Qualified Creditor definition

Qualified Creditor means any Creditor which is not an Affiliate of any Grantor.

Qualified Creditor means either a QIB or an Institutional Accredited Investor. A “QIB” means a “qualified institutional buyer” as such term is defined in Rule 144A under the Securities Act of 1933, as amended (the “Securities Act”). An “Institutional Accredited Investor” means an “accredited investor” as such term is defined in paragraphs (1), (2), (3) and (7) of Rule 501(a) of Regulation D under the Securities Act.

Qualified Creditor means a creditor who, at the date of the presentation of the petition, or as the case may be at the date the debtor application is made, is a

Examples of Qualified Creditor in a sentence

• Such a claimholder will generally be a Qualified Creditor under the Section 382(l)(5) Safe Harbor unless the particular claim(s) that it holds both (a) did not arise in the ordinary course of the issuing debtor’s business and (b) was not in existence 18 months prior to the filing of the bankruptcy petition.

• A creditor who receives stock under the Debtors' Chapter 11 plan of reorganization may also be a "Qualified Creditor" if it ultimately owns less than 5% of the reorganizedbusiness, despite not being able to satisfy the continuous ownership requirements.

• Johnsen, Trustee of ECOtality Consolidated Qualified Creditor Trust.

• However, to qualify for this exemption under IRC section 382(l)(5), immediately after the debtor corporation’s emergence from bankruptcy, at least 50% of the total vote and value of the debtor’s stock must be owned by a combination of (i) pre-bankruptcy equity holders and (ii) certain qualified creditors (the “Qualified Creditors”), and those shareholders must have received their stock by reason of their status as pre-bankruptcy equity holders or as a Qualified Creditor.

• Such a claimholder will generally be a Qualified Creditor unless the particular claim(s) that it holds both (i) did not arise in the ordinary course of the debtor corporation’s trade or business and (ii) was not in existence 18 months prior to the date of filing of the bankruptcy petition.

More Definitions of Qualified Creditor

Qualified Creditor means a creditor who, at the date of the presentation of the petition, or as the case may be at the date the debtor application is made, is a creditor of the debtor in respect of relevant debts which amount (or of one such

Qualified Creditor means a creditor of the Alto Maipo Obligations who provides either one of the following certifications: (i) a certification that it is located in the United States, and is either a “Qualified Institutional Buyer” as defined in Rule 144A of the Securities Act, U.S. government agency or an “accredited investor” as defined in Regulation D under the Securities Act, and it acknowledges that it will be receiving “restricted securities” within the meaning of Rule 144 under the Securities Act; or (ii) a certification that it is located or resident outside the United States and is qualified to participate in acquiring the securities offered to it under the Plan in accordance with applicable law.

Qualified Creditor means any creditor having its seat in a member state of the European Un- ion or in a country which has a double taxation treaty with the Relevant Tax Jurisdiction which makes provision for full exemption from tax im- posed on interest or other payments

Qualified Creditor means a creditor who, at the date of the presentation of the petition… is a creditor of the debtor in respect of relevant debts which amount (or of one such debt which amounts) to not less than £3,000 …

Qualified Creditor means any Creditor which is not an Affiliate of any Grantor. “Required Creditors” shall mean, at any time, (i) Banks whose Pro Rata Shares represent greater than 50% of the aggregate Principal Exposure of all of the Banks, (ii) Prudential Noteholders whose Pro Rata Shares represent greater than 50% of the aggregate Principal Exposure of all of the Prudential Noteholders and (iii) NY Life Noteholders whose Pro Rata Shares represent greater than 50% of the aggregate Principal Exposure of all of the NY Life Noteholders; provided, however, that only Pro Rata Shares of Senior Indebtedness held by Qualified Creditors shall be included in this determination; provided, further, that if at any time Obligations owing to Banks, the Prudential Noteholders or the NY Life Noteholders, as the case may be, are less than both (A) $1,000,000, and (B) 10% of the aggregate Obligations (the Banks, the Prudential Noteholders or the NY Life Noteholders, as the case may be, a “Deminimis Group”), then the Required Creditors shall be determined without regard to clause (i) if the Deminimis Group is the Banks, clause (ii) if the Deminimis Group is the Prudential Noteholders and clause (iii) if the Deminimis Group is the NY Life Noteholders.

Qualified Creditor means any Creditor which is not an Affiliate of any Grantor. Exh. H-5

Qualified Creditor means any Creditor which is not an Affiliate of any Grantor. “Required Creditors” shall mean, at any time, (i) Banks whose Pro Rata Shares represent greater than 50% of the aggregate Principal Exposure of all of the Banks, (ii) Prudential Noteholders whose Pro Rata Shares represent greater than 50% of the aggregate Principal Exposure of all of the Prudential Noteholders and (iii) NY Life Noteholders whose Pro Rata Shares represent greater than 50% of the aggregate Principal Exposure of all of the NY Life Noteholders; provided, however, that only Pro Rata Shares of Senior Indebtedness held by Qualified Creditors shall be included in this determination; provided, further, that if at any time Obligations owing to Banks, the Prudential Noteholders or the NY Life Noteholders, as the case may be, are less than both (A) $1,000,000, and (B) 10% of the aggregate Obligations (the Banks,