Subsequent Notes means any Notes issued after the First Issue Date on one or more occasions.
Note A-8 Holder means the Initial Note A-8 Holder or any subsequent holder of Note A-8, as applicable.
Note A-5 Holder means the Initial Note A-5 Holder or any subsequent holder of Note A-5, as applicable.
Series B Holder means a Record Holder of the Series B Preferred Units.
Note A-7 Holder means the Initial Note A-7 Holder or any subsequent holder of Note A-7, as applicable.
Note A-6 Holder means the Initial Note A-6 Holder or any subsequent holder of Note A-6, as applicable.
Holder means a Person in whose name a Security is registered in the Security Register.
Stock Option means a contractual right granted to an Eligible Person under Section 6 hereof to purchase shares of Common Stock at such time and price, and subject to such conditions, as are set forth in the Plan and the applicable Award Agreement.
Related Option means an Option with respect to which a Stock Appreciation Right has been granted.
Series B Equipment Notes means Equipment Notes issued and designated as “Series B Equipment Notes” under the Indenture, in the original principal amount and maturities as specified in Schedule I to the Indenture under the heading “Series B Equipment Notes” and bearing interest at the Debt Rate for Series B Equipment Notes specified in Schedule I to the Indenture.
Incentive Share Option means an Option that is intended to meet the requirements of Section 422 of the Code or any successor provision thereto.
Vested Option means any Option, which has already been vested according to the Vesting Dates.
Unvested Option means an Option in respect of which the relevant Vesting Conditions have not been satisfied and as such, the Option Grantee has not become eligible to exercise the Option.
Noteholder means the Person in whose name a Note is registered on the Note Register.
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.
Top-Up Option has the meaning set forth in Section 1.04(a).
Series C Shares means the shares of Fixed Rate Cumulative Perpetual Preferred Stock, Series C, of the Company.
Class E Noteholder means the Person in whose name a Class E Note is registered on the Note Register.
Conversion Right has the meaning set forth in Section 4.05(a) hereof.
Series A Warrants means, collectively, the Common Stock purchase warrants delivered to the Purchasers at the Closing in accordance with Section 2.2(a) hereof, which Warrants shall be exercisable immediately from the Closing Date and have a term of exercise equal to five (5) years, in the form of Exhibit A attached hereto.
Series C Equipment Notes means Equipment Notes issued under an Indenture and designated as "Series C" thereunder.
Note A-4 Holder means the Initial Note A-4 Holder or any subsequent holder of Note A-4, as applicable.
Company Option means an option to purchase shares of Company Common Stock.
Optional Purchase Price has the meaning set forth in Section 8.1 of the Sale and Servicing Agreement.