Purchasing Noteholders definition

Purchasing Noteholders means the Noteholders that have agreed to purchase the CRG Claims for the CRG Purchase Price from the proceeds of their respective Pro Rata portion of the Noteholder Payments. The Purchasing Noteholders are identified by an asterisk (*) in Exhibit B. The Debtors intend to file with the Plan Supplement an exhibit showing the amount of the Noteholder Distribution each Noteholder will receive from the Debtors, as reduced by the CRG Purchase Price being paid by the Purchasing Noteholders on the Effective Date, plus the CRG Claims Distribution Amount to be received by each Purchasing Noteholder on the Effective Date.
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Purchasing Noteholders shall have the meaning set forth in Section 7.3 hereof.
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Purchasing Noteholders shall have the meaning set forth in Section 16(a) of this Agreement.
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Examples of Purchasing Noteholders in a sentence

  • The CRG Claim Purchase Price shall be paid Pro Rata by the Purchasing Noteholders, based on the face amount of their respective Note Claims.

  • In addition, on the Effective Date or as soon as practicable thereafter: (1) the Debtors will pay the Noteholders their Pro Rata share of the Noteholder Payments, provided that the Purchasing Noteholders shall be paid their Pro Rata share of the sum of (a) the Noteholder Payments, less (b) the CRG Claims Purchase Price, plus (c) the CRG Claims Distribution Amount; and (2) the Debtors will pay CRG the CRG Claims Purchase Price on behalf of the Purchasing Noteholders.

  • On the Effective Date, the Purchasing Noteholders shall purchase from CRG, from proceeds of their respective distributions from the Noteholder Payments, the CRG Claims for the CRG Claims Purchase Price.

  • The Claims Traders assert that the Plan is improper on the grounds that the agreement by the Purchasing Noteholders to acquire CRG’s claims after the Effective Date violates section 1123(a)(4)’s requirement that a plan “provide the same treatment for each claim or interest of a particular class.” 11 U.S.C. § 1123(a)(4).

  • Accordingly, notwithstanding anything in this Plan to the contrary, the Noteholders shall not become Beneficiaries under the Trust Agreement and shall not be entitled to any separate distribution on account of their claims by the Liquidating Trustee, as their claims (including the CRG Claims purchased by the Purchasing Noteholders) will be satisfied on the Effective Date.

  • See Plan, § III.B.2. But rather than receive such a recovery, CRG has waived its right to any recovery from estate assets and will receive consideration from non- debtor Purchasing Noteholders (who are purchasing CRG’s claims with their own recoveries under the Plan).

  • That doctrine is inapplicable here because the Purchasing Noteholders are members of the same class as CRG and thus the absolute priority rule is not violated.

  • The mere fact that CRG’s claims are being acquired by the Purchasing Noteholders does not make CRG an insider.

  • The Claims Traders argue that CRG’s votes in favor of the Plan as a Class 2C creditor of VMT should be discounted and “deemed to be a vote by an insider” because CRG’s claims are being acquired by the Purchasing Noteholders after the Effective Date.

  • Accordingly,notwithstanding anything in this Plan to the contrary, the Noteholders shall not become Beneficiaries under the Trust Agreement and shall not be entitled to any separate distribution on account of their claims by the Liquidating Trustee, as their claims (including the CRG Claims purchased by the Purchasing Noteholders) will be satisfied on the Effective Date.

Related to Purchasing Noteholders

  • Consenting Noteholders has the meaning set forth in the preamble to this Agreement.

  • Controlling Noteholder means as of any date of determination the holder or holders of a majority of the Lead Securitization Note. At any time the Lead Securitization Note is the Controlling Noteholder and is included in the Lead Securitization, references to the “Controlling Noteholder” herein shall mean the holders of the majority of the class of securities issued in the Lead Securitization designated as the “controlling class” (or such lesser amount as permitted under the terms of the Servicing Agreement) or such other class(es) otherwise assigned the rights to exercise the rights of the “Controlling Noteholder” hereunder, as and to the extent provided in the Servicing Agreement.

  • Senior Noteholders means the holders of the Senior Notes.

  • Second Lien Noteholders means the holders of Second Lien Notes.

  • Purchasing Agent means the head of the City’s Purchasing Division, or a designated contact person acting for him or at his direction.

  • Class E Noteholder means the Person in whose name a Class E Note is registered on the Note Register.

  • Instituting Noteholders has the meaning set forth in Section 7.6(a) of the Indenture.

  • Lead Securitization Noteholder means the holder of the Lead Securitization Note.

  • Senior Noteholder means the Holder of any Senior Note.

  • Requisite Noteholders Holders of Notes evidencing not less than a majority of the Outstanding Amount of the Controlling Class.

