Examples of Noteholder Resolution in a sentence
The Series Note Registrar shall, at the request of a Noteholder, make available uncompleted and unexecuted Noteholder Proxy Instruments and issue block voting instructions in a form and manner which comply with the Noteholder Resolution Provisions.
MVT Noteholder Resolution has the meaning given to the term “Ordinary Resolution” in the Trust Deed.
The membership reflects a cross section of greenway interests and the geographic diversity of the Commonwealth.
A Noteholder Resolution of Noteholders in a Class of Notes (other than in relation to a Series Basic Terms Modification) will be binding on the Noteholders of each Class in a more junior Tranche irrespective of the effect on the interests of the Noteholders of each such Class in a more junior Tranche.
However, a Noteholder Resolution or, as applicable, DCI Holder Resolution does not entitle the Issuer, the Security Trustee, a Series Note Trustee and/or any other Security Creditor to override, modify and/or breach a covenant made to, or agreement made with, any party under the Transaction Documents except where such party agrees and/or such covenant expressly indicates that a Noteholder Resolution or, as applicable, DCI Holder Resolution can entitle such override, modification and/or breach.
Without limiting clause 11.1, subject to the Trust Deed and compliance with the Corporations Act and all other applicable laws, the Issuer may at any time and from time to time, amend these Note Terms or the Trust Deed if a Noteholder Resolution or (where required under the Meeting Provisions) a Special Resolution is passed in favour of such amendment.
Following a review and analysis of the Noteholder Resolution and consideration of other available alternatives the Board has unanimously determined that the Noteholder Resolution (and the transactions contemplated therein) is in the best interests of the Company and the Noteholders.
Subject to the Note Terms, the Trustee may at any time convene a meeting of the Noteholders for any purpose, or otherwise seek from the Noteholders a direction or instruction (in the form of any Noteholder Resolution or Special Resolution (as applicable)) or in any other form or type of resolution provided for under the Transaction Documents or otherwise in relation to any matter it thinks appropriate.
The Noteholder Resolution, which was duly approved at the Meeting, included approval of the Reorganization (as defined in the Circular) and this Note Amending Agreement and Waivers.
If the Noteholder Resolution is not approved, the IPO will not be concluded, and the Company will not be in a position to service its indebtedness and it is expected that the secured creditors and Bridge Note holders are expected to realize on their respective securities.