial owner of an interest in any Note that (a) is not either (1) a Qualified Institutional Buyer and a Qualified Purchaser (or an entity owned exclusively by Qualified Purchasers) or (2) solely in the case of Subordinated Notes held in the form of Definitive Securities, an Institutional Accredited Investor and a Qualified Purchaser (or an entity owned exclusively by Qualified Purchasers) or (b) does not have an exemption available under the Securities Act and the Investment Company Act, (ii) any Non-Permitted ERISA Holder or (iii) any Non-Permitted Tax Holder.

Examples of Non-Permitted Holder in a sentence

• The proceeds of such sale, net of any commissions, expenses and taxes due in connection with such sale shall be remitted to the Non-Permitted Holder.

• The Holder of each Note, the Non-Permitted Holder and each other Person in the chain of title from the Holder to the Non-Permitted Holder, by its acceptance of an interest in the Notes, agrees to cooperate with the Issuer, the Collateral Manager and the Trustee to effect such transfers.

• If such Non-Permitted Holder fails to so transfer such Notes, the Issuer or the Collateral Manager acting for the Issuer shall have the right, without further notice to the Non-Permitted Holder, to sell such Notes or interest in such Notes to a purchaser selected by the Issuer that is not a Non-Permitted Holder on such terms as the Issuer may choose.

• If such Non-Permitted Holder fails to so transfer its Note or interest therein, the Issuer shall have the right, without further notice to the Non-Permitted Holder, to sell such Note or interest therein to a purchaser selected by the Issuer that is not a Non-Permitted Holder on such terms as the Issuer may choose.

• In addition, the acquisition of Notes by a Non-Permitted Holder under Section 2.12(b) shall be null and void ab initio.

More Definitions of Non-Permitted Holder

Non-Permitted Holder has the meaning provided in Section 4.02(s)(ii).

Non-Permitted Holder. The meaning specified in Section 2.5(g)(ii).

Non-Permitted Holder. (a) Any U.S. Person that becomes the beneficial owner of any Preferred Shares or interest in Preferred Shares and is not a Qualified Institutional Buyer and a Qualified Purchaser, (b) any Person for which the representations made, or deemed to be made, by such Person for purposes of ERISA, Section 4975 of the Code or applicable Similar Law in any representation letter or Purchaser Certificate, or by virtue of deemed representations are or become untrue, (c) any Benefit Plan Investor or (d) a Non-Permitted AML Holder.

Non-Permitted Holder has the meaning given in Section 2.12(b). “Office” has the meaning given in Section 6.1(a).

Non-Permitted Holder. The meaning specified in Section 2.11(b) and any Non-Permitted AML Holder.

Non-Permitted Holder. (a) Any U.S. person (as defined in Regulation S) that becomes the beneficial owner of any Preferred Shares or interest in Preferred Shares and is not a Qualified Institutional Buyer and a Qualified Purchaser, (b) any Person for which the representations made, or deemed to be made, by such Person for purposes of ERISA, Section 4975 of the Code or applicable Similar Law in any representation letter or Purchaser Certificate, or by virtue of deemed representations are or become untrue, (c) any Benefit Plan Investor or (d) a Non-Permitted AML Holder.

Non-Permitted Holder has the meaning set forth in Section 2.12(m). “Non-U.S. Person” means any Person who is not a “U.S. Person” as defined in Regulation S under the Securities Act. “Noteholder” or “Holder” means a Person in whose name a Note is registered in the Note Register. “Note Rate” has the meaning set forth in Section 2.07. “Note Register” has the meaning set forth in Section 2.12(a). “Note Registrar” means any Person acting as Note Registrar pursuant to Section 2.12(a). “Notes” has the meaning set forth in the recitals to this Indenture. “Offer” has the meaning set forth in Section 4.09(b).