  • Non-Lead Securitization Noteholder herein shall mean the Non-Lead Securitization Subordinate Class Representative under the related Non-Lead Securitization Servicing Agreement, as and to the extent provided in the related Non-Lead Securitization Servicing Agreement and as to the identity of which the Lead Securitization Noteholder (and the Master Servicer and the Special Servicer) has been given written notice. The Lead Securitization Noteholder (or the Master Servicer or the Special Servicer acting on its behalf) shall not be required at any time to deal with more than one party exercising the rights of a “Non-Lead Securitization Noteholder” herein or under the Servicing Agreement and, to the extent that the related Non-Lead Securitization Servicing Agreement assigns such rights to more than one party, for purposes of this Agreement, the Non-Lead Securitization Servicing Agreement shall designate one party to deal with the Lead Securitization Noteholder (or the Master Servicer or the Special Servicer acting on its behalf) and provide written notice of such designation to the Lead Securitization Noteholder (and the Master Servicer and the Special Servicer acting on its behalf) (such party, the “Non-Lead Securitization Noteholder Representative”); provided that, in the absence of such designation and notice, the Lead Securitization Noteholder (or the Master Servicer or the Special Servicer acting on its behalf) shall be entitled to treat the last party as to which it has received written notice as having been designated as the Non-Lead Securitization Noteholder Representative with respect to such Non-Controlling Note for all purposes of this Agreement. Prior to Securitization of any Non-Lead Securitization Note by the Non-Lead Securitization Noteholder (including any New Notes), all notices, reports, information or other deliverables required to be delivered to such Non-Lead Securitization Noteholder pursuant to this Agreement or the Servicing Agreement by the Lead Securitization Noteholder (or the Master Servicer or the Special Servicer acting on its behalf) only need to be delivered to each Non-Lead Securitization Noteholder Representative and, when so delivered to each Non-Lead Securitization Noteholder Representative, the Lead Securitization Noteholder (or the Master Servicer or the Special Servicer acting on its behalf) shall be deemed to have satisfied its delivery obligations with respect to such items hereunder or under the Servicing Agreement. Following Securitization of any Non-Lead Securitization Notes by the Non-Lead Securitization Noteholder, all notices, reports, information or other deliverables required to be delivered to such Non-Lead Securitization Noteholder pursuant to this Agreement or the Servicing Agreement by the Lead Securitization Noteholder (or the Master Servicer or the Special Servicer acting on its behalf) shall be delivered to the related Non-Lead Master Servicer and the related Non-Lead Special Servicer (who then may forward such items to the party entitled to receive such items as and to the extent provided in the related Non-Lead Securitization Servicing Agreement) and, when so delivered to the related Non-Lead Master Servicer and the related Non-Lead Special Servicer, the Lead Securitization Noteholder (or the Master Servicer or the Special Servicer acting on its behalf) shall be deemed to have satisfied its delivery obligations with respect to such items hereunder or under the Servicing Agreement.

  • Required Noteholders has, with respect to any Series of Notes, the meaning stated in the related Series Supplement.

  • Non-Lead Securitization Noteholder Representative shall have the meaning assigned to such term in the definition of “Non-Lead Securitization Noteholder”.

  • Non-Controlling Noteholder means each Noteholder other than the Controlling Noteholder; provided that, if at any time a Non-Controlling Note (or, at any time a Non-Lead Securitization Note is included in a Securitization, the Non-Lead Securitization Subordinate Class Representative) is held by the Mortgage Loan Borrower or a Mortgage Loan Borrower Related Party, no Person shall be entitled to exercise the rights of such Non-Controlling Noteholder with respect to such Non-Controlling Note.

  • Class D Noteholders means the holders of any Class D Notes from time to time.

  • Investor Certificateholder means the holder of record of an Investor Certificate.

  • Required Consenting Noteholders means, as of the relevant date, the Consenting Noteholders then holding greater than fifty and one-tenth percent (50.1%) of the aggregate outstanding principal amount of Senior Notes Claims that are held by all Consenting Noteholders subject to the Restructuring Supporting Agreement as of such date.

  • Majority in Interest of Noteholders means, as of a particular date of determination and subject to Section 2.16 of the Indenture, the holders of at least a majority in aggregate unpaid principal amount of all Equipment Notes outstanding as of such date (excluding any Equipment Notes held by the Company or any Affiliate thereof, it being understood that a Pass Through Trustee shall be considered an Affiliate of the Company as long as more than 50% in the aggregate face amount of Pass Through Certificates issued by the corresponding Pass Through Trust are held by the Company or an Affiliate of the Company or a Pass Through Trustee is otherwise under the control of the Company or such Affiliate of the Company (unless all Equipment Notes then outstanding are held by the Company or any Affiliate thereof, including the Pass Through Trustees which are considered Affiliates of the Company pursuant hereto)); provided that for the purposes of directing any action or casting any vote or giving any consent, waiver or instruction hereunder, any Noteholder of an Equipment Note or Equipment Notes may allocate, in such Noteholder’s sole discretion, any fractional portion of the principal amount of such Equipment Note or Equipment Notes in favor of or in opposition to any such action, vote, consent, waiver or instruction.

  • Majority Noteholders means the Holders of a majority by principal amount of the most senior then outstanding class of Notes.

  • Controlling Note Holder means the holder of the Controlling Note; provided that at any time the Controlling Note is included in a Securitization, references to the “Controlling Note Holder” herein shall mean the holders of the majority of the class of securities issued in such Securitization designated as the “controlling class” or any other party that is assigned the rights to exercise the rights of the “Controlling Note Holder” hereunder, as and to the extent provided in the related Securitization Servicing Agreement; provided that for so long as 50% or more of the Controlling Note is held by (or the party assigned the rights to exercise the rights of the “Controlling Note Holder” (as described above) is) the Mortgage Loan Borrower or an Affiliate of the Mortgage Loan Borrower, the Controlling Note (and such party assigned the rights to exercise the rights of the “Controlling Note Holder” as described above) shall not be entitled to exercise any rights of the Controlling Note Holder, and there shall be deemed to be no Controlling Note Holder hereunder. If the Controlling Note is included in a Securitization, the related Securitization Servicing Agreement may contain additional limitations on the rights of the designated party entitled to exercise the rights of the “Controlling Note Holder” hereunder if such designated party is the Mortgage Loan Borrower or if it has certain relationships with the Mortgage Loan Borrower.

  • Initial Noteholders shall have the meaning assigned to such term in the recitals.

  • State Purchasing Agent means the director of the purchasing division of the general services department.

  • Lead Securitization Note Holder means the holder of the Lead Securitization Note.